CITY COUNCIL STAFF REPORT
Meeting Date: January 09, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: DISCUSS THE APPOINTMENT PROCESS TO FILL THE VACANT
CITY COUNCILMEMBER POSITION AND PROVIDE DIRECTION TO
STAFF
SYNOPSIS
In light of the resignation of an elected City Councilmember, the City Council must, within 60 days from the commencement of the vacancy, either appoint a successor to fill the vacancy until the certification of the November 5, 2024 General (Municipal) Election, or call a special election to fill the vacancy. At its December 5, 2022 meeting, the City Council agreed to make an appointment rather than hold a special election and staff was given direction to prepare an application form for the City Council to review in January should it decide to use an application.
Staff has prepared a draft application and recommends the City Council review the application and discuss the process and provide direction to staff on how to proceed.
DISCUSSION
Background
California city councilmembers obtain their seats through election. In order to stand for election, a candidate must be a resident and registered voter of Pleasant Hill. No other qualifications are required or may be added by the City Council.
In instances in which an elected councilmember’s post is vacated prior to the end of their term, Government Code § 36512(b) provides that:
“(b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.
(1) If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. (2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
(B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
Councilmember Carlson submitted his letter of resignation effective December 31, 2022, which falls in the second half of his term of office, making § 36512(b)(2)(B) applicable. Thus, by March 1, 2023, the City Council must either (1) appoint an individual to fill the position, in which case the appointee must meet the criteria for election set out above, or (2) call for a special election to allow voters to select a new councilmember. At its December 5, 2022 meeting, the City Council agreed on the appointment option versus holding a special election and staff was given direction to prepare an application form for the City Council to review in January should it decide to use an application.
Analysis
Candidates for appointment are limited to those individuals who would be eligible to serve as an elected councilmember; that is, individuals who are electors (registered voters) in the City. Staff requests that the Council review the draft application; provide direction to staff on finalizing the application; direct staff to post and publish notice of the availability of the position, and accept application materials from interested persons over a brief period; and conduct interviews and make a selection. The application process is not mandated by law, and the Council is free to craft its own process.
Staff recommends the following actions and timeline:
January 9, 2023 City Council Meeting
1. Review the draft application and provide direction to staff to finalize it.
2. Direct staff to post and publish the vacancy notice and application process with an application deadline of January 27, 2023.
February 6, 2023 City Council Meeting
1. Review the applications of qualified applicants (staff-verified registered Pleasant Hill voters eligible to hold office).
2. Determine whether to interview all qualified applicants at a special meeting or at the February 27, 2023 regular meeting or select the specific applicants to be interviewed at a special meeting or at the February 27, 2023 regular meeting.
If Special Meeting Held
1. Interview the applicants at the special meeting.
2. Either:
a. Vote to appoint a new City Councilmember at the meeting; or b. Set the appointment discussion for the February 27, 2023 regular City Council meeting.
If No Special Meeting Held, February 27, 2023 City Council Meeting
1. Interview the applicants.
2. Vote to appoint a new City Councilmember.
FISCAL IMPACT
The costs to implement the appointment process include staff time and advertising the position.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends the City Council review the draft application and discuss the timeline and steps to appoint a new City Councilmember and provide direction to staff on how to proceed.
ALTERNATIVES TO RECOMMENDED ACTION
City councilmembers are essential officers of municipal government and a new one must be selected by law. The Council has a mandatory duty to choose to either appoint a new councilmember or call a special election for that purpose. No alternatives to this duty are available.
ATTACHMENT(S):
Draft City Councilmember Application
Prepared by: Danielle K. Navarro, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager