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Home My WebLink AboutRES NO 88-00RESOLUTION NO. 8 8 "O0 A RESOLUTION OF THE CITY OF BAKERSFIELD ADOPTING POLICY FOR THE CITY COUNCIL VACANCY APPOINTMENT PROCESS WHEREAS, Charter Section 16, requires the Council to fill a vacancy on the Council by appointment, if said vacancy occurs less than six months prior to the date of the next general election; and, WHEREAS, the City Council appointed an Ad Hoc Committee to review past appointment practices and develop a procedure to be used to fill a Council vacancy. NOW, THEREFORE, BE IT RESOLVED that the following procedure is to be used to fill a Council vacancy: 1. The Council will recruit an individual to fill the vacancy by accepting applications from interested citizens. Applications may be obtained from the City Clerk. A copy of the proposed application is attached as Exhibit "A." 2. A press release announcing the Council vacancy will be prepared by the City Clerk and distributed to the news media and posted on the City's Web Page. The press release will include the minimum qualifications, application deadline, the Council interview date and time and the appointment date and time. A copy of the proposed news release is attached as Exhibit "B." 3. The City Clerk will prepare a display advertisement to be published in the Bakersfield Californian once a week for two consecutive weeks. 4. There is to be a minimum of three (3) weeks for applicants to file. 5. No application will be accepted after the filing deadline. 6. The City Council will conduct an interview of all applicants at the first regularly scheduled meeting following the close of the filing period. The interviews will be held during the Workshop portion of the Council Agenda, with the appointment to follow during the regular Council meeting. The City Council will make the appointment of the Interim Councilmember by'Following the voting policy outlined in Resolution 187-99 adopted December 15, 1999, attached as Exhibit"C." The selected appointee is administered the Oath of Office and assumes all responsibilities at that time. .......... 000 .......... -2- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUL 1 9 2008 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, MAGGARD, COUON, NOES: COUNCILMEMBER __ ABSTA!N: COUNCILMEM'3ER ABSENT' COLINCILMEMBER SULLIVAN, 8ALVA~IO APPROVED JUL 19 ZI]Ol~ BOB P~~ '~'~'~ / Mayor o'1' the City of Bakersfield APPROVED as to form BART J. THILTG/~N City i~ / :proc S:\COU NCIL\RESOLUTNS\S P DB UM P.POL July 13, 2000 10:07AM EXHIBIT NO.,, , SUBMIT TO: CITY CLERK 1501 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3767 CLERK'S OFFICE USE ONLY: CITY OF BAKERSFIELD RESIDENT: YES NO WARD NO. 5 CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT MINIMUM QUALIFICATIONS: (1) REGISTERED VOTER (2) RESIDENT OF WARD 5 TERM: 4 Months, Commencing August 16, 2000 to December 6, 2000 APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. Mr. 1. Mrs. Ms. First Middle Last Residence address: City County State Zip Phone ( ) Position(s) sought: (List in order of preference) 1) Interim Ward 5 Councilmember Business Title or Occupation: Company: Address: City County State Zip Phone (__) Education - List schools attended and/or graduated/degree(s): ¸5. 6. Other Special Training or Experience: 7. Previous and present governmental and civic experience. Indicate when, position and duties: 8. Please explain why you wish to serve as Interim Councilmember for the City of Bakersfield: Do you have any interests or associations which might present a conflict of interest? If yes, please explain: Please attach your resume and any additional information, statements or letters of reference which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND. RELEASE I understand that in connection with this application for appointment the information contained herein will be made available to the general public upon request. Signature of Applicant Date NOTE: Thi~'d~ument is a public record and may be disclosed/released., · ~ PUrSUant t° the Cahfornia F ublic Records Act. S:\Bds&Comm\MISC\INTERIMAP PLICATION.wpd July 7, 2000 (12:41pm) B A K E R S F ! E L D Office of the City Clerk · Ex Officio Clerk of the Council PRESS RELEASE FOR IMMEDIATE RELEASE July 20, 2000 EXHIBIT NO.