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Item No. 1.
| MEETING DATE: 01/10/2022 |
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| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Laurie Swindell, CMC, City Clerk |
| SUBJECT: | CONSIDER OPTIONS TO FILL A VACANT CITY COUNCIL SEAT |
RECOMMENDATION:
That the City Council provide direction to staff regarding a process to fill a vacant City Council seat.
DISCUSSION:
Due to the resignation of Councilmember Tim Shaw from the La Habra City Council on December 21, 2021, there exists a vacancy on the City Council. Pursuant to Government Code §36512(b), the City Council has 60 days to either:
- Fill the vacancy by calling a special election; or,
- Fill the vacancy by appointment.
The 60-day deadline is Saturday, February 19, 2022.
Option 1 – Hold a Special Election
If the City Council chooses to fill the vacancy by special election, Government Code §36512(b)(1) requires that the election be held “on the next regularly established election date not less than 114 days from the call of the special election.” A person elected to fill the vacancy would hold office for the remaining unexpired term of the former incumbent which, in this case, would be until December 18, 2024, when City Council reorganizes and newly elected City Councilmembers who successfully ran in the November 2024 general election would be sworn in to office.
If a special election is approved by City Council, it must be held on a regularly established election date[1] that is no sooner than 114 days from the date the election is called. The only eligible election date in 2022 that meets this requirement is Tuesday, June 7, 2022. Staff contacted the Orange County Registrar of Voters who indicated that the estimated cost to the City of La Habra for a stand-alone special election held on Tuesday, June 7, 2022, would be approximately $240,526 to $277,125.
Option 2 – Appoint an Eligible Resident
The City Council also has the option to fill the vacancy by appointment. The term of office for the appointee would only extend until “the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.”[2]
The next regularly scheduled General Municipal Election is Tuesday, November 8, 2022, which is more than 130 days from the date the City Council was notified of the vacancy (December 21, 2021). Any eligible person appointed by City Council to fill this vacancy will serve until December 19, 2022, at which time the reorganization of City Council will occur and the newly elected City Councilmember who successfully runs for this two-year seat in the November 2022 general election would be sworn in to office to fill this seat for the balance of its term, ending on December 18, 2024.
State law does not place restrictions on the City Council’s appointment process; however, staff recommends that the City Council either direct staff to develop an application and interview process similar to the approach the City Council uses for the appointment of City Commissioners, or make a direct appointment of any eligible resident. Either option requires approval of such appointment by at least three Councilmembers. Elections Code Section 201 titled "Eligibility to be elected or appointed" indicates that, unless otherwise specifically provided, no person is eligible to be elected or appointed to an elective office unless that person is a registered voter and otherwise qualified to vote for that office at the time that nomination papers are issued to the person or at the time of the person’s appointment.
There are only two regularly scheduled City Council meeting dates before the 60-day deadline to appoint occurs on Saturday, February 19, 2022; however, the City Council has the option to schedule additional Special City Council meetings as necessary during the 60-day time period to review applications and interview candidates, should City Council choose to do so.
Due to the abbreviated timeline allowed by law, staff recommends the following schedule should Council desire to undertake an application and interview process:
Option 1 – Hold a Special Election
If the City Council chooses to fill the vacancy by special election, Government Code §36512(b)(1) requires that the election be held “on the next regularly established election date not less than 114 days from the call of the special election.” A person elected to fill the vacancy would hold office for the remaining unexpired term of the former incumbent which, in this case, would be until December 18, 2024, when City Council reorganizes and newly elected City Councilmembers who successfully ran in the November 2024 general election would be sworn in to office.
If a special election is approved by City Council, it must be held on a regularly established election date[1] that is no sooner than 114 days from the date the election is called. The only eligible election date in 2022 that meets this requirement is Tuesday, June 7, 2022. Staff contacted the Orange County Registrar of Voters who indicated that the estimated cost to the City of La Habra for a stand-alone special election held on Tuesday, June 7, 2022, would be approximately $240,526 to $277,125.
Option 2 – Appoint an Eligible Resident
The City Council also has the option to fill the vacancy by appointment. The term of office for the appointee would only extend until “the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.”[2]
The next regularly scheduled General Municipal Election is Tuesday, November 8, 2022, which is more than 130 days from the date the City Council was notified of the vacancy (December 21, 2021). Any eligible person appointed by City Council to fill this vacancy will serve until December 19, 2022, at which time the reorganization of City Council will occur and the newly elected City Councilmember who successfully runs for this two-year seat in the November 2022 general election would be sworn in to office to fill this seat for the balance of its term, ending on December 18, 2024.
State law does not place restrictions on the City Council’s appointment process; however, staff recommends that the City Council either direct staff to develop an application and interview process similar to the approach the City Council uses for the appointment of City Commissioners, or make a direct appointment of any eligible resident. Either option requires approval of such appointment by at least three Councilmembers. Elections Code Section 201 titled "Eligibility to be elected or appointed" indicates that, unless otherwise specifically provided, no person is eligible to be elected or appointed to an elective office unless that person is a registered voter and otherwise qualified to vote for that office at the time that nomination papers are issued to the person or at the time of the person’s appointment.
