Process for Filling City
Council Vacancy by
Appointment
Richard D. Pio Roda,
City Attorney
January 2, 2023
Background
Councilmember Reynes submitted her resignation,
effective December 31, 2023.
Pursuant to San Leandro Charter Section 250, if a
member of the City Council vacates their seat prior to
the end of their term, the City Council must fill the
vacancy by appointment within 60 days.
The Council has 60 days from the effective date of
resignation to appoint a new councilmember.
60 days from December 31, 2023 is February 29,
2024.
Timeline
Process for Appointment
• There are no state laws or Municipal Code
provisions establishing specific procedures to make
an appointment.
• No formal application process is required, although
in other cities and in past situations where a
vacancy occurred on the Council, an application and
interview process were conducted.
Process for Appointment
In 2012, the process was:
• July 2- resignation announced
• July 16- Ad hoc committee established by City
Council to develop interview questions
• August 2- applications available; ads published
• August 20- application period closed (8 received)
• September 4-Council narrows down applicants to 4
• September 13- interviews and appointment at
special council meeting
Process for Appointment
Staff recommendation: Adopt the following timeline
• January 3 - 5 make applications available, due
February 2 (application window)
• February 20 - at a regular meeting of the City
Council, interview applicants, and make
appointment
• If appointment is not made at Feb. 20th meeting,
call a special meeting before Feb. 29th to make
appointment
What happens after appointment?
When the City Council fills a vacancy by appointment,
it must hold an election for the office at the next
general municipal election- November 2024.
The appointed councilmember would hold the office
until the person elected in November 2024 assumes
office.
The person elected at the November 2024 election
would hold office until December 2026.