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CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF MARCH 7, 2000 TO: HONORABLE MAYOR PRO TEM & CITY COUNCIL FROM: CITY ATTORNEY APPROVED: HENRY T. GARCIA, CITY MANAGE \.i SUBJECT: FILLING OF MAYORAL VACANCY DATE: MARCH 7, 2000 BACKGROUND Mr. Gaytan resigned as Mayor effective February 15, 2000. Government Code Section 34902 outlines the authority and process for the City Council to fill a vacancy in the office of an elected Mayor. It provides, in relevant part, as follows: "In the case of a vacancy in the office of the [elected] mayor for any reason, the council shall fill the vacancy by appointment. If the council fails to fill it within 30 days, it shall call an election to fill the vacancy to be held on the neat established election date to be held not less than 114 days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent." DISCUSSION At your February 22, 2000 meeting, you directed staff to prepare the necessary resolutions to consider calling a special election to fill the mayoral vacancy created by Mr. Gaytan's resignation of February 15, 2000. To this end, the City Clerk has prepared the two enclosed resolutions for your consideration. The first resolution calls the special election to fill the unexpired term of the elected position of Mayor. The second resolution requests the County to conduct the election for the City. You had also requested staff to determine the soonest possible time for holding the special election. We have been informed by the County Registrar of Voters, that the special election to fill the Mayoral vacancy cannot be held until the next established election date, which is November 7, 2000. Therefore, the attached resolutions set November 7, 2000 as the date for the special election. Since Mr. Gaytan resigned as Mayor on February 15, 2000, the deadline for making an appointment to fill the vacancy is March 16, 2000. Therefore, the Council is still within its statutory authority to make an appointment to fill the vacancy. Your action at the February 22, 2000 meeting does not prohibit you from considering an appointment, since your action simply directed staff to prepare the resolutions necessary to call an election on the earliest possible date. After March 16, 2000, you will be required to adopt the enclosed resolutions to fill the vacancy by election. I Item #20