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SARATOGA CITY COUNCIL
MEETING DATE: May 19, 2010 AGENDA ITEM:
DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor DIRECTOR: Richard Taylor
SUBJECT: Filling City Council Vacancy
RECOMMENDED ACTION: Direct staff as to the Council’s preferred course of action to fill the
vacancy on the City Council.
REPORT SUMMARY:
State law provides that the City Council must act by June 11, 2010 to fill the City Council
vacancy created by Council member Nagpal’s passing. State law gives the Council two options:
1. Appoint an individual to complete Council member Nagpal’s term (that term runs until the
Council reorganization following the November 2012 election); or
2. Call a special election to elect an individual to complete Council member Nagpal’s term. The
special election would be held concurrently with the regular election November 2, 2010. The
election for Council member Nagpal’s seat would be separate from the election for the three
Council member terms expiring this year (i.e., a candidate would be able to run for either
Council member Nagpal’s seat with a term expiring in 2012 or one of the three seats with terms
expiring in 2014.)
If Council wishes to make an appointment per option 1, staff recommends that the Council direct staff to
solicit applications from individuals interested in filling the position. Staff would use the application
forms used for City Commissions. The Council could interview applicants at the June 2, 2010 Council
meeting or at a special meeting and make the appointment at that meeting or at any subsequent meeting
on or before June 11, 2010.
If Council wishes to call a special election staff would prepare the resolution and related materials
required for adoption by the Council at the June 2, 2010 Council meeting or at a special meeting on or
before June 11, 2010.
A third option would be for Council to solicit applications at this time but to defer a decision on whether
to make an appointment or call a special election until Council has had an opportunity to consider the
applications and conduct interviews. For this option staff would solicit applications and would prepare
the documents necessary for Council to have the option of calling a special election.
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DISCUSSION:
State law provides that a City Council vacancy occurs upon the death of the officeholder. (Government
Code §1770.) In the event of a vacancy, Government Code section 36512(b) provides that:
[T]he council shall, within 30 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.
This gives Council the two options discussed above. Under some circumstances alternative procedures
may be available but these do not appear to apply in this case. In this case the “next regularly established
election date not less than 114 days from the call of the special election” is the November 2, 2010
election. (See Elections Code ' 1000.)
FISCAL IMPACTS: Conducting the special election concurrently with the November election will
result in some added election administration costs. Staff will consult with the County elections officials
to obtain additional information regarding these costs before the Council meeting.
FOLLOW UP ACTION: Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made available on the
City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the
Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to
the agenda on-line by opting in at www.saratoga.ca.us.