La Mesa Municipal Code Ch. 2.13 Procedure for Filling Vacancies in Elective Offices

The state law requires the city council to fill a vacancy in the elective offices of the mayor, other members of the council and city treasurer within thirty days of the occurrence of the vacancy by appointment and failing to do so within that time, the council is required to immediately cause an election to be held to fill such vacancy. The purpose and intent of this chapter is to establish an orderly procedure for the council to follow in making any appointment and for all persons interested in being appointed to the vacant office to follow in presenting their applications for consideration by the council and at the same time to allow for public participation in the selection process.

(Ord. 2267; July 9, 1981: Ord. 2014-2837, § 3; November 12, 2014)

As soon as it is known that there will be a vacancy in an elective office of the city of La Mesa by reason of a resignation or that there exists a vacancy in such elective office by reason of a death or other unexpected circumstance, the mayor shall immediately call a special meeting of the council to consider the question of whether the vacancy shall be filled by an appointment or an election, unless the question can be appropriately considered at a regular meeting. If the determination is made to fill the position by appointment, the procedures provided for in this chapter shall be followed.

(Ord. 2267; July 9, 1981)

(a) If a vacancy exists by reason of resignation, death, or other unexpected circumstance, the city clerk shall publish as soon as possible after the occurrence of the vacancy the following notice in a paper of general circulation within the city of La Mesa:

A vacancy exists in the office of (mayor), (councilman), (city clerk) and/or (city treasurer). Interested applicants may obtain information and forms at the office of the city clerk, City Administration Building, 8130 Allison Avenue, La Mesa, California. To be considered, applications must be returned to the office of the city clerk by close of business, five p.m. within seven days after the date of publication.

(b) If a vacancy will exist by reason of a resignation to take effect at some future time, or by reason of an expected resignation at some future time, the city clerk shall publish within a reasonable time the following notice:

A vacancy will exist in the office of (mayor), (councilman), (city clerk) and/or (city treasurer) on (date vacancy expected to occur). Interested applicants may obtain information and forms at the office of the city clerk, city administration building, 8130 Allison Avenue, California. To be considered, applications must be returned to the office of the city clerk by close of business, five p.m. within seven days after date of publication.

(Ord. 2267; July 9, 1981)

(a) Applicants for appointment to elective office shall file with the city clerk on or before the date for return of applications as published by the city clerk under Section 2.13.030 of this chapter, the following:

(1) Background information certified by the applicant that it is true and correct under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure disclosing the following:

a. Name,

b. Address,

c. Length of residence at above address and address for past five years other than above,

d. Date of birth,

e. Marital status,

f. Business or occupation engaged in during the past five years together with address of the dates of service with each such business or occupation,

g. Branch, dates and rank at discharge of military service,

h. Education from high school to highest level attained together with the name of each educational institution attended and degree or diploma received;

(2) A statement of qualifications not longer than one hundred words expressing in the applicant's own words the reasons why the applicant believes he is qualified for the office;

(3) A petition with the signatures of at least twenty and not more than thirty registered voters in form and content similar to that required to run for office;

(4) A statement under penalty of perjury that the applicant is a resident and elector of the city as required by Elections Code Section 75.

(b) The city clerk shall furnish each applicant with a copy of this ordinance and shall advise each applicant of the date set by the council for the public hearing on the applications.

(c) The city clerk shall further furnish all applicants with financial disclosure forms and each applicant shall file such form with the city clerk at the time of filing his application. All newly appointed office holders must file a statement of economic interests within ten days after assuming office.

(Ord. 2267; July 9, 1981)

Before any appointment to fill a vacancy in an elective office shall be made, the council shall hold a public hearing for the purpose of considering the applications for appointment. Said public hearing shall not be held prior to the effective date of the actual vacancy. The date therefor shall be established and set by the council in the special meeting required to be held by Section 2.13.020.

(a) At the public hearing, each applicant shall be allowed three minutes to make a presentation to the council in support of the applicant's candidacy for appointment. At the discretion of the presiding officer, council members may ask brief questions for clarification concerning either the presentation or matters contained in the application filed with the city clerk.

(b) At the conclusion of the public hearing, the council may then or at a later meeting adopt a resolution appointing the person to fill the vacancy.

(Ord. 2267; July 9, 1981)

Repealed by Ord. 2005-2759 § 2; September 27, 2005.