Item Number: 25
City Council / Board of Directors
Written Communications
Meeting of: November 4, 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. At the City Council meeting of September 16, 2025, the City Council considered this item, and it was moved by Council Member Gaudin with majority approval to delay the decision on this item to the November 4, 2025, meeting.
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 4 3
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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. Pursuant to Government Code Section 36512, unless a city has adopted an ordinance providing a written appointment procedure, it appears that an appointment could be made in any manner as the City Council might determine.
Victorville has not adopted an ordinance relating to filling vacancies in elected offices, however, the City Council Policy and Procedure Manual, Chapter 2, Section IV, Subsection D provides the following:
“Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.”
Most cities accomplish the appointment process to fill the vacancy by adopting a resolution. Adoption of a resolution making said appointment 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, as discussed above, 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. If the Council does not come to an agreement on the creation of the ad hoc committee, City 4 3
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Council Policy and Procedure Manual Chapter 9, Section II, Subsection B, 2 states the following:
“Ad Hoc Subcommittees. The Council or the Mayor may create ad hoc subcommittees. The Mayor has the discretion to make appointments to such ad hoc subcommittees or to allow a majority of the Council to vote on such appointments.”
This could constitute the developed process for appointment outlined above. 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