HomeMy WebLinkAboutCouncil Policy No. 200-11- City Council Vacancies
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Filling City Council Policy No. 200-11
and Other Elected Effective Date: 11/03/04
Officials Unscheduled Revised 9/12/06
Vacancies Page No. 1 of 3
BACKGROUND
The City of Lake Elsinore does not currently have a policy regarding the filling of
vacancies on the City Council, nor has the City adopted an ordinance addressing such
matter as permitted under Government Code Section 36512.
PURPOSE
To define policies and procedures for the filling of a vacancy on the City Council.
POLICY
Definition Of Vacancy
The City Council shall determine that a vacancy has occurred in accordance with
definition afforded “vacancy” under California law, including, without limitation,
Government Code Section 1770. For example, California law states that a vacancy
occurs in the events of resignation, non-residence, military service, abandonment,
incompatible offices, acceptance of free transportation, criminal conviction and death.
Questions as to whether a vacancy has occurred shall be directed to the City Attorney.
Policies And Procedures
1. Appointment within thirty (30) days; Exception. In conformity with
California law, the City Council shall fill the unscheduled vacancy by
appointment within thirty (30) days of the occurrence of the vacancy.
Notwithstanding the foregoing, a vacancy occurring on or after July 1
of the last year of a member’s term shall not be filled by appointment;
but rather shall be filled by the general municipal election for that
Council seat.
2. Notice of unscheduled vacancy. Within five (5) days of the
occurrence of a vacancy in the City Council, a special vacancy notice
shall be posted published in a newspaper of general circulation, posted
on cable television public access channel and in the office of the City
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Filling City Council Policy No. 200-11
and Other Elected Page No. 2 of 3
Officials Unscheduled
Vacancies
Clerk, the Lake Elsinore Library, and in such other places as directed
by the City Council.
3. Application Period. The application period will run for a period of
two weeks from the date the notice of vacancy is posted. If there is
more than one concurrent vacancy, the application period may be
longer, but in no event for a period longer than twenty (20) days after
the occurrence of a vacancy. Applications shall be available from the
City Clerk’s office.
4. Submission of Application; List of Applicants. Applicants shall be
required to complete and return the application by the established
deadline. Applications sent by fax or email will not be accepted. The
City Clerk shall compile a list of applicants from the applications
received (the “List of Applicants”).
5. Appointment Committee. At the next regular meeting following the
occurrence of a vacancy, the City Council shall appoint two (2) City
Council Members to nominate an appointee from the List of
Applicants.
6. Evaluation of Applicants. The Appointment Committee members
shall evaluate the applications and may interview parties selected from
the List of Applicants. After consideration of the foregoing, the
Appointment Committee members shall select the candidate(s) for
nomination to the City Council.
7. Nominations. After the deadline of receipt of applications, the City
Clerk shall schedule the matter at a Council meeting. All applications
received will be submitted and made a part of the Council agenda
packet. The Appointment Committee’s selection/nomination shall be
conducted open to the public at the City Council meeting. A vote will
be called for each nomination. The applicant(s) receiving an
affirmative vote from a majority of the Council present shall be
appointed.
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Filling City Council Policy No. 200-11
and Other Elected Page No. 3 of 3
Officials Unscheduled
Vacancies
8. Term. The person so appointed shall serve until the expiration of the
predecessor’s term.
9. Councilmember Prohibition. No person serving as a Councilmember
during the occurrence of a vacancy on the City Council shall be
eligible for appointment to fill such vacancy.
10. Special Election. In the event no applications from eligible candidates
are received or the City Council otherwise fails to fill the vacancy by
appointment in accordance with this Policy the thirty (30) day period
required by California law, then the City Council shall on the 30th day
call for a special election.
HISTORY
Adopted by Minute Action 11/03/04
Amended by resolution No. 2006-152 9/12/06