HomeMy WebLinkAbout08/18/1998, 1 - PROCESS FOR FILLING COUNCIL VACANCY 1
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j agenda REpoRt �' i
CITY OF SAN LUIS OBISPO
FROM:.. Ken.Hampian,Assistant City A inistrative Officer
PREPARED BY: Kim Condon,Acting City Cle
SUBJECT: PROCESS FOR FILLING COUNCIL VACANCY
CAO RECOMMENDATION: Direct the City Clerk to advertise for applicants to fill this
vacancy, and set a public hearing for Tuesday, September 8, 1998 to consider candidates for
appointment.
DISCUSSION
Situation
On July 23, 1998,Vice Mayor Kathy Smith sent a letter to the Mayor and City Council announcing
that she would be resigning from the City Council effective August 31, 1998 (Exhibit "A"). Ms.
Smith was first appointed to fill an unexpired term on December 13, 1994. In November, 1996, she
was elected to a four year term expiring on December 1,2000.
Background
Section 406 of the City Charter (Exhibit `B") states that when a vacancy occurs, the remaining
Council, by a majority vote, must appoint a replacement member within 30 days of the occurrence of
the vacancy, or, if an appointment cannot be made, set a date to hold a special election. A special
election must be held not sooner than 90 days or later than 150 days following the occurrence of the
vacancy. In this case, the election could occur no sooner than December 1, 1998, and no later than
January 28, 1999.
Section 3.3 of Council Policies & Procedures (Exhibit "C") outlines a specific process for
conducting an appointment to the City Council. The City Clerk must place a legal notice advertising
the vacancy at least 10 days prior to holding a meeting to select a replacement member. The
minimum qualifications for appointment is residency in the City at least 30 days prior to
appointment and elector status at the time of appointment. Each applicant is encouraged to submit a
200 word statement of qualifications stating reasons for wanting the appointment, personal
qualifications, community involvement, prior experience in government or associated areas, and the
amount of time he/she has available each week to devote to Council. Resumes may be submitted
with the statement if the applicant desires.
It is recommended that Council set the date of Tuesday, September 8, 1998 to hold a meeting to
consider the selection of applicants. Individuals may submit written statements of qualifications to
the City Clerk between 8:00 a.m., Monday, August 24 and Friday, August 28, 1998 at 5:00 p.m.
These statements would be made available to the Council and public on Monday,August 31, 1998.
Cometh Awa Report—Cemeil Vacancy
Par_.
Members of the public may also submit written comments at any time before the meeting.
During the September 8 meeting,each applicant wishing to serve will be given five minutes to make
a presentation to Council and will be asked to verify their willingness to serve. After all speakers
have concluded, the Mayor will return discussion to the Council for further consideration. Each
Council Member will be given a transparency with the names of all the applicants and asked to circle
their top choices. These transparencies will then be put on the overhead in full public view while the
City Clerk tallies the results. The names of those who receive at least three votes will then be put
into nomination. This process was successfully employed when filling the Council vacancy in
December, 1994,resulting in the unanimous appointment of Kathy Smith.
If no person is appointed, the Council may continue this item from time to time in an attempt to
reach a decision no later than September 30, 1998, 30 days following Ms. Smith's resignation. If the
Council fails to make an appointment by that date, a gpecial election must be called.
CONCURRENCES
The City Administrative Officer and City Attorney both concur with this recommendation.
FISCAL RAFACT
If the Council makes an appointment to fill this vacancy, the fiscal impact would be minimal.
However, a special election, whether conducted for the City by the County Elections Division or an
election contractor, is estimated to cost from $65,000 to $75,000.
ATTACHMENTS
Exhibit"A"-Letter from Kathy Smith,July 23, 1998
Exhibit`B"-City Charter, Section 406
Exhibit"C"-Council Policies& Procedures, Section 3.3
July 23, 1998
EXHIBIT "A"
Mayor Allen Settle
City of San Luis'Obispo
990 Palm Street
San Luis Obispo, CA 93401
Dear Allen,
It is with mixed emotions that I submit my resignation as Vice Mayor/Council Member
for the City of San Luis Obispo,effective August 31, 1998.
As noted in an attachment,I have accepted an opportunity to become Executive Director
for The Literacy Initiative, an umbrella non-profit working with 30 Literacy programs in
the Columbus, Ohio area
It has been a great honor to serve on this San Luis Obispo City Council. I know we have
set a new tone for respect for individual differences.as well as a commitment to respect
City Staff and any resident who chooses to express opinions in Council Chambers. I am
sincerely proud to have served with such professional, elected officials.
Our fivesome has done much to enhance the "quality of life" in SLO. In addition to
investing in landmark Open Space purchases, we have laid groundwork for the Airport
Area Annexation, long-term water resources and significant efforts such as the
Neighborhood Enhancement Ordinance,Prado Day Center and Community Development
Block Grant Funding for the Aids Support Network.
I am particularly proud of the creation of the Economic Development and Natural
Resource manager programs, the revitalization of Public Art projects, Chinese and
Railroad historic preservation initiatives, the `recycled" Angels' seats now at Sinsheimer
Stadium and our thoughtful decisions on industrial, residential and commercial
development projects.
