REPORT TO COUNCIL
SUBJECT
Title
Charter requirements upon vacancy in the elective office of Chief of Police
Report
BACKGROUND
This report intends to provide information to City Council about the process for vacancies, appointments, and elections as set forth in the City Charter and California Elections Code due to the Chief of Police's announcement of his resignation effective September 1, 2019 (Press Release and e-mail communication attached).
DISCUSSION
City of Santa Clara Charter - Vacancies & Elections
City Charter section 703 ("Vacancies") requires that any vacancy in an elective office of the City, including Mayor, City Council, Chief of Police, and City Clerk, from whatever cause arising, be filled by appointment by the City Council by a four-fifths vote. Accordingly, a vote of six of the seven Councilmembers will be required to make an appointment. If the Council fails to fill the vacancy by appointment within thirty (30) days after the office is declared vacant, the City must "forthwith" cause an election to be held to fill such vacancy. The Charter does not define the term "forthwith."
City Charter section 600.01 calls for a regular election (i.e. general municipal election) to be held on the first Tuesday following the first Monday in November of even numbered years. All other municipal elections that may be called under the Charter or CA Elections Code are referred to as a "special election".
City Charter section 700 sets forth that except as specifically provided otherwise in the Charter with respect to City elections, the provisions of the California Elections Code, as amended from time to time, are adopted.
Elections Code
Special Elections Must Be Held on Established Election Dates
All state, county, municipal, district, and school district elections shall be held on an established election date, unless an exception applies. Elections Code ? 1002. Exceptions include special elections called by the Governor, certain school governing boa...
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