HomeMy WebLinkAboutItem 7a. Process to fill a Council (Mayor) Vacancy Item 7a
Department: Administration
Cost Center: 1021
For Agenda of: 9/7/2021
Placement: Business
Estimated Time: 30 minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk and Megan Wilbanks, Deputy City Clerk
SUBJECT: PROCESS TO FILL A COUNCIL (MAYOR) VACANCY
RECOMMENDATION
Approve a process to fill the vacancy on City Council resulting from the resignation of
Mayor Heidi Harmon, effective at the end of business September 26, 2021.
REPORT IN BRIEF
Mayor Heidi Harmon announced on August 26, 2021, that her last day in office would be
September 26, 2021. The announcement creates a vacancy that must be filled by either
appointment or special election. This staff report provides the Charter and Council
Policies and Procedures requirements and some details about past practice.
Attachments include specific excerpts from the Charter and Council Policies and
Procedures Manual, and a draft application should Council elect to fill the vacancy via
appointment.
DISCUSSION
On August 26, 2021, Mayor Heidi Harmon announced her intention to resign her position
as Mayor effective at the end of business September 26, 2021. As a result, the Mayor’s
seat vacancy will exist on September 27, 2021.
City Authority
The City’s Charter and Council Policies and Procedures govern the process for filling City
Council vacancies.
Charter Section 406 states (Attachment A):
“… the Council by a majority vote of its remaining members shall appoint a qualified
person to fill the vacancy until the person elected to serve the remainder of the unexpired
term or new term takes office.”
“If the Council fails to fill the vacancy within thirty (30) days following its occurrence, it
shall call a special municipal election to fill the vacancy, to be held not sooner that ninety
(90) days or not later than one hundred and fifty (150) days following the occurrence of
the vacancy.”
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Section 3.3 of Council Policies and Procedures establishes a specific process for
conducting an appointment to the City Council, as follows: (Attachment B)
1. At least ten days before Council meets the first time to select a replacement
member for a vacancy, the City shall advertise the vacancy in a local newspaper.
2. The minimum qualifications for appointment are residency in the city at least 30
days prior to appointment and elector status at the time of appointment.
3. Each applicant shall submit a written statement of 500 words or less affirming the
amount of time available each week to devote to the Council; reasons for wanting
to be appointed; involvement in community affairs and organizations, especially in
the preceding 23-month period; personal qualifications for the position and prior
experience in government1, or areas associated with or doing business with
government.
4. Meetings to consider the selection of an applicant shall be open to the public.
5. Applications shall be given to the Council and be available to the public at least
four days before the opening of the meeting.
6. Members of the public may submit written comments regarding an application up
to 24-hours before the meeting begins.
7. At the meeting, each applicant is to be given five minutes to make a presentation
to Council and will be asked to verify their willingness to serve.
8. Thereafter, all discussion shall be confined to the Council except for questions
directed by the Council to staff or to members of the public.2
9. Upon conclusion of the discussion, Mayor/Vice Mayor shall open the floor to
nominations by the remaining Council Members
Details not specifically enumerated in the City Charter or Council Policies and Procedures
that the Council may wish to consider:
A. The format of an application is not set forth; therefore, staff suggests using the
Application for Appointment (Attachment C), which will provide a basic structure to
be followed by the applicants.
B. The application requests that the applicant attach a resume, as was requested in
the prior processes.
C. The City Clerk will review the applications for com pleteness and eligibility and
prepare copies for each Council Member. There is no direction regarding type of
coversheet desired by Council to be used in their review and deliberations of the
applications. The City Clerk offers the possibility of a spreadsheet with the names
of applicants running down the left side of the page and empty boxes to be used
by Council Members to write their own notes.
1 Such as working as a government affairs liaison or serving on committees, commissions, or other work in
government.
2 Public comment on the appointment should be accepted at any time prior to Council making nominations
and acting, in accordance with the Brown Act.
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D. While it is set forth that members of the public may submit written comments at
any time until 24-hours before the meeting, public comment on the appointment
should be accepted at any time prior to Council making nominations and taking
action, in accordance with the Brown Act.
