Revision to Agenda Item #14
• Revised section 2(b) of the Discussion
section adding clarifying language
relative to City staff
• Removed the last paragraph of the
Discussion section
Revision -
Redline Version
Item Number: {{item.number}}
City Council / Board of Directors
Written Communications
Meeting of: September 16, 2025
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Discussion and Possible Action to consider the options available relative to the resignation of Council Member Jones and t he filling of the vacancy created by this resignation to include details on how to accomplish each option available
Recommendation:
Any action is at the discretion of the City Council.
Fiscal Impact:
Unknown at this time and dependent upon City Council action.
Background:
At the City Council meeting of September 2, 2025, it was moved by Mayor Becerra with majority approval to agendize an item for di scussion and possible action to consider the options available relative to the resignation of Council Member Jones and the filling of the vacancy created by this resignation to incl ude details on how to accomplish each option available.
Discussion:
Government Code Section 36512 provides tw o options for proceeding when a vacancy occurs on the City Council during the second half of an incumbent’s term. Within sixty (60) days of the date the office became va cant (no later than December 20, 2025) the City Council must take one of the following actions:
1. Call for a Special Election: The City C ouncil may call a special election to fill the vacancy, which special election must occur at the “next regularly established election date not less than 114 days from the call of the special election.” (Election Code Section 36512(b)(1)). The person elected at su ch special election will hold office for the unexpired term of the former incum bent. Based on Section 36512(b)(1) and the applicable provisions of th e Elections Code, the next established election date
available for such special election is Apr il 14, 2026. As information, the estimated cost, provide by the Registrar of Voters to conducting a special election for this date is $423,000.
2. Make an Appointment: The City Council may make an appointment to fill the vacancy, in which case the person appointed to fill the vacancy will hold office for the unexpired term of the former incumbent (December 2026).
a. Unless a given city has a written appoint ment procedure in place, it appears that an appointment could be made in any manner as the City Council might determine.
Victorville has no specific procedure or ordinance relating to filling vacancies in elected offices. Most cities accomplish this by adopting a resolution. Adoption of a resolution would require at least three (3) affirmative votes out of the four (4) remaining Council Members.
b. If interviews for the appointment of a new Council Member are conducted by the City Council, the Brown Act does not permit them to take place in closed session.
However, the City Council could create an ad hoc committee of no more than two Council Members and City staff to review applications received and make a recommendation to the City Council at an open and public meeting. City Staff will be available only, to facilitate the application process. The ad hoc committee would not be subject to the Brown Act and is allowed to conduct interviews of candidates for vacant positions. If the Council chooses this option, then staff could proceed with noticing to receive qualified applicants.
If the Council does not take action to call a special election or make an appointment within the 60-day timeframe, the seat remains vac ant until the next general election which is scheduled for November 3, 2026.
Staff remains available for any questions or comments you may have.
Prepared By:
Jennifer Thompson, City Clerk
Attachments:
A. Election Cost Estimate
Revision -
Clean Version
Item Number: {{item.number}}
City Council / Board of Directors
Written Communications
Meeting of: September 16, 2025
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Discussion and Possible Action to consider the options available relative to the resignation of Council Member Jones and the filling of the vacancy created by this resignation to include details on how to accomplish each option available
Recommendation:
Any action is at the discretion of the City Council.
Fiscal Impact:
Unknown at this time and dependent upon City Council action.
Background:
At the City Council meeting of September 2, 2025, it was moved by Mayor Becerra with majority approval to agendize an item for discussion and possible action to consider the options available relative to the resignation of Council Member Jones and the filling of the vacancy created by this resignation to include details on how to accomplish each option available.
Discussion:
Government Code Section 36512 provides two options for proceeding when a vacancy occurs on the City Council during the second half of an incumbent’s term. Within sixty (60) days of the date the office became vacant (no later than December 20, 2025 ) the City Council must take one of the following actions:
1. Call for a Special Election: The City Council may call a special election to fill the vacancy, which special election must occur at the “next regularly established election date not less than 114 days from the call of the special election.” ( Election Code Section 36512(b)(1)). The person elected at such special election will hold office for the unexpired term of the former incumbent. Based on Section 36512(b) (1) and the applicable provisions of the Elections Code, the next established election date
available for such special election is April 14, 2026. As information, the estimated cost, provide by the Registrar of Voters to conducting a special election for this date is $423,000.
2. Make an Appointment: The City Council may make an appointment to fill the vacancy, in which case the person appointed to fill the vacancy will hold office for the unexpired term of the former incumbent (December 2026).
a. Unless a given city has a written appointment procedure in place, it appears that an appointment could be made in any manner as the City Council might determine.
Victorville has no specific procedure or ordinance relating to filling vacancies in elected offices. Most cities accomplish this by adopting a resolution. Adoption of a resolution would require at least three ( 3) affirmative votes out of the four (4) remaining Council Members.
b. If interviews for the appointment of a new C ouncil Member are conducted by the City Council, the Brown Act does not permit them to take place in closed session.
However, the City Council could create an ad hoc committee of no more than two Council Members to review applications received and make a recommendation to the City Council at an open and public meeting. City Staff will be available only, to facilitate the application process. The ad hoc committee would not be subject to the Brown Act and is allowed to conduct interviews of candidates for vacant positions. If the Council chooses this option, then staff could proceed with noticing to receive qualified applicants.
Staff remains available for any questions or comments you may have.
Prepared By:
Jennifer Thompson, City Clerk
Attachments: A. Election Cost Estimate