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BACKGROUND

OFFICE OF THE CITY CLERK DECEMBER 3, 2012 PROCESS TO FILL A VACANCY ON THE CITY COUNCIL BY APPOINTMENT CITY COUNCIL, DISTRICT 3. BACKGROUND. Effective at the close of business on November 30, 2012, a vacancy occurred on the City Council representing District 3

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BACKGROUND

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  1. OFFICE OF THE CITY CLERKDECEMBER 3, 2012PROCESS TO FILL A VACANCY ON THE CITY COUNCIL BY APPOINTMENTCITY COUNCIL, DISTRICT 3

  2. BACKGROUND • Effective at the close of business on November 30, 2012, a vacancy occurred on the City Council representing District 3 • Councilmember Chris Holden’s successful candidacy - Elected to the California State Assembly representing the 41st District

  3. BACKGROUND Pasadena City Charter, Section 404, VACANCY-APPOINTMENT,states: "If a vacancy occurs among any other members of the City Council, theremaining members shall within 75 days after such occurrence appointa qualified resident voter of the unrepresented district who shall holdoffice until the office is filled at the next general municipal election. Ifthe City Council cannot agree on one person to fill the vacancy, thereplacement shall be chosen by lot."

  4. MARCH AND APRIL 2013 ELECTIONS • The elected representative to replace Councilmember Holden will be voted into office at the 2013 March and April Elections: • Currently, six interested individuals circulating nomination papers • Nomination Period closes on December 12, 2012 at 5:30 p.m. • 50% plus one majority required to be elected representative • Assumes office on May 6, 2013 • The City Council has 75 days to take action and appoint a replacement • Deadline to appoint is February 13, 2013 or a representative will be determined by lot

  5. APPOINTMENT PROCESS • It is important to note that the City Council is not bound by any process to fill the vacancy and may proceed in whatever fashion it so determines, provided that the requirements of Charter Section 404 are met: • A qualified resident voter of the unrepresented district • Appointment made within 75 days of the vacancy occurring • The information provided on the following slides are suggested as a model for the City Council to consider and has been utilized by other cities (in various forms) to fill a vacancy on a City Council by appointment

  6. APPOINTMENT PROCESSNOTICE OF INTENTION • Sample Notice of Intention to Fill a Vacancy for Member of the City Council by Appointment: • To be published in a newspaper, posted on the City’s webpage, and circulated widely within Council District 3 • First step for the City Council to publicly declare its intention to proceed with the appointment process • Provides general information on application timeline, process, and interview procedures

  7. APPOINTMENT PROCESSNOTICE OF INTENTION - DETAILS • Publish Notice of Intention: December 6, 2012 • Length of application filing period: December 13, 2012 to December 27, 2012 • Length of term for the appointment: Date of appointment to May 6, 2013 • Details of the Application Process: • How to obtain an application: In person, in the Office of the City Clerk • In order to apply, applicants must be of voting age, and registered to vote in, and reside within, Council District 3 at the time the application is issued by the City Clerk • Deadline for application submittal: December 27, 2012 at 5:30 p.m. • Location for submittal: Office of the City Clerk

  8. APPOINTMENT PROCESSAPPLICATION • Sample Application - Modified version of the City’s Commissioner Application • Further modify • Create new application

  9. INTERVIEW PROCESSFORMAT • Interviews conducted in open session as part of Special Meeting of the City Council: • Select meeting date - January 7, 14, or 28, 2013 (potential dates to consider) • Late afternoon prior to regular City Council meeting or special date and time to be determined by Council • Location to remain in Council Chamber (public meeting space in Council District 3) • Broadcast live, tape, or no tape

  10. INTERVIEW PROCESSFORMAT • Presentations: • Three (3) minutes provided to each applicant to present qualifications • Question and answer session with the City Council following presentations • Ad hoc committee of City Council to prepare questions? • All applicants interviewed on the same day • No applicants permitted in Chamber during interviews of other applicants (can be present for vote) • Random draw of names to determine order of interviews conducted by City Clerk

  11. SELECTION PROCESSFORMAT • The selection process is a decision of the City Council that would need to take place in open session {pursuant to GC Section 54953(c)} • Selection could take place after interviews at the same meeting or take place at a future meeting • Options for selecting an appointee include: • Point system using voting ballot and public announcement of each ballot cast – highest point total wins appointment • Motion and second, followed by deliberation, followed by roll call vote – five affirmative votes of the City Council • Convene an ad hoc committee of the City Council to determine alternate selection process

  12. FOLLOWING SELECTION The City Clerk administers the Oath of Office to the selected appointee Appointee begins to serve immediately, with full voting rights Appointment expires at the start of the new term of office of the elected representative on Monday, May 6, 2013

  13. DIRECTIONS TO STAFF • Determine if application process acceptable: • Notice of Intention • Timeline (14 day application period) • Modified Commission Application • Determine if interview process acceptable: • Special Meeting Date, Time, and Location • Broadcast live, taped, or no tape • Three (3) minute presentations per applicant • Q/A with City Council to follow (ad hoc committee to prepare questions)

  14. DIRECTIONS TO STAFF • Determine method of selection: • Point system using voting ballot and public announcement of each ballot cast – highest point total wins appointment • Motion and second, followed by deliberation, followed by roll call vote – five affirmative votes of the City Council to approve appointment • Convene an ad hoc committee of the City Council to determine selection process

  15. RECOMMENDATION (1) Acknowledge the vacancy created by the resignation of City Councilmember Chris Holden, District 3, effective at the close of business on November 30, 2012; (2) Direct the City Clerk to publish a Notice of Intention to Fill the Vacancy on the City Council by Appointment in accordance with Pasadena City Charter, Section 404; and (3) Review and approve the application and interview process, and the suggested appointment timeline.

  16. QUESTIONS/COMMENTS

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