E. Council may prescribe a set amount of time for public comment at the meeting if
there is a large applicant pool and Council wishes to manage the meeting time.
F. The Council Policies and Procedures do not specify the way Council is to narrow
the applicant pool to arrive at consensus, but staff’s review o f the records of past
appointments did identify a procedure that seemed to have been efficient and
effective. In previous processes, the Council followed a voting process as outlined
below.
G. Should the Council successfully nominate and appoint an applicant, the City Clerk
could immediately administer the Oath of Office to the newly appointed Council
Member.
Suggested Process
Proposed Timeline. The following table sets out a calendar of events for the proposed
appointment process. This calendar was created to afford potential applicants time to do
their due diligence, as well as maximize time the City Council has to consider the
applications received. This timeline can be modified to shorten some of the timeframes
such that the appointment could be made sooner and is at the discretion of the City
Council. Staff will be prepared to assist with mapping out alternative timelines should the
Council wish to consider other options.
Date Action
Tuesday, September 7, 2021 Council to adopt a process (i.e., appointment or
direction to call special election) to fill the unexpired
term.
Thursday, September 9, 2021 Publish Notice of Vacancy effective September 27,
2021, in Newspaper; post on City’s website
(slocity.org) and in the kiosk outside City Hall. Invite
eligible persons to complete and submit an
application for appointment.
Friday, September 10, 2021,
through September 24, 2021
Receive applications for appointment in the City
Clerk’s Office
Monday, September 27, 2021 City Clerk will verify residency and voter registration
requirements of applicants.
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Date Action
Tuesday, September 28, 2021 Publish City Council Agenda for October 5, 2021,
Regular Meeting, and post applications of validated
applicants. Applications will be available for public
review in the City Clerk’s office and on slocity.org.
Wednesday, September 29,
2021 through October 5, 2021
Council Members will individually evaluate the
applications and resumes. If a Council Member has a
question for one of the candidates, the question(s)
should be addressed to the individual applicant with
an understanding that each Council Member will
make a report at the public hearing about their
individual conversations with applicants.
Tuesday, October 5, 2021 Written public comments regarding applications to be
accepted in the City Clerk’s Office until 5:00 p.m.
Tuesday, October 5, 2021 If a candidate is appointed – the City Clerk will
administer the Oath of Office to the new Council
Member
Tuesday, October 12, 2021,
Tuesday October 19, 2021, or
Tuesday October 26, 2021
If no candidate is appointed on October 5, 2021, an
additional meeting(s) of the Council could be held
before Wednesday, October 27, 2021.
In no candidate is appointed by Wednesday, October
27, 2021, a Special Election would be triggered.
A special election will need to be held between 90
and 150 days of the vacancy (September 27, 2021).
(December 26, 2021 – February 24, 2022)
An election must be called 88 days before the date of
the election, therefore, the earliest the election could
be called if triggered by the September 27, 2021 date,
would be September 29, 2021 and as late as
November 28, 2021.
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Proposed process for the City Council Meeting on October 5, 2021.
The following steps are suggested in conducting the Regular Meeting on October 5, 2021,
should the Council determine to fill the vacancy via appointment. These steps are based
upon procedures followed during the previous appointment processes.
1. Council Members will be asked to disclose any ex-parte communications with
individual applicants including general explanation of the substance of any
communications.
2. Each candidate will make an oral presentation of no more than five minutes. There
will be no questions from Council Members of applicants, since there will have
been ample time for Council Members to have asked questions in the time
between the application deadline and the meeting.
3. Hear public comments at the meeting in accordance with the Brown Act.
4. After public testimony, the matter will be brought back to City Council for
deliberation.
