AGENDA REPORT
REQUEST FOR CITY COUNCIL ACTION
DATE: 10/11/2018
TO: Honorable Mayor and City Council Members
FROM: Management Services Department
SUBJECT:
Title
Discussion and possible action regarding the process (appointment or special election) by which to fill the vacancy created by Council Member Haley's resignation on October 4, 2018.
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RECOMMENDED ACTION:
Recommended action
Provide direction regarding the City Council vacancy created by the resignation of Councilman Dick Haley.
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ANALYSIS:
Councilman Dick Haley's was elected "At-Large" in 2016 to serve a 4-year term which was set to expire in November 2020. Unfortunately, Councilman Dick Haley tendered his resignation from the Corona City Council on October 4, 2018 and requested that the resignation be effective immediately. According to Government Code Section 1770, an elected office becomes vacant upon the resignation of the person holding such office.
Government Code Section 36512 states that when a vacancy occurs in an elected office the City Council must, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment of call for a special election. Accordingly, the statue requires the City Council to act by December 3, 2018.
As stated previously, per Government Code Section 36512, unless the City Council has adopted an ordinance to specify the process when a vacancy occurs in an elected office, the City Council must, within 60 days from commencement of the vacancy, either fill the vacancy by appointment or call a special election. The City of Corona does not have an ordinance in place that governs this process. In the absence of a specific ordinance dictating how vacancies on the Council will be filled, the statutory structure controls.
If City Council chooses to appoint a person to fill the vacancy, the process is at their discretion. Government Code 36512 does not mandate a process to fill a vacancy; however, the City Council decision...
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