Chula Vista Municipal Code Ch. 2.53 Appointment Process to Fill Vacancies on the City Council and Specified…

APPOINTMENT PROCESS TO FILL VACANCIES ON THE CITY COUNCIL AND SPECIFIED COMMISSIONS

Sections:

• 2.53.010 Purpose and intent.

• 2.53.020 Applicability.

• 2.53.030 Definitions.

• 2.53.040 City Council vacancy appointments.

• 2.53.050 Specified City commission vacancy appointments.

• 2.53.060 California Public Records Act and Ralph M. Brown Act compliance.

The purpose of this chapter is to set forth a fair and open appointment process to be used by the City Council to fill vacancies (defined below) on specified City commissions (defined below) and to fill vacancies on the City Council where such appointment is authorized by the Charter. (Ord. 3370 § 1, 2016).

This chapter applies to appointments to fill (A) any vacancy (defined below) on the City Council when the City Council has elected to fill such vacancy by appointment as permitted under Charter Section 303(C); and (B) any vacancy on specified City commissions (defined below). The appointment processes for seats on other City commissions, where either nominations for vacancies are to be made by the Mayor or where alternative appointment processes apply, are set forth elsewhere in this code, in the chapters and code provisions specifically applicable thereto. (Ord. 3370 § 1, 2016).

“Application period” means the time frame during which applications are accepted for a particular vacancy (defined below). The application period for City Council vacancies is defined in CVMC 2.53.040(C). The application period for specified City commission vacancies is defined in CVMC 2.53.050(B). Once established, the application period will be posted on the City’s website.

“Interview” means the process at a public meeting by which applicants are given an opportunity to present themselves to the City Council, and the City Council questions and evaluates the applicants. Should an applicant be unable to attend the scheduled interview, the Council may elect to consider a letter of interest or interview by other means, such as telephone or video conference, in lieu of an in-person meeting.

“Qualified application” means an application received within the application period with all of the required components. The application form shall be available through the City Clerk’s office and will specify the required components for an application to be deemed a qualified application.

“Specified City commissions” means those City commissions specified elsewhere in this code, in the chapters and code provisions specifically applicable thereto.

Vacancy (or Vacancies). For specified City commission seats, “vacancy” is defined in accordance with CVMC 2.25.105. For City Council seats, “vacancy” is defined in accordance with Charter Section 303(A). (Ord. 3490 § 1, 2020; Ord. 3435 § 1, 2018; Ord. 3393 § 1, 2016; Ord. 3370 § 1, 2016).

A. The process for filling a vacancy by appointment to the City Council is intended to be consistent with and implementing of Chula Vista Charter Section 303(C). To the extent there is any conflict between the Charter and this chapter, the terms of the Charter shall govern.

B. In the event of a City Council vacancy, the City Clerk will work with City staff to notify the public of the vacancy in accordance with then applicable “best practices.” At a minimum, notice of the vacancy will be posted on the City’s website and at the City Clerk’s office.

C. The application period shall commence on a date established by the City Clerk no later than five calendar days after the vacancy is declared by the City Council in accordance with Charter Section 303(A) and end on the day falling 14 calendar days after the commencement date. An individual desiring to fill a vacancy must submit a qualified application during the application period. The City Clerk will collect and provide all qualified applications received within the application period to the Mayor and each Councilmember no later than 72 hours prior to the meeting scheduled for nominations or interviews. Such applications will be made available to the public at the same time. Applications received after the established application period shall not be accepted. The Mayor and each Councilmember shall independently review all forwarded qualified applications for the vacancy.

D. Should four or fewer qualified applications be received by the City Clerk within the application period, following the close of the application period, the appointment process shall be as follows:

1. At an open meeting of the City Council, the Mayor and City Council shall collectively set a date and time to hold an interview of all applicants who have submitted a qualified application during the specified application period.