~ Contact: Pamela A. McCarthy, City Clerk (661) 326-3767 The Bakersfield City Council is recruiting an individual to serve on the City Council as Interim Councilmember of Ward 5, due to a vacancy created by the resignation of Randy Rowles. Applicants may opt to run for the full term, Ward 5 Council position if they choose. This individual will be nominated and appeinted by the full Council and must be a registered voter and a resident of the City of Bakersfield, Ward 5 throughout their term. The term of office is approximately 4 months, commencing August 16, 2000 and expiring on December 6, 2000 when a Council member is elected and assumes office. Applicants are advised a Statement of Economic Interests (F.P.P.C. Form 700) will be required upon assuming and leaving office. Applications for interim Council member are available at the City Clerk's Office, City Hall, 1501 Truxtun Avenue. The following is a schedule of important events and filing deadlines: · APPLICATION DEADLINE -Wednesday, August 9, 2000, 5:00 p.m. - City Clerk's Office COUNCIL INTERVIEWS - Wednesday, August 16, 2000, 5:15 p.m. - Council Chambers, City Hall, 1501 Truxtun Avenue. · APPOINTMENT - Wednesday, August 16, 2000, 7:00 p.m., Regular City Council Meeting, Council Chambers, City Hail, 1501 Truxtun Avenue. For further information and assistance regarding this appointment, please contact the City Clerk's Office at (661) 326-3767. Citizens interested in serving as interim Council member for Ward 5 are encouraged to contact each City Councilmember regarding their interest and qualifications. City of Bakersfield · City Clerk's Office · 150t Truxtun Avenue Bakersfield · California · 93301 (66'I) 326-3767 o Fax (661) 323-3780 EXHIBIT NO. RESOLUTION A RESOLUTION ADOPTING A CITY COUNCIL VOTING POLICY FOR COMMISSIONS AND BOARDS OTHER THAN THE PLANNING COMMISSION WHEREAS, during the meeting of the Legislative & Litigation Committee on August 19, 1999, the City Attorney's office was requested to provide the Committee with a written synopsis of a voting methodology to be used by the City Council in appointing members for Commissions and Boards, other than the Planning Commission; and WHEREAS, in addition, the synopsis was to include a statistical evaluation of the permutations which could be encountered during the voting process attached as Exhibit A; and WHEREAS, the process could be used for any number of applicants for any single, or multiple, vacant position(s). NOW THEREFORE BE IT RESOLVED, by the Council of the City of Bakersfield as follows: The following policy is to be used by the, City Council in appointing members for Commissions and Boards, other than the Planning Commission: 1) Each Council member shall have only one vote to cast for a single individual during each individual round of voting (a maximum of seven votes cast during any single round); 2) Each Council member shall have the right to change their vote from one individual to another during subsequent rounds of voting, ifa subsequent round is needed; 3) In the event the voting process results in a three-to-threetie between two remaining individuals (due to the Council members present and voting not constituting a complete complement of the Council due to absence or abstention), the Mayor, in accordance with the Charter, shall be entitled to cast the deciding vote (NOTE: the Charter specifies a three-to-three tie, and therefore, the Mayor shall not be authorized to vote if it is a two-to-two tie); 4) An individual applicant receiving a majority of the votes cast in the "first round vote," and/or in the runoff, shall be deemed appointed to the position; In the event more than one position is vacant, each position shall be voted upon and determined separately, and upon one position being filled, all remaining Page 1 of 3 6) 7) 8) 9) 10) applicants from the first position filling process shall be entitled to be considered for the remaining position; In the event the "first round vote" does not result in a single individual receiving a majority of the votes, a runoff electio~q shall be conducted between the two individuals receiving the top number of votes cast in the "first round vote"; In the event the "first round vote" does not result in two individuals receiving the top number of votes cast, the one individual receiving the top number of votes shall be included in the runoff, and a separate "interim vote" shall be cast to determine the other individual to be in the runoff, with 'the "interim votes" being cast among the individuals who had tied by receiving the next highest number of votes in the "first round vote"; In the event no individual receives any votes more than any other individual in the "first round vote" (for example, seven applicants each receiving one vote), the