5. Each Council Member will announce, and the City Clerk will record, a list of up to
three applicants that they can support, in alphabetical order.
a. If three (3) or more Council Members name the same applicant and only
one applicant received three (3) votes, the Mayor/Vice Mayor will call for a
motion to appoint that person.
b. If more than one applicant receives three (3) or more votes, these applicants
should be further discussed until an appointment is made (either via more
votes of a favored applicant from each Council Member or consensus from
deliberations).
c. If no candidate gets three (3) or more votes, the Council can expand the list
by engaging in additional rounds of listing applicants. Any applicants
identified in the first round would continue to be considered if there are two
or more straw votes in their favor.
d. At any time during the vote process a Council Member could change their
mind regarding an acceptable applicant and express support for any
applicant.
e. A Council Member can propose a motion in favor of any applicant at any
time.
6. If a candidate is appointed, the City Clerk shall administer the Oath of Office to the
new Council Member who would be seated immediately.
Policy Context
As indicated above the City’s Charter and Policies and Procedures outline the process
for Council appointments.
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Public Engagement
The notice of the vacancy was announced by the Mayor on August 26, 2021. A Notice of
Vacancy will be published no less than 10 days before the meeting where the Council will
consider the appointment if Council pursues this option. Members of the public can submit
public comment at any time prior to the meeting where the appointment will be
considered.
If a special election is preferred, staff will return prior to October 27, 2021, with a resolution
to call a special election and the projected costs to administe r a special election. A special
election is estimated to cost between $150,000-$200,000 in direct costs.
CONCURRENCE
The City Manager and City Attorney both concur with staff’s recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total
Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $150,000-$200,000 $ $
State
Federal
Fees
Other:
Total $ $ $ $
If the Council makes an appointment to fill this vacancy, there will be minimal fiscal
impacts. A special election, however, will result in an unbudgeted expense estimated to
be between $150,000-$200,000 that would need to be appropriated from unassigned fund
balance. This estimate does not include City staff time or additional assistance needed in
the City Clerk’s Office.
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ATTACHMENTS
A - Section 406. Vacancies of the San Luis Obispo Charter
B - Section 3.3.3 Appointment or Special Election from the Council Policies and
Procedures
C - Draft Application for Appointment
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Attachment A
From City Charter
SECTION 406. Vacancies.
An elective office becomes vacant when the incumbent thereof dies, resigns, is
removed from office under recall proceedings, is adjudged insane, convicted of a felony,
or of an offense involving a violation of the Mayor or Council Member' s official duties, or
ceases to be a resident of the City, or has been absent from the State without leave
granted by the City Council for more than sixty (60) consecutive days, or fails to attend
the meetings of the Council for a like period without being excused there from by said
body.
A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at
the next regular municipal election following not less than seventy- two (72) days upon
the occurrence of the vacancy, but the Council by a majority vote of its remaining
members shall appoint a qualified person to fill the vacancy until the person elected to
serve the remainder of the unexpired term or new term takes office. If the term st ill has
two ( 2) years until expiration at the time of the next regular municipal election, the
election to that seat shall be separated from the election for the other Council
candidates . If the Council fails to fill the vacancy within thirty (30) days following its
occurrence, it shall call a special municipal election to fill the vacancy, to be held not
sooner than ninety (90) days or not later than one hundred and fifty (150) days following
the occurrence of the vacancy. The election shall be governed by the provisions of
Article III.
A person elected to fill a Council vacancy for an unexpired te rm shall take office on the
first Tuesday following his election. Notwithstanding any other provisions of this Charter,
a minority of the members of the Council may fill vacancies on the Council by
appointment in the event that a majority of the Council seats becomes vacant.
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Attachment B
Portion of Council Policies and Procedures
3.3 FILLING COUNCIL VACANCIES
3.3.1 APPOINTMENT OR SPECIAL ELECTION
Per City Charter Section 406, the Council shall by a majority vote of the remaining
Council Members, appoint a replacement member to the Council within 30 days of
the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30)
days of its occurrence, it shall call a special municipal election to fill the vacancy, to
be held not sooner than ninety (90) days or not later than one hundred and fifty (150)
days following the occurrence of the vacancy.
3.3.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted, all phases of
the Council process to appoint a replacement member to a vacancy shall be
conducted in public.
