G.11 Appointment of City Council Vacant Seat (PPT) - Part IIProcedure for Filling a
City Council Vacancy
February 8, 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.
On January 11, 2022, City Council discussed state law provisions regarding the
filling of a City Council seat by either a special election or appointment.
The City Council requested that I prepare draft guidelines to govern the
appointment process.
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.
Proposed Schedule to Appoint
Initial Meeting. Within 7 days of the commencement of the vacancy, a
regular or special meeting of the City Council shall be scheduled for the
purposes of filling the vacancy and to provide direction to staff on seeking
applications from candidates to fill the vacancy or to provide such other
direction as may be appropriate.
First Meeting –Interview Selection: Within 15 days of holding the Initial
Meeting, a regular or special meeting of the City Council shall be scheduled
so that the City Council may consider and select potential candidates to be
interviewed.
Proposed Schedule to Appoint
Second Meeting –Candidate Interviews: Within 15 days of the First Meeting,
a regular or special meeting of the City Council shall be scheduled so that the
City Council may interview potential candidates.
Third Meeting –Candidate Appointment: Within 15 days of the Second
Meeting, a regular or special meeting of the City Council shall be scheduled
so that the City Council may appoint an individual from the interviewed
candidates to fill the City Council vacancy.
Special Election: In the event that the City Council does not fill the vacancy
by appointment, then a regular or special meeting of the City Council shall be
called prior to the 60th day from the commencement of the vacancy.
Proposed Selection Guidelines
The individual’s availability to serve as a Council Member in light of other commitments, such as a job.
The individual’s knowledge and experience with current City issues and governance.
The individual’s level of community engagement, such as participation in community organizations.
The individual’s level of civic engagement, such as participation on City committees, commissions, and boards.
The individual’s goals and objectives if appointed as a City Council member.
Whether the individual sought a seat on the City Council at the last regular election and, if so, the number of votes the individual received.
Proposed Resolution
If acceptable, recommendation is to adopt the proposed resolution with the
attached Guidelines.
Council may modify the Guidelines at any time in the future.
The Guidelines are not intended to be restrictive, but only to provide
guidance and a process to help structure the appointment process so the City
has something in place rather than trying to figure out something on the spot.
Questions?