City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 03/08/2022
Subject: Process for Council Vacancy
RECOMMENDED ACTION:
This resolution approves the process for future City Councils to consider following when filling a City Council vacancy as an open and transparent process to find the most qualified individual to fill a vacant City Council seat.
BACKGROUND:
In the past 30 years, there have been two times that City Councils have had to determine how best to fill a vacancy on the City Council - once in 2014 and again in 2021.
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. The Government Code does 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 are to be held in an open and public meeting.
DISCUSSION/ANALYSIS:
With the vacancies that were created on the Ripon City Council in 2014 and again in 2021, the City Council decided to fill the vacancy both times through an open and transparent process as outlined in the attached resolution that allowed any interested resident who meets the minimum criteria to apply and be considered for the appointment. The process not only yielded qualified individuals to fill the vacancy, but also minimized political tensions that can go along with such an appointment.
The City Council directed staff to memorialize the process used as a standard for future City Councils to consider if a vacancy occurs at the City Council again in the future.
Attachments:
1. 20211101 Staff Report
2. Flow Chart to Appoint
RESOLUTION NO. 22-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING THE PROCESS FOR FUTURE CITY
COUNCILS TO CONSIDER WHEN FILLING A VACANT
CITY COUNCIL SEAT
WHEREAS, 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; and WHEREAS, on two separate occasions since 2014, the Ripon City Council has taken action to fill a vacancy on the City Council; first, the vacancy created with the passing of Elden “Red” Nutt in 2014, and second, the vacancy created by the resignation of Timothy Wheeler in November, 2021; and WHEREAS, in both instances, the City Council voted not to proceed with a special election due primarily to cost and timing considerations. Instead, the City Council voted unanimously to fill the vacancy by appointment, and directed City staff to develop a fair, open and transparent public process for individuals applying and being considered for the appointment; and
WHEREAS, any individual not elected during an election cycle prior to when a City Council vacancy is created should not automatically be appointed by the City Council without a public and transparent process to ensure the most qualified individual is appointed; and WHEREAS, the resulting process is summarized in the Staff memorandum prepared by the City Administrator and the City Attorney dated November 1, 2021attached as Exhibit “A”, and the Flow Chart attached as Exhibit “B”; and
WHEREAS, the City Council finds that the implementation of the process in both 2014 and 2021 promoted public participation, provided a process which was fair and equitable for the applicants, and resulted in the appointment of highly qualified individuals; and WHEREAS, the City Council is aware that in making the findings and encouraging future City Councils to follow the process outlined in this Resolution, it cannot bind future Councils or diminish the discretion granted to them under State Law as referenced herein.
NOW, THEREFORE, BE IT RESOLVED that in the event of future vacancy(s) on the City Council, future City Council’s are encouraged to follow the process outlined in this Resolution and the attached exhibits, which has been found to provide an open and transparent process to fill the vacancy with a qualified individual while minimizing political tensions that can go along with such an appointment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of March, 2022, by the following vote:
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Daniel de Graaf, Council Member
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DEAN UECKER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk