Exhibit A
1 11/2/2021
MEMO
TO: Honorable City Council
FROM: Kevin Werner and Tom Terpstra
SUBJECT: Appointment to Fill Unexpired Term for a Vacant City Council Seat DATE: November 1, 2021
With the resignation of Councilmember Tim Wheeler effective November 12, 2021, a vacancy on the City Council has been created. Government Code 36512 provides that if a vacancy occurs in an elected office, the City Council must fill the vacancy by appointing a new councilmember within sixty (60) days from the commencement of the vacancy or by calling for a special election to fill the vacancy. At the October 28, 2021 Special City Council meeting, staff was directed to layout a process to move forward with the City Council to fill the vacancy by appointment.
Councilman Wheeler’s term is set to expire in November, 2024. The next general municipal election will occur in November, 2022. Because he is still in the first half of his term and there are more than 130 days between now and the next municipal election, whoever fills Councilman Wheeler’s vacancy will serve until the next municipal election. To be more specific, Gov. Code Section 36512(b)(2)(a) provides that 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 Board is notified of the vacancy.
The appointed successor shall hold the office in this case until the next elected successor has been qualified. Then the elected successor shall fill the vacancy for the unexpired balance of the term of office.
Because Mr. Wheeler will vacate his seat on the Council within the first half of a 4-year term, and because the next general district election is more than 130 days from now, the Council’s appointed member will serve until the next election in November, 2022. Then whoever is elected to fill that vacancy will serve the remaining two years of Councilman Wheeler’s term until the seat is up for election again in 2024.
Appointment Process
Any appointment by City Council would become effective once that individual is sworn into office. The Election and Government Codes do not set out a specific process to be used to make the appointment, other than to require any interviews conducted by the full City Council to be held in an open and public meeting.
When a city council vacancy was created with the passing of Elden “Red” Nutt in 2014, the City Council developed a transparent process that allowed any interested resident who meets the minimum criteria1to apply and be considered for the appointment.
1 Minimum criteria to apply and be considered for the vacant city council seat is 18 years of age, reside within the corporate limits of the City of Ripon, and be registered to vote in the City of Ripon.
Exhibit A
2 11/2/2021
The following is a summary of that process along with a proposed schedule to fill the seat vacated by Mr.
Wheeler:
November 9, 2021: City Council (regular meeting) to approve the application and direct staff to open the application period from November 10th to closing on November 18th at 5:30 pm. Staff will coordinate a public notice to be printed in the Manteca Bulletin and post the application on the City’s website.
November 23, 2021: City Council meeting (special meeting) to review submitted applications, determine format for interviews, and scoring methodology.
December 2, 2021: City Council meeting (special meeting) to conduct applicant interviews.
December 14, 2021: City Council meeting (regular meeting) to score applicants and appoint.
City Council Action:
City Council to consider approving the above process to fill the vacant City Council seat along with the attached Council Member Appointment Application.