It is difficult to exit. I feel I have been a bridge builder and have added balance and
objectivity in decision-making. I will miss the challenges of Council, working with such
a competent City staff and—most of all—each person individually.
Sincerely,
KatVYor/City
Vicuncil Member cc: Council&City Staff
With Enclosure
/-3
EXHIBIT "B"
SECTION 405. Limitation of Terms.
Neither the Mayor nor any member of the Council shall save in the same office for more than
eight (8)Years in succession; provided, however, that any time in office resulting from a partial term
which is less tbim 01ne-1121f,04).the length of the full term for that office, shall not be considered.
(Amended November 5, 1995-Measure
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 C uncilmember'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 6&to attend the meetings of the Council for alike period without being excused
therefrom 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
team takes office. If the team still 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 fads 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 M.
A person elected to fill a Council vacancy for an unexpired team 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. (Amended November 5, 1996-Measure
SECTION 407. Mayor-Powers and Duties.
The Mayor shall preside at all meetings of the City Council and perform such other duties
consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall
be entitled to,and must vote when present,but sball possess no veto power. As presiding officer of the
Council, the Mayor will & hfully communicate the will of the Council majority to the Administrative
Officer in matters of policy.
The Mayor shall present an annual work program to the Council for its consideration at the
first mfg m May. The Mayor shall have the responsibility for forwarding the work program
approved by the Council
The Mayor shall be recognized as the official head of the City for all ceremonial purposes and
Mayor shall shall be Chairperson of the Disaster Council during an emergency.
The Mayor shall exercise such other'powers and perform such other duties as may be
presc�ed by law or ordinance or by resolution of the Council, except as limited by this Charter.
(Amended November 5, 1996-Measure"T".)
5
EXHIBIT "C"
CHAPTER THREE
COUNCIL POWERS&APPOINTMENTS
3.1 MAYOR-POWER AND DUTIES
The Mayor shall preside at'ull meetings of the City Council and perform such other duties
consistent with the office as may be imposed by the Council or by vote of the people. The Mayor
shall be entitled to, and must vote when present, but shall possess no veto power. As presiding
officer of the Council, the Mayor will faithfully communicate the will of the Council majority to
the Administrative Officer in matters of policy. (Charter §407) _
The Mayor shall present an annual work program to the Council for its consideration at the first
meeting in May. The Mayor shall have the responsibility for forwarding the work program
approved by the Council. The Mayor should submit the annual work program at the beginning of
the budget process to allow incorporation into the Council goal-setting process. (Charter §407)
The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by
the Governor for military purposes. In time of public danger or calamity, the Mayor shall take
command of the public forces,maintain order,and enforce laws. (Charter §406)
The Mayor shall exercise such other powers and perform such other duties as may be prescribed by
law or ordinance or by resolution of the Council,except as limited by this Charter. (Charter §407)
3.2 APPOINTMENT OF VICE-MAYOR
The appointment of the Vice-Mayor shall be for a one-year term and is made on a rotational basis,
the appointment going to the next senior member. The Vice Mayor shall be appointed at the first
meeting in December. (Motion adopted 12/19/83 and 12/02/85.)
33 FILLING COUNCIL VACANCIES
33.1 APPOEVTMENT 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.
Council Policies&Procedures Page 15
332 PUBLIC APPOINTNIDVT
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.
333 ADVERTISE FOR APPLICANTS
At least ten days befoie 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
33.4 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 (City Charter § 403), each applicant shall be encouraged to submit written
statement of 200 words or less covering at least the following areas: (Res. 8377)
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, especiallyin the
preceding 23-month period.
3.3.4.4 Personal qualifications for the position.
3.3.45 Prior experience in government, or areas associated with or doing
business with government.
33.5 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.
Council Policies&Procedures Page 16
3.35.4 At the meeting each applicant wishing to serve should be present to verify
that they would be willing to serve, if appointed, and that they are
residents of the City. Each candidate will be given five minutes to make a
presentation to Council. (Res. 8377)
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.
335.6 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 no person is appointed,the Council may adjourn the meeting from time
to time to attempt to reach a decision at any time within 30 days of the
occurrence of the vacancy: (Res.4423)
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions and restrictions contained in this Charter and the delegation of power, if
any,to any person,officer,Board,or Commission,the Council shall have the power in the name of
the City, to do and perform all acts and things appropriate to a municipal corporation and the
general welfare of its inhabitants and which are not'specifically forbidden by the Constitution and
laws of the State of California, or which now or hereafter would be competent for this Charter to
specifically enumerate.
No enumeration or specific statement herein of any particular powers shall be held to be exclusive
of,or a limitation of,the foregoing general grant of powers. (Charter Section 501)
3.5 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in any
investigation or proceeding pending before the Council. The Council shall have the power and
authority to compel the attendance of witnesses, to examine them under oath and .compel the
production of evidence before it Subpoenas may be issued in the name of the City and be attested
by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as provided by the
general laws of the State. (Charter §507)
3.6 LEffFATIONS
No member of the Council shall be appointed to or serve as a voting member of any City
Board, Committee, or Authority, whether composed of citizen volunteers, City employees, or a
combination of both. This is not to be construed as prohibiting members of the Council from
serving on Committees or Subcommittees of the Council itself, or of agencies representing other
Council Policies&Procedures Page 17
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