REPORT TO COUNCIL
SUBJECT
Title
City Charter Options for Vacant Council Seat
Report
BACKGROUND
Former Councilmember Dominic Caserta resigned from office, effective May 15, 2018, thereby creating a Council Member vacancy in Seat 5 for the partial term ending November 2018. On May 15, the Council directed staff to provide options for filling the vacancy.
The following report provides options per the City Charter.
DISCUSSION
Measure Q, concerning filling vacancies, was on the ballot for Santa Clara voters on November 8, 2016 and passed by approximately 80%. The measure amended the Charter to provide that vacancies in any elective office of the City be filled by a four-fifths (4/5) vote of the City Council and to require that persons appointed to fill vacancies occurring in the first half of a term of office shall hold office until the next general municipal election.
Charter Section 703 Vacancies states:
A vacancy in any elective office of the City, including Mayor, City Council, Chief of Police Department, and City Clerk, from whatever cause arising, shall be filled by appointment by the City Council by a four-fifths (4/5) vote of the remaining members.
In the event the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such office shall have been declared vacant, it shall forthwith cause an election to be held to fill such vacancy. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall ...
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