2. At the meeting set for interviews, any member of the public shall be afforded the opportunity to speak to the item prior to commencement of the interview process.

   3. The Mayor and City Council will then conduct the interviews.

   4. Public comment will be solicited and allowed again after the interviews.

   5. Following the interviews and any public comment, the Mayor and City Council shall publicly deliberate and select one individual for each available position. The affirmative votes of at least three Councilmembers are required for appointment.

• E. Should five or more qualified applications be received by the City Clerk within the application period, following the close of the application period, the appointment process shall be as follows:

  1. The City Clerk shall place an item on the agenda of an open City Council meeting, indicating that nominations by the City Councilmembers for interviews to fill the vacancy will take place. The vacancy and the names of applicants who have submitted a qualified application during the application period will be listed.

2. At the meeting for nominations, any member of the public, including any individual submitting a qualified application, shall be afforded the opportunity to speak to the nomination item.

   3. Following the public comment period, the Mayor and each Councilmember will complete a form indicating one or more applicants each wishes to nominate for an interview and provide the form to the City Clerk. The forms submitted to the City Clerk shall be public record and retained on file in the office of the City Clerk.

   4. The City Clerk shall then publicly announce each applicant receiving two or more nominations and indicate that each Councilmember’s nomination form is available for public review.

   5. The Mayor and City Council shall then collectively set a date and time to hold an open meeting of the City Council for the purpose of interviewing each applicant who received two or more nominations.

   6. At the meeting set for interviews, any member of the public shall be afforded the opportunity to speak to the interview item prior to the commencement of the interview process.

   7. The Mayor and City Council will then conduct the interviews.

   8. Public comment will be solicited and allowed again after the interviews.

   9. Following the interviews and any public comment, the Mayor and City Council shall publicly deliberate and select one individual for each available position. The affirmative votes of at least three Councilmembers are required for appointment. (Ord. 3370 § 1, 2016).

The appointment process for filling vacancies on specified City commissions shall be consistent with the process for City Council appointments provided in CVMC 2.53.040, with the following exceptions:

A. In the event of a vacancy, the City Clerk will follow current organizational best practices to notify the public of the vacancy. Vacancies shall be noticed and filled in accordance with the requirements of Government Code Section 54970 et seq. (Maddy Act). The City Clerk will maintain applications received for prospective membership on specified City commissions for a period of one year from the date of application.

B. For vacancies that are noticed on the “local appointments list” as defined and in accordance with Government Code Section 54972, the application period shall commence on the day one year prior to the date of vacancy and end 30 days before the date of vacancy. In the event of an unscheduled vacancy, the application period shall commence on the day one year prior to the date of the notice of vacancy, in accordance with Government Code Section 54974, and end a minimum of 21 days after such notice, on a date specified and noticed by the City Clerk. In the event that fewer than three qualified applications are received during the application period, the application period may be extended by the City Clerk. Applications received after the established application period shall not be accepted. In the event that an applicant submits more than one qualified application for a vacancy during the application period, the last qualified application for the vacancy received by the City Clerk shall be deemed the applicant’s qualified application.

C. No later than 72 hours prior to the meeting scheduled for nominations or interviews, the City Clerk will provide the Mayor and each Councilmember with all qualified applications received within the application period. Such applications will be made available to the public at the same time.

D. Should four or fewer qualified applications be received by the City Clerk within the application period, the City Clerk may independently poll the City Councilmembers for their availability and subsequently set a date and time to hold interviews of all applicants who have submitted a qualified application during the specified application period. (Ord. 3435 § 1, 2018; Ord. 3370 § 1, 2016).

Interviews and meetings that occur in accordance with this chapter shall comply with Government Code Sections 54950 through 54963 (Ralph M. Brown Act). Should written material be submitted, such material shall be made available for public inspection, in accordance with Government Code Sections 6250 through 6276.48 (California Public Records Act) and with the Ralph M. Brown Act. (Ord. 3370 § 1, 2016).