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File #: 13-809   
Type: Staff Briefing - With Ordinance
In control: City Council A Session
On agenda: 11/7/2013
Posting Language: An Ordinance appointing a replacement City Councilmember for District 9. [Leticia M. Vacek, City Clerk]
Attachments: 1. Draft Ordinance, 2. Ordinance 2013-11-07-0736
DEPARTMENT: Office of the City Clerk       
 
 
DEPARTMENT HEAD: Leticia M. Vacek, City Clerk
      
      
COUNCIL DISTRICTS IMPACTED: City-wide
 
 
SUBJECT:
 
An Ordinance filling the City Council District 9 vacancy on a temporary basis.
 
 
SUMMARY:
 
On Thursday, October 17, 2013, the City Council approved a Resolution to acknowledge the resignation of Elisa Chan, City Council District 9 Councilmember.  
 
The Office of the City Clerk accepted applications for the City Council District 9 vacancy from Monday, October 21, 2013 until 5:00 pm on Friday, November 1, 2013.
 
At the Wednesday, November 6, 2013 "B" Session, 3 finalists will be selected to be interviewed on Thursday, November 7, 2013 at the Regular City Council Meeting.  Each finalist will be provided three minutes to make another statement to the City Council on why they are most qualified, their vision for the district, and their vision of effective representation of the residents of District 9.  Citizens will be allowed to sign up to speak on the appointment.  After City Council comments regarding the applicants' qualifications and merits, City Council will take an individual roll call vote to fill the vacancy.  In the event no one finalist receives a majority vote, City Council will vote again between the two finalists with the most votes, dropping the third finalist.  The appointee to City Council District 9 will then be sworn-in by the City Clerk.  If the applicant receives at least 8 votes, the appointment will take effect immediately and the new temporary replacement City Councilmember may take a seat on the Dais.
 
The appointee will hold office until the special election to be held on May 10, 2014 has been canvassed, at which time the winning candidate will be sworn in.
 
BACKGROUND INFORMATION:
 
The resignation of Elisa Chan, District 9 Councilmember, resulted in a City Council vacancy.  
 
 
 
 
ISSUE:
 
The District 9 vacancy is being filled in accordance with the provisions outlined in Section 8 of the City Charter which states that the City Council may appoint a person to serve as a Councilmember on a temporary basis.  City Ordinance 2010-05-06-0375 outlines the procedures for appointment in the event of a vacancy.  
 
Since more than 270 days remain on the unexpired term of office, the City shall also conduct a Special Election at the next authorized uniform election date to fill the vacancy for the balance of the unexpired term of office.  
 
 
ALTERNATIVES:
 
N/A
 
 
FISCAL IMPACT:
 
There is no fiscal impact associated with the passage of this ordinance.  
 
 
RECOMMENDATION:
 
The City Clerk recommends City Council follows the procedures established for the vacancy as outlined in Section 8 of the City Charter and Ordinance 2010-05-06-0375.