REPORT TO COUNCIL
SUBJECT
Title
Declaration of a Vacancy for Council District 5 and Options to fill the Vacancy [Council Pillar: Enhance Community Engagement and Transparency]
Report
BACKGROUND
Councilmember Patricia Mahan submitted a letter of resignation on January 22, 2020 with an effective date of February 1, 2020, thereby creating a vacancy for Council District 5 for a partial term ending November 2020.
DISCUSSION
Santa Clara voters on November 8, 2016 passed Measure Q, concerning filling vacancies and amended the City 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.
Santa Clara City 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 hold office for the unexpired balance o...
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