Pass: 26588 / 65.60% Yes votes ...... 13943 / 34.40% No votes

See Also: Index of all Propositions

Currently, the Council is required to fill an unanticipated vacancy by appointment within 30 days of the Council’s declaration of the vacancy. If a successor has already been elected to the seat, the Council must immediately appoint the successor to fill the vacancy for the remaining term. If there is no successor by election, the Council appoints a person, who then serves until the next City election, called for any reason, when a successor qualifies for the office. If the Council fails to fill a vacancy by appointment within 30 days, the Council must call a special election to fill the vacancy. The successful candidate for the office is entitled to hold office, subject to the usual causes for vacancy, for the remainder of the term. If there would be nine months or less remaining in the office’s term after election results would be determined and a successful candidate seated, the Council’s 30-day period for making an appointment is extended for the duration of the remaining term or the Council may allow the seat to remain vacant.

The proposed amendment states that if more than one year remains in the term following a vacancy, the Council has no ability to appoint and must call a special election to fill the vacancy. A successor must receive the majority of the votes cast to assume the vacant office. If there is no majority winner, a special run-off election must be held. If one year or less remains in the term, the Council may appoint a person to fill a vacancy within 45 days. The appointed office holder will be entitled to hold office for the remainder of the term. If the Council is unable to make an appointment within 45 days, the Council loses its power to fill the vacancy by appointment, and the seat will remain vacant.

City of Chula Vista

Section 303.C. Duty to Appoint; Duration of Appointed Replacee’s Term; When Special Election Required.

Except under the circumstances hereinabove provided in paragraph B, the City Council shall use its best efforts in good faith to fill such vacancy by appointment within thirty days of their declaration of the existence of the vacancy.

1. Mandatory Appointment of Elected Successor Required.

If, at the time the Council is called upon to declare the existence of a vacancy, a successor to the seat has already been determined by election, and the successor is awaiting the seating date to commence her or his term of office, the Council shall forthwith appoint such successor to the vacant seat for the remaining term.

2. No Appointment Made; Duty to Call Special Election.

In the event Council shall fail to fill a vacancy by appointment within thirty days after such office shall have been so declared vacant, or sooner, if impasse is reached sooner, it shall forthwith cause a special election to be held to fill such vacancy. The successful candidate elected at such a special election shall be entitled to hold office for the remainder of the nominal terms of office for such seat.

3. Appointment Made; Length of Service; Next Election.

In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until the next city election called for any reason including but not limited to general municipal elections, general municipal runoff elections, special elections otherwise called, special runoff elections otherwise called (assuming the Charter otherwise continues to require same), recall, referendum or initiative elections, and until a successor subsequently qualifies. In addition to such other matters that may be placed on such ballot, at the call of such subsequent election, the Council shall also place on the ballot thereof, the office to which the appointee has been appointed. Upon certification of the results of said special election, the successful candidate for such office shall be entitled to hold office, subject to the usual causes for vacancy, for the remainder of any unexpired nominal term of said office, and until a successor qualifies.

4. Minimal Remaining Term.

Notwithstanding any other requirement herein to the contrary for calling a special election to fill a vacancy, if, after the election results would be determined and the successful candidate seated, the remaining term of office would be nine months or less, the Council shall not call such special election. In such case, the Council shall comply with Section 303(C)(1) if a successor to the seat has already been determined by election. Otherwise, the Council’s power to appoint within 30 days of declaration of vacancy is hereby extended for the duration of such minimal remaining term until filled. The Council shall use good faith and best efforts to reach agreement on such an appointment until they have declared an impasse, after which they may allow the seat to remain vacant for the duration of such minimal remaining term.

TEXT OF PROPOSED AMENDMENT:

Section 303. C. Unanticipated Vacancies.

Except under the circumstances hereinabove provided in paragraph B, the City Council shall fill such vacancy by election or appointment as set forth herein.

1. If a vacancy is declared by the Council with one (1) year or less remaining in the term from the date of declaration, the Council shall within 45 days appoint a person to fill the vacant seat on the City Council.

In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration of the remaining Council or Mayoral term.

If the Council is unable to make an appointment, the Council’s power to appoint within 45 days of declaration of vacancy is hereby terminated for the duration of such minimal remaining term and the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. If the Council is unable to make an appointment during the allotted time, the Council’s power to appoint is terminated.

2. If a vacancy declared by the Council occurs with more than one (1) year remaining in the term from the date of said declaration, the Council shall call a special election to be held on the next established election date, as specified in the Elections Code of the State of California, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code.

a. If one candidate receives the majority of votes cast for all candidates in the special election, the candidate receiving the majority of votes cast shall be deemed to be and declared by the Council to be elected to the vacant office.

b. If no candidate receives a majority of votes cast in the special election, a special run-off election shall be held on the next established election date, as specified in the Elections Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days following the certification of the special election results, at which time the Council may consolidate the special run-off election with that election, as provided by the Elections Code. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat.