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03-31-2015 - DISCUSSION ITEM - Item for discussion.pdfCity of West Covina Memorandum AGENDA ITEM NO. 5 TO: Mayor and City Council FROM: Tom Mauk Interim City Manager BY: Rosalia A. Conde Assistant City Clerk DATE: March 17, 2015 SUBJECT: OPTIONS FOR FILLING VACANCY OF CITY COUNCIL SEAT BY APPOINTMENT OR BY CALLING FOR A SPECIAL ELECTION RECOMMENDATION: It is recommended that the City Council review the options set forth and either fill the vacancy of the City Council seat by appointment or fill the seat by conducting a special election. DISCUSSION: Due to Councilmember Steve Herfert's announcement of his retirement as a City Councilmember on February 28, 2015, the City Council must now address filling the vacant Council seat which is set to expire on November 3, 2015. Per California Government Code Section 36512(b)1 (Attachment A), the City Council has two options in addressing the vacancy. One option is to appoint a resident of the community, at least 18 years of age and a registered voter in West Covina. The second option is to call for a special election to fill the seat. State law allows for a 60-day period from the date of the vacancy in which the City Council may make an appointment or call for a special election. City Council must take action on or before Wednesday, April 29, 2015. The following are the requirements needed for each option: OPTION NO. 1 — FILL THE VACANCY BY APPOINTMENT There are no specific requirements established by law which dictate the process to be followed in order to fill a council seat vacancy by appointment. The law does not require applications nor the need to conduct interviews. However, it has been protocol by other cities filling such vacancies to allow time for qualified residents to submit an application or resume. Also, discussions regarding the process of filling a vacancy or the appointment of an individual must occur in open session. If Council were to choose the appointment option, an appointment could be done during any regularly scheduled meeting up to the Tuesday, April 21, 2015 regularly scheduled City Council meeting or during a special City Council meeting to take place before the April 29, 2015 60-day 1 There are no applicable provisions in the City's Municipal Code. deadline. The individual appointed would then serve as Councilmember for the remainder of the unexpired term of office ending November 3, 2015. OPTION NO. 2— CALL FOR A SPECIAL ELECTION AT THE NEXT REGULARLY ESTABLISHED ELECTION DATE If the City Council would choose to fill the vacancy through a special election, State law would require the Council to call the special election to be held on the next regularly established election date not less than 114 days from the April 29, 2015 deadline. A special election could not be held until August 21, 2015 or later. The City's next regularly established election date is scheduled for November 3, 2015 with Councilmember Herfert and Mayor Sykes Council seats up for re-election. If Council were to choose this option, a new Councilmember would be elected to fill Councilmember Herfert's seat during the November 3, 2015 election. The seat would otherwise remain vacant until the election results are certified if this option is selected. FISCAL IMPACT: There is no fiscal impact if the vacancy is filled by appointment to serve the remaining unexpired term. A projected estimate election cost consolidated with the Los Angeles County Election on November 3, 2015 can begin at $195,500.00 (actual November 5, 2013 election cost). Election costs vary by the number of agencies sharing costs of an election date. Rosalia A. Conde, CI44C Assistant City Clerk Attachment A: Government Code Section 36512 Attachment B: City of West Covina Application for Appointment to the West Covina City Council 2 ATTACHMENT A GOVERNMENT CODE SECTION 36512 36512. (a) If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. (b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. (c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance that does any of the following: (1) Requires that.a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition. (3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. (d) (1) Notwithstanding subdivision -(b) and Section 34902, an appointment shall not, be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. (3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. (e) (1) If the city council of a city that elects city council members by or from districts elects total a vacancy on the city council by appointment as a result of a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. A city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest. (2) If a city council member elects to cast a vote under this subdivision, the city council member shall be prohibited from the following actions for a period of two years after the appointment of a successor: (A) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. (B) Entering into a contract of any kind with the city or a city . vendor. (C) Accepting a position of employment with the city or a city vendor. (D) Applying for a permit that is subject to the approval of the city council. (3) This subdivision shall not apply to any city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election. ATTACHMENT B APPLICATION FOR APPOINTMENT TO THE WEST COVINA CITY COUNCIL The City Council is seeking applications from persons wishing to be considered for appointment to fill a vacancy on the West Covina City Council. The individual selected by the City Council will serve until November 3, 2015, the remainder of a vacant four-year term, created by the retirement of City Councilmember Steve Herfert. California law requires that any person seeking appointment must be at least 18 years of age, a registered voter in the City of West Covina and a resident of the City of West Covina. The City Council is requiring that any resident wishing to be considered for appointment submit the following to the West Covina City Clerk's Office, either in person or by U.S. mail, no later than 5 p.m., Thursday, April 9, 2015: 1. Letter of Interest describing applicant's background, education, job experience, a statement of applicant's reason for applying and any attributes the applicant believes are relevant to serving on the City Council and as a representative of the community. A separate resume may be submitted, but not in lieu of the Letter of Interest. 2. Completed Application making sure all requested information below is provided as requested. *Incomplete applications, applications submitted without a Letter of Interest attached, or documents submitted past the deadline of 5 p.m., Thursday, April 9, 2015 will not be accepted by the Assistant City Clerk or considered by the City Council. I hereby submit my name to be considered for appointment to the West Covina City Council: Full name of applicant Home Address Home phone Cell # Work # Email address Are you a registered voter in the City of West Covina? YES NO Employer (name/address) Page 1 of 3 ATTACHMENT B Occupation Why are you interested in serving as a West Covina City Councilmember? Education (include degrees, names of schools attended, professional or vocational licenses or certificates): List your current and past community involvement: Describe how you believe your occupation, education and experience have prepared you to fulfill the duties and responsibilities required of a City Council member? Additional information you wish the City Council to know/consider that has not been included in this application or Letter of Interest: The State Political Reform Act requires officeholders to disclose personal financial information and any interests which may be materially affected by their official action. The applicant appointed to serve in this position will be required to file a Statement of Economic Interest (Form 700) with the City Clerk's Office upon assuming office and annually thereafter. Do you agree to file all required forms in a timely manner as directed by law? YES NO I hereby certify that the foregoing information is correct to the best of my knowledge. I also understand that once this application and Letter of Interest is submitted to the City Clerk's Office, by California law, it becomes public information. Page 2 of 3 ATTACHMENT B Signature Date Page 3 of 3