(1)AR 121206 vacancy of District 3

Browse Search

If the Council chooses to hold a Special Election to fill the vacancy in District 3 and adopts the proposed resolution provided with this report, April 12, 2007 will be the 114th day after the adoption of the resolution. Accordingly, the Special Election could not be held sooner than June 5, 2007. Filling Vacancy by Appointment If the Council chooses to fill the vacancy by appointment, the person appointed will serve until the expiration of the existing term, which expires in November 2008. The appointed Councilmember would have the same rights and privileges as any other city council member. (Gov. Code §§ 1777 and 36512). The following restrictions apply to persons who may be appointed to fill a Councilmember vacancy. First, the person must be qualified to hold the office. In order to qualify in general law cities like Colton, State law requires that a City Councilmember must be an elector of the City and a registered voter of the City. (Gov. Code §36502.) Under Elections Code section 321, an "elector' is any person who is a United States citizen 18 years or age or older and a resident of an election precinct at least 15 days prior to an election. Also, under Colton Municipal Code section 2.02.070, to be eligible to represent a Colton City Council District, a person must reside in the geographical area making up the district and be registered to vote in that district. If the Council chooses today to fill the vacancy in District 3 by appointment, they will need to provide direction to staff. In any case, if the Council chooses to fill the vacancy by appointment, the appointment must be made no later than January 4, 2007. FISCAL IMPACT: Should the City Council decide to call a Special Election the estimated cost for a district election is $8,218 funds for which is not budgeted in the current fiscal year. If the Council decision is to conduct a special election, staff recommends that the cost of this election be included in the mid -year budget which will be presented to the Council at the second meeting in February. The account number that this expense will be budgeted in is 100-6010-6010-2401. No fiscal impact is anticipated if the City Council decides to fill the vacancy in District 3 by appointment. ENVIRONMENTAL IMPACT: None CONFLICT OF INTEREST: None RECOMMENDATION: Staff recommends that the City Council provide direction regarding the filling of the City Council vacancy in District 3. Attachment: Resolution REViEW TEAM ONLY City Attorney /s/ Finance Director: /s/ City, Manager: IS/ OTHER: 2