3.3.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a replacement member
for a vacancy, the City shall advertise in a local newspaper of general circulation
describing the vacancy and term thereof, requesting applications from those persons
interested in being appointed. In the case of a vacancy due to a current Council
Member elected to the Mayor’s seat, the City Clerk may advertise the vacancy once
the County Registrar of Voters has certified the election results.
3.3.4 QUALIFICATIONS
Although the only two established minimum qualifications for appointment are (1)
residency in the City for at least 30 days prior to appointment, and (2) elector status
at the time of appointment (Charter § 403), each applicant shall submit a written
statement of 500 words or less covering at least the following areas:
3.3.4.1 The amount of time available each week to devote to the Council.
3.3.4.2 Reasons for wanting to be appointed.
3.3.4.3 Involvement in community affairs and organizations, especially in
the preceding 23-month period.
3.3.4.4 Personal qualifications for the position.
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3.3.4.5 Prior experience in government, or areas associated with or doing
business with government.
3.3.5 PUBLIC MEETING
3.3.5.1 At a time(s) selected by the Council, a meeting open to the public
shall be held by the Council to consider the selection of an applicant
to fill the vacancy.
3.3.5.2 The applications shall be given to the Council and be available to the
public at least four days before the opening of the meeting.
3.3.5.3 Members of the public may submit written comments regarding an
application at any time up to 24 hours before the meeting begins.
3.3.5.4 At the meeting, each applicant wishing to serve should be present
to verify that he/she would be willing to serve if appointed, and that
he/she is a resident of the City. Each candidate will be given five
minutes to make a presentation to Council.
3.3.5.5 Thereafter, all discussion shall be confined to the Council except for
questions directed by the Council to staff or to members of the public.
3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the
floor to nominations by the remaining Council Members. All
nominations, seconding, and voting shall be done audibly in public.
3.3.5.7 If Council is unable to reach consensus on the appointment and
further consideration is required, Council may adjourn the initial
meeting to a subsequent meeting within 30 days of the occurrence
of the vacancy to attempt to reach a decision.
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Application for Appointment
to City Council
Position: Mayor/City Council Member
Name: ___________________________________________________________
Residence Address: ____________________________________________________
Eligibility: Section 403 of the City Charter stipulates the following eligibility for office:
No person shall be eligible for election to, or to hold, the office of Mayor or Council Member of said
City unless said person is and shall have been a resident t hereof, or of territory legally annexed
thereto, on or prior to the date of such election or appointment, for at least thirty (30) days next
preceding said person’s election thereto or appointment to fill a vacancy therein and is an elector
thereof at the time of such election or appointment.
The Political Reform Act of 1974 stipulates that the appointed Council Member is required to file
a Form 700 – Statement of Economic Interest.
To Apply:
Section 3.3.4 of the Council Policies and Procedures Manual states that each applicant shall
submit a written statement of 500 words or less covering at least the following areas:
1. The amount of time available each week to devote to the Council.
2. Reasons for wanting to be appointed.
3. Involvement in community affairs and organizations, especially in the preceding 23-month
period.
4. Personal qualifications for the position.
5. Prior experience in government, or areas associated with or doing business with
government1.
Complete this page and attach it to the front of your su bmission of a written statement and resume.
I have read and herby certify that I meet the eligibility criteria for appointment stipulated under the
above City Charter Section 403 and will comply with all reporting requirements.
_________________________ _____________________
Signature Date
IN THE EVENT THAT THE MAYOR POSITION IS FILLED BY A SEATED
COUNCIL MEMBER, ARE YOU INTERESTED IN A COUNCIL SEAT?
APPLICATIONS SHOULD BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 990 PALM STREET, SAN
LUIS OBISPO, CALIFORNIA NO LATER THAN 5:00 PM ON SEPTEMBER 24, 2021.
THE CITY COUNCIL WILL HOLD A PUBLIC MEETING ON OCTOBER 5, 2021, AT 6:00 PM TO CONSIDER THE
SELECTION OF AN APPLICANT TO FILL THE VACANCY. EACH CANDIDATE WILL BE GIVEN FIVE MINUTES
TO MAKE A PRESENTATION TO COUNCIL.
