AR 080106 City Treasurer vacancy

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ITEM #13 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF AUGUST 1, 2006 TO: Honorable Mayor and City Council FROM: Carolina P. Barrera, City Clerk SUBJECT: Discussion and Possible Action Regarding Filling of City Treasurer Vacancy DATE: July 27, 2006 BACKGROUND: Effective August 3, 2006, City Treasurer Michael J. Williams will resign and vacate the position of elected City Treasurer. DISCUSSION/ANALYSIS: The City Council has the option of either filling the vacancy of City Treasurer by appointment or calling a special election. Within 30 days of the commencement of the vacancy in the office of elected City Treasurer, the City Council must either fill the vacancy by appointment or call a special election to fill the vacancy. If the City Council chooses to call a special election, it must be held at the City's next schedule election that is at least 114 days after the call of the election. The person elected to fill the vacancy holds office for the unexpired term of the former City Treasurer. The procedure for filling vacancies in an elective office is found in Government Code Section 36512, which provides, in pertinent part, as follows: "If a vacancy occurs in an elective office . . . the Council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointmen or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date 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." (Emphasis added) In the current situation, the vacancy in the office of City Treasurer commences on the date the City Treasurer, Michael J. Williams, officially retires from office, which will be August 3, 2006 The City Council has 30 days after that date to either appoint a person to the office of City Treasurer or to call a special election to fill the vacancy. Government Code Section 36512 gives the City Council complete discretion over whether to fill the vacancy by appointment or election. The ultimate decision is a policy decision to be made by a majority vote of the City Council. in this case, the City Council has until September 2, 2006 to make a decision. In the event the City Council decides to call a special election to fill the vacancy, the City Council would need to adopt a resolution calling the special election (See attachment). The special election must then be scheduled on the next regularly established election date that is not less than 114 days from