G.6 - Appointment of City Council Vacant SeatProcedure for Filling a
City Council Vacancy
January 11, 2022
Consideration of a Procedure to Fill a City
Council Vacancy
This staff report supports City Council Goal #5, “Engage in Proactive Communication” by allowing community input on potential procedures on filling City Council vacancies.
In 2021, the City Council approved a Future Agenda Item request from City Council Member Robles to consider the adoption of a policy to govern how the City Council will fill a vacancy on the City Council should a seat become vacant during the term of office.
Specifically, the policy would require the City Council to appoint the candidate who received the most votes at the most recent election (for which a City Council seat was on the ballot), but who was not elected to office.
State Law Requirements
Government Code Section 36512 governs the vacancy filling
process. Two options are available to the City Council:
1.Appoint someone to fill the vacancy; or
2.Call a special election to fill the vacancy.
Action must occur within 60 days of the vacancy.
Authority to Create Own Appointment
Process
There is no process to fill a vacancy under state law. The City Council has
authority to establish its own process to determine how a vacancy can be
filled by appointment with three state law restrictions:
1.The appointment must be made within 60 days of the commencement
of the vacancy.
2.The term of the appointee must be compliance with Government Code
Section 36512.
3.The appointee must otherwise be eligible for holding office, including
compliance with age and residency requirements.
Options for Consideration
The City Council has the discretion to adopt an appointment procedure it desires if the City Council chooses not to fill the seat by a special election.
Accept applications, conduct interviews, and appoint without any guidelines or selection criteria.
Appoint the next highest vote-getter from the last general municipal election.
Establish criteria to be considered for appointment, such as previous candidates for office and vote count, participation in the City, or other criteria as the City Council may desire.
Ideas for Implementation
Make requirements mandatory
Provide list of “things to consider” when considering who
to appoint
Implementation –Resolution or
Ordinance?
Whether by ordinance or resolution, the policy can always
be changed by future City Councils.
Resolution can be amended at any time without notice –
therefore greater flexibility.
If by ordinance, less flexibility due to two readings and
30-day waiting period before new ordinance takes effect.
60-day limit to make appointment may not work.
Questions?