HomeMy WebLinkAbout2019-11-01; Appointment Process to Fill City Council Vacancy in Light of Voter Petitions; Brewer, Celia AMemo ID# 2019126
November 1, 2019
To: MAYOR AND CITY COUNCIL
From: CITY ATTORNEY
{cityof
Carlsbad
Subj ect: APPOINTMENT PROCESS TO FILL CITY COUNCIL VACANCY IN LIGHT OF
VOTER PETITIONS
As the City Council is aware, the City Clerk's Office received voter petitions bearing more
than the minimum number of signatures necessary to require a special election to fill
the City Council District 1 vacancy. The San Diego County Registrar of Voters (Registrar)
has the petitions and is in the process of verifying their sufficiency.
The receipt of the voter petitions raises the question of whether the City Council may
continue with the appointment process approved at its October 22, 2019 meeting.
Carlsbad Municipal Code (CMC) section 2.04.030 contains three methods for filling a
City Council vacancy: (1) appointment by the City Council, (2) special election called by
the City Council, and (3) special election called after receipt of verified voter petitions.
Although the first two methods are mutually exclusive of one another, they are
independent of the third method.
Consequently, should the City Council be required to call a special election based on
voter petitions containing sufficient verified signatures, the City still has the discretion
to make an appointment should it choose to do so . An appointment would require three
votes and the person appointed would serve only until the date of the special election.
cc: City Manager
City Clerk
Very truly yours
Celia A. Brewer
CITY ATTORNEY
Clerk Services Manager
City Attorney
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax I
www.carlsbadca.gov