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LAW OFFICES OF BEST BEST & KRIEGER LLP MEMORANDUM October 9, 2001 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY ATTORNEY RE: INFORMATION CONCERNING FILLING CITY COUNCIL VACANCY Council Member Donald Sanders vacated his position as a council member when he resigned from the City Council at the Council meeting held on October 2, 2001. The City must, within 30 days after the date of the vacancy, fill the vacant position by appointment or call a special election to fill the vacancy. We are providing you with this brief explanation of the procedures for filling city council vacancies now because, with the holiday season fast approaching, the City Clerk would need to take immediate action in the event you decide to pursue the option of filling the vacancy by appointment. Depending upon the direction given by the City Council, the City Clerk may need to immediately begin preparing applications and scheduling interviews for potential candidates. The procedure for filling city council vacancies 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 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" (Emphasis added) Government Code section 36512 gives the City Council complete discretion over whether to fill a vacancy by appointment or election. The ultimate decision is a policy decision to be made by a majority vote of the City Council. Should you decide to fill the vacancy by appointment, it is important to note that the appointment must occur within 30 days of the date that Council Member Sanders resigned, which was October 2, 2001. The appointment of a new council member would need to take place on or before November 1, 2001. In addition, we believe it may be necessary to point out another provision of RVPUB\NGS\620738