2 Resolution Filling the Vacant Seat on the City Council by Appointment.

Meeting Date: June 09, 2015 Special City Council Meeting

Note from TheGardeningSnail. This page was produced by running a PDF Image File through a program that converts Image to Text. My apologies for any Textual Gremlins that may have crept in.

STAFF REPORT

AGENDA ITEM: Resolution Filling the Vacant Seat on the City Council by Appointment. MEETING DATE: June 9, 2015

PREPARED BY: Jose M. Sanchez, City Attorney

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RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Livingston filling the vacant seat on the City Council created by the resignation of former Council Member David Mendoza by appointment.

BACKGROUND:

On November 6, 2012, David Mendoza was elected to a seat on the Livingston City Council for a four (4) year term. Mr. Mendoza resigned from the City Council for personal reasons, effective April 30, 2015. The City Council accepted Council Member Mendoza’s resignation at a special meeting of the City Council on May 5, 2015.

California Government Code section 36512(b) sets forth the procedure for filling vacancies in an elective office and provides that the City Council shall, within sixty (60) days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The individual who fills the vacancy will serve out the remainder of Council Member Mendoza’s term, which expires in November, 2016.

DISCUSSION:

Under State law, the City Council must take certain action to fill the vacancy within sixty (60) days from the commencement of the vacancy. Accordingly, the City Council must take one (1) of the following actions by June 29, 2015.

1. Appoint a Successor.

The City Council may fill any vacant council seat by appointment. The City Council may appoint any individual, as long as that individual is eligible to hold office. A person is eligible to hold office as a council member only if he or she is eighteen (18) years of age or older, a resident of the City, and a registered voter. There are no specific procedures for selecting a candidate to appoint, and no formal application process or interview is required. The appointment of a new council member requires the vote of three (3) members of the City Council.

2. Call a Special Election.

The City Council may call a special election to fill the vacancy. Calling a special election requires the vote of three (3) members of the City Council. The special election would be held at the next regularly established election date, not less than 114 days from the date the City Council calls for the special election. Given the timing of Council Member Mendoza’s resignation, the only possible date for a special election would be November 3, 2015.

3. Make an Interim Appointment.

The City Council may also enact an ordinance that provides that an individual appointed to fill a vacancy on the City Council holds office only until the date of a special election. The ordinance must require a special election on an established election date, not less than 114 days from the date the City Council calls for the special election. Accordingly, if the City Council chooses this option, the appointed individual would serve on the City Council from the date of his or her appointment until the special election is held on November 3, 2015. The City Council can make the interim appointment as soon as the ordinance becomes effective.

No matter what method the City Council selects to fill the vacancy, the individual who fills the vacancy will serve out the remainder of Mr. Mendoza’s term, which expires in November 2016. The individual may run for re-election if he or she chooses.

If the City Council decides to call a special election to fill the vacancy, the City will be responsible for paying for the election (or a portion if it can be consolidated), the cost of which is unknown at this time.

CONCLUSION:

City Council to adopt this Resolution filling the vacant seat on the City Council created by the resignation of former Council Member David Mendoza by appointment.

FISCAL IMPACT:

There is no direct cost associated with the City Council appointing an individual to fill the vacancy. There is an unknown cost to the City, should the City Council decide to fill the vacancy by calling a special election.

ATTACHMENTS:

1. Resolution of the City Council filling the vacant seat on the City Council created by the resignation of former Council Member David Mendoza by appointment.

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