REPORT TO COUNCIL
SUBJECT
Title
Declaring the Vacancy for the Position of Elected Chief of Police and discussion on process for filling the vacancy by appointment or special election in March 2020
Report
BACKGROUND
At the July 9, 2019 Council meeting staff informed the City Council of the Charter requirements for the upcoming vacancy in the elective office of the Chief of Police. Police Chief Seller's announced his retirement in June 2019 effective September 1, 2019. A copy of the Chief's letter of resignation is 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 adopts the provisions of the California Elections Code with respect to City elections except where the Charter otherwise provides.
Chief of Police Vacancy Appointment Process
Having received the Chief's letter of resignation the Council should declare his office vacant as of tonight's meeting and may choose to simply appoint a new Police Chief at a regular meeting or special City Council meeting scheduled any time before October 4, 2019. Council's appoint...
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