CC - Item 7A - Council Member Alarcon Absense and Discussion of Options to Address Potential Vacancy with an Appointment and/or Special ElectionROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER
DATE: MAY 30, 2018
SUBJECT: COUNCIL MEMBER ALARCON ABSENCE AND DISCUSSION OF
OPTIONS TO ADDRESS POTENTIAL VACANCY WITH AN
APPOINTMENT AND/OR SPECIAL ELECTION
SUMMARY
The City Council will discuss Council Member Alarcon's excused absence and review options to
address potential vacancy with appointment and/or special election.
At the March 9, 2018, special meeting, the City Council approved a resolution extending the
excused absence of Council Member Alarcon from Council meetings until June 19, 2018.
California Government Code Section 36513 provides that the City Council may grant permission
to a Council Member to be absent from Council meetings for a period longer than 60 days, which
if unexcused, would result in their office becoming vacant.
In addition to excused absences, there are other options for the City Council to consider
regarding Council Member Alarcon's absence. Government Code Section 36512(b) sets forth the
procedures to address vacancies in elected city offices, in the event a vacancy occurs. The City
Council has two potential options to fill a vacancy: (1) make appointment/not make an
appointment and (2) call for an election. The City Council must take one of these two actions
"within 60 days from the commencement of the vacancy". The options available depend on
when the vacancy occurs or the Council may opt to continue extending Council Member
Alarcon's excused absence, provided Councilmember Alarcon does not decide to resign. Below
are options for discussion.
Option One — If Vacancy Occurs After Jules
• Fill a vacancy by appointment or choose not to fill the vacancy and call an election for
March 2020 within 60 days of vacancy.
ITEM NO. 7.A
City Council Meeting
May 30, 2018
Page 2 of 3
The City Council may decide to fill a vacancy by appointment per Government Code Sections
36502, 36512 or to leave the seat vacant until the next permissible election opportunity. If the
City Council decides to appoint a resident to fill a vacant seat, the City may undertake whatever
process it deems proper in order to make an appointment, provided that any appointment must
occur within 60 days from when the council seat becomes vacant.
When a vacancy occurs in the second half of a term of office, "the person appointed to fill the
vacancy shall hold office for the unexpired term of the former incumbent" (Government Code
Section 36512(b) (2) (B)). In this case, Council Member Alarcon is in the second half of his term
of office, so the person appointed by City Council would hold office for the remainder of
Council Member Alarcon's term, which expires in March 2020.
Ontion Two: If Vacancv Occurs before July 12th
Fill a vacancy by appointment or choose not to fill the vacancy and call a special election for
November 61h
If the vacancy occurs before July 12th a different set of options apply. The City Council would
need to call a special election to fill the vacant city council seat within 60 days of the vacancy.
(Elections Code Section 12001) Further, "[i]f the Council calls a special election, 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." (Government Code Section 36512(b) (1)).
In order to call for a special election on the next regular established election date not less than
114 days of the November 6, 2018, the City Council would have to adopt a resolution calling for
a special election no later than July 12tH. This means that the vacancy must occur prior to July
12th for the Council to take such action.
The Los Angeles County Registrar-Recorder/County Clerk provided a cost estimate of
$35,096.06 for a special consolidated municipal election on November 6, 2018.
The Council would also have the ability to appoint someone to fill the vacant seat until someone
is seated from the Special Election on November 6th. The timing on this option is very tight, as
currently Council Member Alarcon is excused until June 191h. It would still be another 60 days of
failing to attend Council meetings, before the seat by statute is deemed vacant, which would take
the City past July 12th. Resignation could also have an impact on this option depending on when
or if resignation is submitted.
STAFF RECOMMENDATION
It is recommended that the City Council discuss and provide direction to staff.
City Council Meeting
May 30, 2018
Page 3 of 3
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Reviewed By:
Ericka Hernandez, City Clerk Rachel Richman, City Attorney
Attachment A: Los Angeles County Registrar-Recorder/County Clerk Special Election Cost
Estimate for November 6, 2018
Attachment B: Copy of Government Code Section 36512
Attachment A
Los Angeles County Registrar-
Recorder/County Clerk - Election Cost
Estimate for November 6, 2018
Los Angeles County
Registrar-Recorder/County Clerk
VOTING & ELECTIONS % RECORDS COUNTY CLERK NEWSROOM , PUBLICATIONS JOBS CONTACT
'X-1 Election Billing Calculator
Go to Election Biding
Home
Select Estimate Type The estimated cost is based on the cost factors below. Any changes to the election cost factors will impact
-.- - -. the final costs for your jurisdiction.
Select Jurisdiction(s)
If you need cost estimates for other special elections or further assistance in using the cost estimate calculator,
Estimated Result please contact our Election Billing team at eiecronbiliing@rrcalecounty.gov.
CITY OF ROSEMEAD
CITY OF ROSEMEAD - At Large
Voter Count
Fee Breakdown
Estimated Cost
Registered Voters (RV)
19303
i$0.0088 1 *
G _.
Permanent Vote By Mall (PVBM)
8003
66
p11300
Processing Fees
t
$0.0088 0
Election Operations (fees (Rv Pvam))
I$1 9804 * 11300.
*
_
$22,378.52
I�
Vote By Mail Processing (fees *PVBM)
[$0.9889 8003
$7,914.17
�ampie natio£ r-rocessing anu rrrreurry reel
.. -._.. _.
i$0.0088 1 *
T
Offce(s)/Seat(s)(fees *No. of Offices *(RV-PVBM))
66
p11300
$9944
t
$0.0088 0
MeasufEs(s)(fees *No of Measures*(RV PVBM))
11300
t113002*0*
$5'00
$0.035$0.00
Measure Text (few *No of Te# Pages for all measures (RV PVBM))
11300
,._.— z� .....
Candidate Filing and Campaign Finance (fees No of Candidates)
$10771842
0 _
$0.00
TOTAL (without Election Preparation Cost)
_
$30,392.13
Election Preparation Cost (One time perjudsdiction) $4,703.93
City Of Rosemead Total $38.096.06
DISCLAIMER: Please note that calculating an estimate using the Election Cost Estimate Calculator is not consent or agreement to hold,
consolidate or provide support services for an election. Requests from jurisdictions for any election scenario must be received In the form
of an adopted resolution or other official document and considered by the Board of Supervisors and Registrar-Recorder/County Clerk at
the appropriate time. For more information, please contact the Election Information and Preparation Division at ecu@rrco lawuntygev.
Attachment A - Page 1 of 1
Attachment B
Government Code Sec. 36512
\R STATE OF GpFo.
d6NI AUTHENTICATED
4ie.FaUT c; TIFA,a'E'D
State of California
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.
(1) If the council calls a special election, 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 elected to fill a vacancy holds office for the unexpired term
of the former incumbent.
(2) If the council fills the vacancy by appointment, the person appointed to fill the
vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days
prior to the next general municipal election, the person appointed to fill the vacancy
shall hold office until the next general municipal election that is scheduled 130 or
more days after the date the council is notified of the vacancy, and thereafter until
the person who is elected at that election to fill the vacancy has been qualified. The
person elected to fill the vacancy shall hold office for the unexpired balance of the
term of office.
(B) If the vacancy occurs in the first half of a term of office, but less than 130 days
prior to the next general municipal election, or if the vacancy occurs in the second
half of a term of office, the person appointed to fill the vacancy shall hold 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.
Attachment B — Page 1 of 2
(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 to fill 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.
(Amended by Stats. 2015, Ch. 185, Sec. 1. (AB 952) Effective January 1, 2016.)
Attachment B — Page 2 of 2