HomeMy WebLinkAbout1993-09-07; City Council; 12383; METHOD TO FILL VACANCIES IN ELECTED OFFICESf c. C'3y OF CARLSBAD - AGEWA BILL 6,. ,:.
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AB # m TITLE: METHOD TO FILL VACANCIES IN ELECTEL CITY ATTY OFFICES MTG. 9-7-93
DEPT. HD.
DEPT. CA CITY MGR.
RECOMMENDED ACTION:
If the Council concurs, your action is to introduce Ordinance
NO. n)S - sb
ITEM EXPLANATION
State law provides the method of filling vacancies in ele offices. This ordinance would be consistent with state law
council call a Special election in each such case. It w authorize the Council within 30 days to either fill a vacant
appointment or call a special election. A special election, if consolidated with a state general election, would cost in exces $100 , 000.
filling such VXanCieS and eliminate the requirement that
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FISCAL IMPACT
Not holding a special election will avoid an expenditun
$100,000 or more.
EXHIBITS
Ordinance No. Ms - 25b Exhibit A
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ORDINANCE NO. N.S- 2 5 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 2, CHAPTER 2.04 OF THE CARLSBAD MUNICIPAL CODE ~GARDING VACANCIES.
Council of the City of Carlsbad, California do
I: That Title 2 , Chapter 2.04 of the Carlsb
7 I/ Municipal Code is mended by the amendment of Section 2.04.030 \., 8
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\ read as follows:
acancies - Special election to fill after term of temporary amohtee. This section\is adopted pursuant to the authority
California Government Co e Section 36512. If a vacancy occurs an elected office provid for in Chapter 1 of Part 1 of Divisi
3 of the California Govern ent Code (Government Code Section 365 et seq.), the Council shal , within 30 days from the commencemE of the vacancy, either fill the vacancy by appointment or call
special election to fill the vacancy. The special election shz
be held on the next regular1 \ established election date not 16 than 90 days from the call f the special election. A pers appointed or elected to fill a vacancy holds office for t
unexpired term of the former in umbent."
EFFECTIVE DATE: This \ o ,dinance shall be effective thil
days after its adoption, and the City Clerk shall certify to t
adoption of this ordinance and caub it to be published at le;
once in the Carlsbad Sun within fift !A en days after its adoptiol
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INTRODUCED AND FIRST READ & a regular meeting of 1 \ 21
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Carlsbad City Council on the daA of
and thereafter
, 191
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0 0
PASSED AND ADOPTED at a regular meeting of the Ci
Council of the City of Carlsbad on the day of
1993, by the ollowing vote, to wit: \
AYES: \ \ NOES :
ABSENT :
APPROVED AS TO FORM / D LEGALITY
RONALD R. BALL, City \f Atto ney
ATTEST :
\ / CLAUDE A. LEWIS, Mayor
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ALETHA L. RAUTENKRANZ, City Clerk \ \ i
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EXHIBIT A
This section is adopted pursuant to the authority of
California Government Code Section 36512“ ~~~~~~~~
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League of Women Voters
North Coast San Diego County u
September 7, 1393
Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008
Dear Mayor and Council Members:
The League of Wornen Voters believes that dmcratic govemnent depends upon the informed and active participation of its citizens. Therefore we urge the city council to delay action on the proposal to change the method of filling council vacancies. In the past, a special election was required within 90 days to fill such vacancies. Tie proposed policy would allow a vacancy to be filled either by special election or by appointment by the council. This is a far-reaching change in policy and should not be adopted
without making mre information available and without a public hearing.
Several questions arise about the implementation of this policy and should be discussed by the council and the citizens. For example:
If the council decides to fill a vacancy by appointment, would there be an opportunity for public input?
On what basis would vacancies be filled?
If the council appoints someone who is unsatisfactory to a large number of citizens, would the citizens have any recourse other than a recall action?
What do other cities do in such a situation?
The League of Women Voters feels that this issue is very imortant and should
not be decided on the basis of the infomtion fwmish& in' this agenda
bill.
Sincerely, @ cold i%; :I &-
carol Masters, President
pE40 0~ ~a~~r~ ~O~WY AT 9/7/73 bcrNclc m€EYId& QL
A 8 *Id, 383.
P.O. Box 727, Cardiff-by-the-Sea, California 92007
e a 79-
9i-Y
September 9, 1993
TO: COUNCIL MEMBERS
FROM: Mayor Bud Lewis
COMMI?TEE ASSIGNMENT
Council Member' Julie Nygaard formerly represented the Council on the Child Care
Commission, but since that Commission has been disbanded, I have asked Council Member
Nygaard to accept responsibility for the new Housing Commission,
Please contact me if you wish to discuss this further.
Thank you.
Ud. L CLAUDE A. "BUD" LEWIS
Mayor
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cc: City Manager
City Clerk % @&&&e a/-
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