From: Baade, Joanne
To: Campagnolo, Laura
Subject: Resignation from Office of City Clerk
Date: Wednesday, October 5, 2022 11:11:11 AM
From: Baade, Joanne
Sent: Saturday, October 1, 2022 8:49 AM
To: James, Gene <[email protected]>; Duncan, Chris <[email protected]>; Ferguson, Laura <[email protected]>; Knoblock, Steve <[email protected]>; Ward, Kathy <[email protected]>
Cc: Joyce, Sean <[email protected]>; Campagnolo, Laura <CampagnoloL@sanclemente.org>; Jimenez, Megan <[email protected]>; Baade, Joanne <[email protected]>; Scott Smith <[email protected]> Subject: Resignation from Office of City Clerk
Dear Councilmembers:
It is with mixed emotions that I hereby submit my
resignation from the elected office of City Clerk. This is a bittersweet moment for me because I have loved
serving the City of San Clemente, but now that I am a
grandmother, it is time for me to move on to a new
chapter in my life. I will miss working with you, the City staff, and the people of San Clemente, but I intend to
stay in San Clemente and am available to help in this
transition and beyond.
Pursuant to State law, the date of the vacancy in this
office occurs upon my delivery of this email to the City Council. Therefore, the 60-day time frame under State
law to fill the vacancy through appointment or calling a special election starts tomorrow (see below). My
resignation will become effective 60 days from the date of this email, or upon Council’s appointment of my
successor, whichever occurs first.
In terms of filling the vacancy, California Government
Code 36512(b) requires that Council, within 60 days
from the commencement of the vacancy (delivery of this
email to you), either fill the vacancy by appointment or call a special election to fill the vacancy. Details
concerning the two options are identified below:
Fill the Vacancy by Appointment
The Council can appoint a San Clemente registered voter to fill the vacancy in the office of City Clerk. The
Council may establish a formal recruitment/interview
process leading up to an appointment, and may also opt
not to have a formal process. That is up to the Council.
The only requirement is that the appointment be made
within 60 days of the vacancy. The person appointed will serve the remainder of the unexpired term of the former incumbent (i.e., until November 2024). If the measure
on the November 8, 2022 ballot that proposes to make
the office of City Clerk appointive should pass (Measure U), the person that the Council appoints to fill the
vacancy will continue to serve out the term of the former incumbent. If a later vacancy in the office occurs after the effective date of Measure U, the vacancy could only be filled by appointment.
Call a Special Election
The Council can also call a special election to be held on the “next regularly established election date” under State law occurring not less than 114 days from the call of the special election. Under State Government and Elections
Codes, the next such date is March 7, 2023, provided the Council calls the election by no later than Sunday,
November 13, 2022. Under the 114-day rule, if the
Council were to call the special election at a later
meeting, the special election would move to the next date provided by State law, which is November 7, 2023. The
Council may appoint or call a special election at a
regular or special Council meeting held for this purpose.
If Council calls a special election, it does not have the ability under State law or the Municipal Code to appoint an interim City Clerk to serve until the special election is held. The seat would remain vacant until filled by the
special election. The person elected to fill a vacancy
holds office for the unexpired term of the former
incumbent. Since the vacancy and calling of the special election would predate the potential effective date of
Measure U (late December, 2022), if the Council calls a special election and Measure U should pass, the special election will remain on the March 7, 2023 or November
7, 2023 ballot to fill the office. The Registrar of Voters’ Office estimates the cost of a special vacancy election on either date in 2023 to be approximately $322,722 -
$377,435.
If you have any questions, please contact me
individually. For Brown Act purposes, please do not
Reply All.
Sincerely,
Joanne Baade – San Clemente City Clerk