There are only two regularly scheduled City Council meeting dates before the 60-day deadline to appoint occurs on Saturday, February 19, 2022; however, the City Council has the option to schedule additional Special City Council meetings as necessary during the 60-day time period to review applications and interview candidates, should City Council choose to do so.
Due to the abbreviated timeline allowed by law, staff recommends the following schedule should Council desire to undertake an application and interview process:
- January 10, 2022 – Announce and advertise the City Council’s intent to appoint a resident to fill the vacancy.
- January 11, 2022 to January 20, 2022 – Accept applications from interested residents.
- Wednesday, January 26, 2022 – Hold a Special Meeting to interview eligible applicants and potentially appoint an individual to City Council.
- Wednesday, February 2, 2022 – Hold a Special Meeting, if needed, to interview eligible applicants and potentially appoint an individual to City Council.
- Monday, February 7, 2022 - Hold the Regular Meeting to interview applicants, if needed, and appoint an individual to City Council, if an applicant has not already been appointed.
- Saturday, February 19, 2022 – Deadline to make an appointment or call for a special election.
In the event the City Council chooses to appoint an individual to the vacant City Council seat via an application and interview process, the City Clerk's office will update and modify the existing Citizen’s Board & Commission Application to become an application specific to the position of City Councilmember. Due to the short timeline for this process and the time necessary to conduct an undetermined number of interviews, staff recommends that the City Council consider establishing a limit on the number of applicants to be interviewed by providing each City Councilmember the opportunity to select three to four applicants to be interviewed, limiting the total number of interviews to 12 to 16 applicants. City Council could also consider establishing a pre-designated list of questions to ask each applicant to ensure consistency, as well as setting a total time limit per applicant and/or Councilmember for questions and answers.
Alternatively, City Council could elect to receive and review applications and appoint an eligible resident to the vacant City Council seat without conducting any interviews.
Another option available to the City Council is to choose not to go through an application and interview process at all, but rather, directly appoint an eligible resident to the vacant City Council seat.
Regardless of which appointment process the City Council decides to use to fill the vacant City Council seat, such appointment must occur at a regularly or specially scheduled City Council meeting prior to Saturday, February 19, 2022.
Once a new City Councilmember has been appointed or elected, City Council will then need to reappoint the following seats previously held by former City Councilmember Shaw:
Alternatively, City Council could elect to receive and review applications and appoint an eligible resident to the vacant City Council seat without conducting any interviews.
Another option available to the City Council is to choose not to go through an application and interview process at all, but rather, directly appoint an eligible resident to the vacant City Council seat.
Regardless of which appointment process the City Council decides to use to fill the vacant City Council seat, such appointment must occur at a regularly or specially scheduled City Council meeting prior to Saturday, February 19, 2022.
Once a new City Councilmember has been appointed or elected, City Council will then need to reappoint the following seats previously held by former City Councilmember Shaw:
- Chair of the La Habra Civic Improvement Authority; and,
- Member of the Internal Audit Committee
[1] Elec. Code § 1000: The established election dates are as follows:
(a) The first Tuesday after the first Monday in March of each even-numbered year that is evenly divisible by four.
(b) The first Tuesday after the first Monday in March of each odd-numbered year.
(c) The second Tuesday of April in each even-numbered year.
(d) The first Tuesday after the first Monday in June in each even-numbered year that is not evenly divisible by four.
(e) The first Tuesday after the first Monday in November of each year.
(a) The first Tuesday after the first Monday in March of each even-numbered year that is evenly divisible by four.
(b) The first Tuesday after the first Monday in March of each odd-numbered year.
(c) The second Tuesday of April in each even-numbered year.
(d) The first Tuesday after the first Monday in June in each even-numbered year that is not evenly divisible by four.
(e) The first Tuesday after the first Monday in November of each year.
[2] Because the vacancy occurred in the first half of Councilmember Shaw’s term, Gov. Code 36512(b)(2)(A) applies to limit the appointee’s term until the next regular municipal election.
FISCAL IMPACT/SOURCE OF FUNDING:
The cost of a stand-alone special election is estimated at $240,526 to $277,125. If the City Council desires to hold a special election to fill the vacant seat on City Council, it will be necessary to appropriate $277,125 from General Fund reserves for this expense.
Should the City Council choose to appoint an eligible resident to fill the vacant seat via an application and interview process, there will be nominal costs associated with advertising the vacancy and potentially some staff costs if Special Meetings are scheduled. Staff does not anticipate the need for any additional funding for these costs.
Should the City Council choose to appoint an eligible resident to fill the vacant seat via an application and interview process, there will be nominal costs associated with advertising the vacancy and potentially some staff costs if Special Meetings are scheduled. Staff does not anticipate the need for any additional funding for these costs.
GENERAL PLAN RELEVANCE:
ED 9.1 – Balanced Fiscal Practices