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HomeMy Public PortalAboutStaff Report - Council Vacancy First Staff Report_Final ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM DATE: April 28, 2020 TO: The Honorable City Council FROM: Gregory Murphy, City Attorney SUBJECT: Consideration of Options for Filling Vacant Council Seat RECOMMENDATION It is recommended that the City Council: 1. Discuss the two options for filling the City Council seat vacated by former Council Member Fish; and 2. Give staff direction on proceeding with one of the two options. BACKGROUND 1. On April 21, 2020, Council Member Nanette Fish submitted a letter stating that she was resigning immediately from her position on the City Council. 2. The resignation need not be accepted or otherwise acted upon by Council to be effective. By virtue of her resignation Nanette Fish is no longer a member of the Temple City, City Council. Pursuant to Section 505.C of the City Charter, Council Member Fish’s position is deemed vacant as of the date of the letter. 3. Council Member Fish’s position would have expired in March of 2024. Pursuant to Section 602 of the City Charter, any person appointed or specially elected will serve the entire remainder of this term (e.g. to March 2024). ANALYSIS Pursuant to Section 602 of the City Charter, the City Council is vested with authority to fill the vacancy by either appointment or election. Both options have time requirements imposed upon them, with the more significant time constraint being on appointment, which must occur within 30 days of Council Member Fish’s vacating the seat. City Council April 28, 2020 Page 2 If the Council does not act within 30 days to fill the seat, then an election must be held within 6 months. That timeframe would allow a special election to be consolidated with the regularly-scheduled Presidential election in November. The City Clerk has consulted with the County of Los Angeles and indicated that an election could cost in the range of $95,000. Neither state law nor the City’s Charter or Municipal Code provide any specific process or format the Council must follow, but there are a few mandatory parameters. 1. Appointment Must be Made Prior to May 2 1, 2020. To be effective any appointment that is to be made by the City Council must be completed within thirty (30) days of the resignation – May 21, 2020. If the appointment is not made by that date, then under the City Charter, the appointment process is deemed extinguished and the vacancy must then be filled by election by the qualified voters of the City. See Section 602 of the City Charter. The Council may hold regular and special meetings as are necessary for the Council to timely complete the appointment. Obviously this is a very short time period. The vacancy is filled when a motion to appoint a specific qualifying candidate is seconded and affirmed by a vote of at least three (3) Councilmembers, and ratified by adoption of a resolution. 2. The Appointee Must Meet the Requirements of City Charter Section 502. In order to fill the vacant City Council position, a nominee must meet each of the requirements set forth in Section 502 of the City Charter. These provisions are set forth below: A. Any such person shall be an elector, within the meaning of the constitution of the state; and B. Any such person shall have been a bona fide resident of the city for at least one year next preceding the date of the election at which he desires to be a candidate for such elective office; and C. A council member who has been elected or appointed to four 4-year terms whether consecutive or not, shall not be eligible to be a candidate for election to the office of council member again. A council member elected or appointed to serve two years or more of an unexpired term shall have that term counted as a "four-year term" for purposes of this section. A council member elected or appointed to serve less than two years of an unexpired term shall not have that term counted as a "four-year term." This section shall apply prospectively, meaning that it eliminates previous limitations on holding office and shall apply to council members elected or appointed to office on and after the effective date of this section. City Council April 28, 2020 Page 3 The Council, with the assistance of the City Clerk and City Attorney, would need to determine whether any nominees fulfilled these qualifications. 3. Other Qualifications of the Appointee. Other than the qualifications for elective office set forth in Section 502 of the City Charter, neither state law, the City Charter, nor the Municipal Code provide additional qualifications for the office of City Council person. However, the City Council would need to exercise its best judgment as elected representatives to select a nominee most appropriate for appointment. The Council may certainly consider such things as length of residency, education, background, life experiences, work experience, community involvement and similar measures. However, no single factor is determinative or necessarily entitled to more or less weight than any other factor. The Council must make its decision objectively and in the absence of prejudice and bias. Factors such as the race, color, creed, religion, gender, marital status, national origin, and ancestry may not be considered. The Council also may not consider age of a nominee, except to ensure the person is of voting age under California law. 4. Election. If the Council decides not to fill the position by appointment or if it is otherwise unable to fill the position by appointment, then the position must be filled by election and the Council would have six months (180 days) from May 21, 2020 to declare and hold an election. See City Charter section 602. The occurrence of a national Presidential election within that period of time would be an optimal time for a consolidated special election to fill the vacant Council seat. Were the City Council to schedule a special election concurrent with the November election, the nomination period for the election would be July 13 through August 7, meaning persons interested in running for the Council seat would have to submit their papers to the City Clerk during that time frame. CONCLUSION The City Council is asked to consider the foregoing and to give staff direction as to whether the Council desires to proceed with the appointment or election option for filling the vacant City Council seat. Upon selecting one of the two options, the Council will be presented with a brief overview of the steps necessary to carry that option through to a conclusion consistent with the City Charter and other applicable law. City Council April 28, 2020 Page 4 CITY STRATEGIC GOALS: Adoption of the proposed ordinance would align with the City’s strategic goal of good governance. FISCAL IMPACT : There is no immediate fiscal impact arising from the decision. A final estimate from the County of Los Angeles as to the cost for a consolidated election would be obtained prior to the City Council adopting resolutions calling that election if the Council were to choose that course of action.