HomeMy WebLinkAbout18 - District 7 VacancyCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 18
January 24, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Office of the City Manager
Homer L. Bludau, City Manager
949 - 644 -3000, hbludau(a)city.newport- beach.ca.us
SUBJECT: RESIGNATION OF COUNCIL MEMBER HEFFERNAN FROM THE CITY
COUNCIL AND THE OPTIONS AVAILABLE TO THE CITY COUNCIL
FOR FILLING THE VACANCY IN DISTRICT 7
ISSUE:
What options are available to the City Council with respect to filling the vacancy
resulting from the resignation of Council Member Heffernan?
RECOMMENDATION:
1) Declare the District 7 Council seat to be vacant.
2) Establish a process leading to the appointment of a successor as required by
Section 403 of the City Charter.
DISCUSSION:
On Wednesday, January 11, 2006, Council Member Heffernan submitted his letter of
resignation by fax to Mayor Webb and City Manager Bludau. The letter made the
resignation effective immediately. Section 403 of the City Charter states that, in the
event of a vacancy "from whatever cause arising" the City Council shall fill the vacancy
"by appointment... of a qualified person from the district in which the vacancy has
occurred." In the event "the City Council does not fill the vacancy within thirty days after
such office have been declared vacant' the City Council "shall forthwith cause an
election to be held to fill such vacancy from the proper district."
According to the Charter, the appointee will serve until the next municipal election
(November, 2006) and the qualification of a successor.
The City Council may consider using a selection process similar to that used to appoint
replacements when Council Members Adams and Proctor and Mayor Bromberg
resigned from the Council. The appointment process could include (a) direction to the
City Clerk to notify qualified persons in the district that applications for appointment to
the position will be accepted until a date certain; and (b) interviews of candidates, and
Resignation of Council Member Heffernan
January 24, 2006
Page 2
selection of the successor, at a duly noticed meeting of the City Council open to the
public, using the same procedure that was used to conduct the interviews to fill the
vacancy in District 4. The process would be as follows:
♦ Since Councilman Heffernan's letter of resignation was effective immediately, the
City Manager asked the City Clerk's office to advertise the vacancy as soon as
possible. Notices of the vacancy were placed in The Daily Pilot on January 17th
and another will appear on January 21St. The closing date advertised for
applicants is 5:00 p.m. January 31St, with applications due at the City Clerk's
office.
♦ Based on past practice, the Council would conduct the interviews in the Council
Chambers at a date determined by the Council; the interviews would be
televised; approximately 20 -25 minutes would be allotted per candidate for
questioning which would include a two minute opening statement and a five
minute closing statement by the candidate; the order of the interviews would be
determined by drawing the names from a hat; the candidates would be
sequestered and return to the sequester area after the interview; if the City
Council accepts the candidates, Council would appoint by a majority vote of the
City Council, swear in, and seat the District 7 Council member at that time.
♦ In the event the Council fails to appoint a successor within the thirty (30) days
required by the City Charter, (by February 10th), the Council will be required to
call a special election to fill the vacancy.
The City Manager is submitting this staff report utilizing and updating a previous staff
report provided by the City Clerk for the vacancy created by Mayor Bromberg. The City
Clerk will be attending the Council meeting of January 24th.
Submitted by:
Homer L. Bludau
City Manager