RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
APPOINTING TO COMPLETE THE TERM OF FORMER
COUNCILMEMBER KEN CARLSON
WHEREAS, former Councilmember Ken Carlson’s Council seat became vacant as a result of his election to the Contra Costa County Board of Supervisors; and WHEREAS, Councilmember Carlson’s term does not expire until certification of the November 2024 General (Municipal) Election; and
WHEREAS, pursuant to Section 36512 of the Government Code, the Council must fill the vacancy by appointment or call a special election to fill the vacancy within 60 days of the vacancy, March 1, 2023; and
WHEREAS, Government Code Section 36512(b)(2)(B) provides that “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[;]” and WHEREAS, the City Council of the City of Pleasant Hill voted to fill the vacancy by appointment and at a series of public City Council meetings between December 5, 2022 and February 6, 2023, established an interview and appointment process by which to determine the applicant to be appointed to fill the vacancy at a special meeting held on February 16, 2023; and WHEREAS, the Council reviewed and considered 11 submitted applications and selected four applicants to be interviewed during a publicly noticed special meeting; and WHEREAS, at the special City Council meeting on February 16, 2023, the Council conducted an interview of the four applicants and discussed and deliberated for the purpose of selecting one applicant to appoint to the vacant seat.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that:
Section 1. Pursuant to Government Code Section 36512, the Council hereby appoints to fill the vacant seat on the City Council for the remainder of the term, which will terminate upon certification of the November 2024 General (Municipal) Election.
Section 2. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Council declares that the Council would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 3. This Resolution shall take effect and be in full force immediately after its adoption by the Council.
ADOPTED by the City Council of the City of Pleasant Hill at a special meeting held on the 16th day of February, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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TIMOTHY M. FLAHERTY, Mayor
ATTEST:
DANIELLE K. NAVARRO, City Clerk