https://qcode.us/codes/sunnyvale/ 1/2
Sunnyvale Municipal Code
Up Pre vious Next Main Collapse Search Print No F rames Title 2. ADMINISTRATION AND PERSONNEL
Chapter 2.30. APPOINTMENT PROCESS TO FILL VACANCIES ON THE CITY COUNCIL
2.30.010. Purpose and intent.
The purpose of this chapter is to implement the requirement of city of Sunnyvale Charter Section 604(e) by establishing a public process for appointment to fill vacancies on the city council when appointment is authorized by the City Charter. (Ord. 3144-19 § 1).
2.30.020. Applicability.
This chapter applies to appointments permitted under Charter Section 604 to fill vacancies on the city council when the city council has elected to fill such vacancy by appointment, and is intended to be consistent with Sunnyvale Charter Section 604. To the extent there is any conflict between the Charter and this chapter, the terms of the Charter shall govern. (Ord. 3144-19 § 1).
2.30.030. Public process for city council appointments.
The following process shall be used to fill a city council vacancy by appointment:
(a) Application Period. At the meeting at which the city council determines to fill a vacancy by appointment, it shall establish application requirements and set an application period for receiving applications and interviewing candidates seeking appointment to the vacant seat.
(b) Public Notice of Application Period. The city clerk shall post the application period and application on the city’s website and may also notify the public of the vacancy by other methods in accordance with then applicable practices commonly used by the city for providing broad public notice. (c) Public Applications. The city clerk shall distribute the candidates’ applications to the city council and shall make the statements available to the public.
(d) Public Interviews. The council shall hold an open and public meeting to interview all eligible candidates. The interview process shall be structured to allow the public to ask questions or provide comment before the interviews. (e) Public Hearing on Interviews. The council shall hold a public hearing to receive public comment after the interviews and prior to making the appointment.
(f) V oting on Appointment. Following the public hearing, the council shall vote on the appointment as follows:
(1) If there are fewer than five candidates, the mayor shall announce each candidate’s name. Council will vote on each candidate. Should a tie between the candidates receiving the most affirmative votes occur, the affected applicants may be voted on again.
(2) If there are five or more candidates, the mayor shall ask each councilmember to rank the candidates from first choice to last choice on a written ballot. The mayor may choose to recess the meeting while the city clerk counts the ballots. If one candidate receives four or more first choice votes, that candidate shall be declared to be appointed. If not, and one candidate has received the fewest first-choice votes, that candidate shall be eliminated, with his or her votes reassigned to the voters’ second-choice candidates. If multiple candidates have tied for the fewest first-choice votes by receiving only one vote each, they shall be eliminated and their votes reassigned in the same manner. If multiple candidates have tied for the fewest first-choice votes by receiving two votes each, whichever one of them has received the fewest second-choice votes shall be eliminated and the votes reassigned. If multiple candidates have tied for the fewest first-choice votes by receiving two votes each, and have the same number of second-choice votes, the clerk shall call for a tiebreaker vote between those candidates, with the loser of the tiebreaker being eliminated and having his or her first- choice votes reassigned. The counting process shall continue until one candidate has at least four votes and is declared to be appointed. The city clerk shall announce the result of the voting.
Attachment 2
Chapter 2.30. APPOINTMENT PROCESS TO FILL
VACANCIES ON THE CITY COUNCIL
Chapter 2.30. APPOINTMENT PROCESS TO FILL
VACANCIES ON THE CITY COUNCIL
https://qcode.us/codes/sunnyvale/ 2/2
(3) Any appointment requires at least four affirmative votes pursuant to Charter Section 604(c). (Ord. 3144-19 § 1).
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Attachment 2