For City Council Meeting December 10, 2024
TO: Honorable Mayor and City Council
FROM: G. Michael Milhiser, Interim City Manager
AUTHOR: Barbara A. McGee, City Clerk
Title
Request City Council to Review and Provide Direction Regarding Filling a Vacancy on City Council.
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council consider the options for filling a vacancy on the City Council, provide City staff with any direction necessary to implement procedures approved by City Council regarding consideration of candidates, and/or nomination and appointment of a candidate.
BACKGROUND
Rialto City Council Member Joe Baca is the anticipated winner of the Mayor seat for the City of Rialto. Mr. Baca will be sworn into his new position as of December 10, 2024. When this occurs, Mr. Baca's seat on the Rialto City Council will become vacant and the City Council must take action to fill the vacancy.
ANALYSIS/DISCUSSION
Government Code section 36512 requires that if a vacancy occurs in a city elective office the city council must either fill the vacancy by appointment or call a special election to fill the vacancy within 60 days from the start of the vacancy. The vacancy will occur starting on December 10, 2024, this 60-day period will end on February 8, 2025.
Filling by Appointment
If the Council chooses to appoint someone to fill the vacancy, then the appointed person will serve for the remainder of Council Member Baca's term, which expires in 2026. Section 36512 provides that if the vacancy occurs in the second half of the term of office, then the person appointed to fill the vacancy "shall hold office for the unexpired term of the former incumbent." The Council has the discretion to determine the process to be utilized for selecting an appointee.
Filling by Special Election
If the Council chooses to call a special election to fill the vacancy, the first available election date would be in March 4, 2025. Section 36512 provides that a special e...
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