Title
Council Discussion and Direction Regarding Process for Appointment to Fill District 1 City Council Vacancy per §250 of the City of San Leandro Charter
Staff report
SUMMARY AND RECOMMENDATIONS
The San Leandro City Charter requires the Council to fill a vacant Council seat within 60 days. If the Council fails to fill such vacancy within 60 days after its existence, the Council shall call a special election, at which the unexpired remainder of the term of such office shall be filled by the voters.
With an impending short-term (10 month) vacancy on the City Council, the expense and logistics of conducting a special election fill the vacancy is not recommended. Staff recommends that the Council discuss an appointment process and timeline, and direct staff to implement the process to fill the vacancy.
It is recommended that the City Council, take action:
1. By minute order, declare its intention to fill the upcoming District 1 Council vacancy by appointment and direct staff to provide public notice of the vacancy and the application process; and
2. By minute order, approve the process and timeline for filling the District 1 Council vacancy.
It is further recommended that the Council request that the Mayor appoint an ad hoc committee to develop questions for the applicant interviews.
BACKGROUND
District 1 Councilmember Reynes resigned from her office, effective December 31, 2023. §250 of the City of San Leandro Charter requires that a vacancy on the City Council be filled by appointment by the Council within 60 days of the existence of the vacancy and if not filled within that time frame, a special election shall be called to fill the seat for the unexpired term.
Analysis
In order to meet the 60-day timeframe required by the Charter, staff recommends that the Council approve an appointment process and timeline, similar to past Council appointment processes, so the application process can commence as soon as possible.
Eligibility and Application
Interested persons would be required to submit an application. To be considered for appointment, applicants must be registered voters residing in District 1 on the date of the appointment and for 30 days immediately preceding the appointment. After the close of the application period, copies of the applications would be forwarded to the Council.
Additional Criteria
The Council may also want to establish criteria beyond the basic qualifications, such as:
• Prior City Council, Board/Commission, or Committee participation
• Diversity
• Not a candidate for the elected office
Screening
If a large number of applications are received, the Council may wish to limit the number of applicants to be interviewed. To accomplish this, the Council would need to conduct a process at a public meeting to narrow the field of applicants to just those whom the Council wishes to interview. The applicants chosen to be interviewed would be invited to a subsequent public meeting.
Selection
After interviews have been conducted, the Council can choose to deliberate at the same meeting or reserve discussion, selection, and appointment to a special meeting.
Timeline
Staff proposes the following timeline:
January 2
Council approves appointment process and timeline;
Mayor appoints Council ad hoc committee to develop interview questions;
Council declares its intention to fill the upcoming District 1 Council vacancy by appointment;
Council directs staff to provide public notice of the impending District 1 vacancy and the application process.
January 3-5
Vacancy and application process advertised in the news media, on City website and posted at the Main Library.
January 3-February 2 APPLICATION PERIOD
Application form and instructions made available at the Office of the City Clerk and on the City website.
Filed applications reviewed by the City Clerk to determine if the applicant meets the minimum qualifications for office.
February 14 - February 20
Qualified applications forwarded to City Council for review in Council agenda packet. The application is a public document.
City Council conducts public interviews and could appoint a new District 1 Councilmember at the February 20 regular City Council meeting; or, at minimum, narrow down applicants to those they wish to interview and appoint at a subsequent special City Council meeting.
Appointed District 1 Councilmember serves until elected member is seated on Jan 1, 2025.
February 29 is the last day that the City Council can meet, if no applicant has yet been appointed, to appoint a councilmember. After February 29, the City Council must call a special election to fill the seat.
Current Agency Policies
Section 250 of the Charter of the City of San Leandro requires that a vacancy on the City Council be filled by appointment by the Council within 60 days of the existence of the vacancy. If the Council fails to fill such vacancy within 60 days after its existence, the Council shall call a special election, at which the unexpired remainder of the term of such office shall be filled by the voters.
Previous Actions
On June 29, 1998, by Minute Order No. 98-40, the City Council directed that the City Council District 2 vacancy be filled by appointment rather than by Special Election; and by Minute Order No. 98-41, the Council approved an application process which included a 200-word "candidate statement" form used for elections and directed the application period be open for two weeks.
On July 27, 1998, by Minute Order No. 98-42, the City Council appointed Surlene Grant to fill the vacant seat for City Council, District 2.
On June 4, 2001, by Minute Order No. 2001-53, the City Council approved a process to appoint and fill a vacancy on the City Council, District 1, and appointed a three-member ad hoc committee to review the applications and to make a recommendation to the City Council regarding the interview process, including the questions for each candidate.
On July 23, 2001, by Minute Order No. 2001-70, the City Council appointed Orval Badger to fill the vacant seat for City Council, District 1.
On December 18, 2006, by Minute Order No. 2006- 046, the City Council declared its intention to fill the District 6 Council vacancy by appointment and directed staff to provide public notice of the vacancy and application process; and by Minute Order No. 2006-047, the Council approved the process for filling the District 6 Council vacancy.
On February 13, 2007, by Minute Order No. 2007-012, the City Council appointed Jim Prola to fill the vacant seat for City Council, District 6.
Fiscal Impacts
Minimal costs are associated with staff time used to prepare and review applications.
ATTACHMENTS
Draft application-For Appointment to Fill Vacancy, San Leandro City Council District 1
PREPARED BY: Kelly B. Clancy, City Clerk