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LAW OFFICES OF BEST BEST & KRIEGER LLP Section 36512, which states, in pertinent part, that "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." (Gov. Code' 36512, sub. (d)(1).) Although the City Council currently has two appointed members (Mayor Bennett and Council Member Ramos) and a vacancy in District 5, we do not believe an appointment to fill the District 1 vacancy left by Council Member Sanders would trigger the provision in subdivision (d)(1) of Government Code section 36512. An appointment to District 1 would provide a sixth Council Member, but only a third appointed member, which would not constitute a majority of members on the City Council. Therefore, we believe you may fill the District 1 vacancy by appointment if you so choose. On the other hand, if you decide to call a special election to fill the vacancy, you would need to adopt a resolution calling a special election on or before November 1, 2001. Since the November 1 st deadline is drawing near, we have attached a draft resolution for your consideration. Elections Code section 1000 defines established election dates as (1) the second Tuesday of April in each even -numbered year; (2) the first Tuesday after the first Monday in March of each odd -numbered year; (3) the first Tuesday in March in each even -numbered year; (4) the first Tuesday after the first Monday in June of each odd -numbered year; and (5) the first Tuesday after the first Monday in November of each year. According to Government Code section 36512, the special election must be scheduled for a date at least 114 days after the call of the special election. Therefore, the next regularly established election date that would be at least 114 days from the call of the election would be March 5, 2002. The person appointed or elected to fill the vacancy will hold office for Council Member Sander's unexpired term. SONIA CARVALHO JAMIE L. RAYMOND Attachment cc: Daryl Parrish, City Manager RVPUB\NGS\620738 _2_