1 Such as working as a government affairs liaison or serving on committees, commissions, or other work in
government.
Yes ____
No ____
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Process to Fill a Council (Mayor) VacancyRecommendation:Approve a process to fill the vacancy on City Council resulting from the resignation of Mayor Heidi Harmon, effective September 26, 2021
Charter Section 406Governs filling the vacancy and states:“… the Council by a majority vote of its remaining members shall appoint a qualified person to fill the vacancy…”“…If the Council fails to fill the vacancy within thirty (30) days following its occurrence, it shall call a special municipal election to fill the vacancy, it shall call a special election to be held no sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy.”
Council Policies & ProceduresEstablishes a process for conducting the appointment3.3.1 – Appointment or Special Election3.3.2 – Public Appointment – All phases of process shall be in public.3.3.3 – Advertise for Applicants – 10 days prior to 1stmeeting to appoint a replacement a notice shall be published in a local newspaper requesting applications
Council Policies & Procedures Establishes a process for conducting the appointment3.3.4 – QualificationsResidency at least 30 days prior to appointmentRegistered voter in San Luis ObispoSubmit written statement of 500 words or less as part of applicationAmount of time available to devote to CouncilReason for wanting appointmentInvolvement in community in preceding 23-month periodPrior experience in government or areas associated with doing business with government
Council Policies & Procedures Establishes a process for conducting the appointment3.3.5 – Public MeetingMeeting open to publicApplications given to Council and available to public at least four (4) days prior to meetingPublic may submit written comments up to 24 hours before the meeting Applicant given 5 minutes to make presentation to Council.Nominations will be taken from Council Members. All nominations, seconding and voting, shall be done in public.If Council unable to reach consensus, meeting may adjourn to subsequent meeting within 30 days of vacancy to attempt to reach a decision. (October 27, 2021)
Process for AppointmentDateActionEnd to End Consolidated09-07-2021 09-07-2021Adopt process to appointment or call special election09-09-202109-09-2021Notice of Vacancy published, inviting eligible persons to apply for appointment to Mayor and/or Council Member09-24-2021 09-24-2021 Application deadline by 5:00 PM in person or emailed. No postmarks09/28/2021 09/28/2021Council receives applications, and applications posted online. 09-29-2021 thru 10-05-202109-29-2021 thru 10-05-2021Council individually evaluate the applications and resumes.
Process for AppointmentDateActionEnd to End Consolidated10-05-2021 10-05-2021Council considers appointment for Mayor. Appointment made. Clerk administers Oath.10-05-2021Council considers appointment to vacant Council Member seat. Appointment made. Clerk administers Oath.10-07-2021Process would start over, with Council Member appointment on October 19 or November 2 No candidate is appointed additional meeting(s) held before Wednesday, October 27, 2021.Final day Wednesday, October 27, 2021Special election held within 90 and 150 days of the vacancy (December 26 - February 24, 2022)
Process for October 5thmeeting1.Each applicant provided up to 5 minutes to make a presentation2.Public comment3.Council deliberation and voting:a.Each Council nominates 3 applicants and Clerk will tally the nominations live.b.If any applicant receives 3 or more nominations, a motion to appoint that person should be made.c.If more than one applicant received 3 or more votes, those applicants should be further discussed.d.If no applicant gets 3 or more votes, the Council can expand the list by engaging in additional rounds of listing applicants.e.A Council Member can propose a motion in favor of any applicant at any time. If an applicant is appointed, the City Clerk will administer the Oath of Office and appointment would be effective immediately.
Timeline for Special ElectionIf no applicant is selected by Wednesday, October 27, 2021, a special election would be triggered.Special Election would need to be held between 90 and 150 days of vacancy. (December 26, 2021 – February 24, 2022)Estimated cost for a special election is $150,000 - $200,000 not including staff time.
Process to Fill a Council (Mayor) VacancyRecommendation:Approve a process to fill the vacancy on City Council resulting from the resignation of Mayor Heidi Harmon, effective September 26, 2021