CITY COUNCIL AGENDA ITEM
Memo Date: August 21, 2024
Agenda Date: August 27, 2024
Prepared By: Tammy Gemmati, Administrative Services Director
Anthony A. Garganese, City Attorney
Through: Stockton Whitten, City Manager
Requested Action:
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Consider the appointment of Qualified Candidate Patricia Weeks to fill the vacancy and unexpired term of City Council District 3 Seat through November, 2024.End
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BACKGROUND:
At the July 23, 2024 City Council Meeting, a vacancy was declared via Resolution No. 2024-069 due to the resignation of Councilman Matthew Barringer. In recognition of the requirements under City Charter, Article III, Section 10 (a), that specify the timeframe required to fill the Council Seat vacancy and unexpired term through November, 2024, two options were provided to City Council.
City Charter, Article III, Section 10 (a) states that “A vacancy in a councilmember's office shall occur upon the death, resignation, removal from office as authorized by law, or forfeiture of office of the councilmember. In the event of such a vacancy, it shall be the duty of the remaining members, absent the councilmember that created the vacancy, at either of the next two regular meetings following the creation of such vacancy, to select a duly qualified citizen to fill said vacancy until the next general election; except that no such appointment shall be made during the period between any election and the time the newly elected councilmembers are seated. Appointment of such person shall be by the affirmative vote of three (3) councilmembers.”
City Council was provided two options of action they can take in order to fulfill the vacancy and unexpired term of City Council District 3 Seat through November, 2024. It was decided by City Council to go with Option #2:
(2) The City Council can take a more structured approach and require that a public notice be published in various places advising interested candidates to file an application for serving in the District 3 seat by 12:00 p.m., Friday, August 16, 2024. Candidate application packages that were timely submitted to the Office of the City Clerk will be reviewed to determine whether the person is qualified to serve in Seat 3.
The City Clerk’s Office received an application from candidate Patricia Weeks to be considered for the appointment. Her completed candidate application will be distributed to the City Council with the publication of this Agenda packet.
Based on information provided, Patricia Weeks, the candidate of interest, is deemed complete to serve as a City Council member in District 3. At this time, the City Council should deliberate and determine whether a majority of the City Council (3 votes) desire to appoint Patricia Weeks to fill Seat 3 pursuant to City Charter.
As such, the City Council has a “duty” to attempt to fill the vacancy, by majority vote of at least 3 of the remaining City Councilmembers. If a majority of the City Council cannot agree on a candidate appointment this evening, the seat will be vacant until the General Election in November.
Furthermore, the City held a separate qualification period for City Council District 3 Seat General Election which closed at noon on August 20, 2024. Ms. Weeks is unopposed and is deemed elected per City Charter for the November 5, 2024 general election. She will be sworn-in for the new 4-year term in November.
Application and backup information is attached.
STRATEGIC PLAN CONNECTION:
Community Outreach and Engagement
BUDGETARY IMPACT:
NA
PREVIOUS ACTION:
At the Regular City Council Meeting on July 23, 2024, City Council approved Resolution No. 2024-069 recognizing the resignation of Councilman Matthew Barringer and declared a vacancy in Seat 3 of the City Council. City Council approved option two to advertise for interested candidates to file an application for serving in the District 3 Seat.
RECOMMENDED MOTION:
Recommendation
Consider the appointment of Qualified Candidate Patricia Weeks to fill the vacancy and unexpired term of City Council District 3 Seat through November, 2024.