Council shall cast another "first round vote" until at least one individual receives · more votes than another and then proceed in accordance with the proposed voting process; In the event an "interim vote" results in a tie of the highest number of votes cast between two or more individuals, the Council shall conduct as many as required "interim votes" to determine the individual to be included in the runoff. The City Clerk shall prepare a ballot with the name of each applicant for the position to be provided to the Council for the "first round vote." Subsequent votes (the "interim vote" and the runoff) shall be accomplished by the Council Member writing in on a pre-prepared form the name of the individual for whom they are voting. After each vote, the forms will be turned in to the City Clerk who will announce the tabulated results prior to initiation of a subsequent vote. All forms will be retained by the City Clerk and available to the public subsequent to the voting process as a public record. .......... 000 .......... Page 2 of 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on DEC 15 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DeMOND, MAGGARD, COUCH. ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~0 COUNCILMEMBER r~¢ COUNClLMEMBER ~ ~ ~4 ¢_.,. CITY CLERK and EX Ol~;/ICIO of the Council of the City of Bakesfield APPROVED DEC 15 1999 BO PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN CITY ATTORNEY'S OFFICE of the City of Bakersfield (p:\L&L\VodngPolicyResolution) Page 3 of 3 EXHIBIT A STATISTICAL EVALUATION OF VOTING PROCESS PERMUTATIONS In most circumstances, the following statistical circumstancewilJ likely not occur, but the worst case scenario is evaluated. This evaluation is based upon seven or more applicants for a single position with all seven Council members voting during each round of votes. In the event a Council Member was not present, abstained, or refrained from voting, the statistical permutations could increase markedly due to the greater possibility of ties during "interim vote" to determine the individuals to be included in the runoff. The charts below show the potential permutations. As shown in Table I, during the first round of voting, a total of 15 different potential votes could be obtained. Of these 15, (*) 7 would result in a singte individual receiving a majority of the votes cast and being appointed; (**) 3 would result in the identification of the two top vote receivers, between whom the runoffwould be conducted; (***) 1 would result in seven individuals receiving one vote each, requiring the Council to again conduct a "first round vote" among these seven remaining applicants; (****) 3 would result in one individual receiving more votes than anyone else, and an "interim vote" requirementto establish the second individual for the runoff; and (*****) 1 would result in three individuals receiving two votes each, with an "interim vote" being necessary to establish either the elected individual or the two individuals to be considered in the runoff. The permutations associated with the "first round vote" could theoretically result in three (3) "interim votes" to determine the second candidate to participate in the runoff. These possibilities are shown in Table II. Excluding the one scenario where all individuals receive one vote in the "first round vote"(which is unlikely), the Council theoretically could be required to vote a range of one (1) up to five (5) times to select the person to be appointed to the position (combining the "first round vote" plus the potential "interim votes" plus the runoff vote). TABLE I Applicants - Number of Votes A _B ~C D _E F G__ Remarks 1 1 I 1 1 1 1 *** 2 1 1 1 1 1 0 .... 2 2 I I 1 0 0 ** 2 2 2 1 0 0 0 ..... 3 1 1 1 1 ' 0 0 .... 3 2 1 I 0 0 0 ** 3 2 2 0 0 0 0 **** 3 3 1 0 0 0 0 ** 4 1 I 1 0 0 0 * 4 2 1 0 0 0 0 4 3 0 0 0 0 0 * 5 I 1 0 0 0 0 * 5 2 0 0 0 0 0 * 6 1 0 0 0 0 0 * 7 0 0 0 0 0 0 * * = Single individual receiving majority and being appointed ** = Two individuals receiving highest votes, between whom runoff conducted *** = Seven individuals receiving single vote, who participate in another "first round vote" .............. -~ **** One individual receiving h~ghest vote, ~ntenm vote for second ~ndrv~dual ~n run(~ ..... = "Interim vote" among top three to determine appointee or runoff participanf:s ?- EXHIBIT A STATISTICAL EVALUATION OF VOTING PROCESS PERMUTATIONS Page 2 5 in "interim vote" 4 in "interim vote" 3 in "interim vote" 2 in interim/Runoff 2 2 3 2 1 3 3 1 4, 5, 6, or 7 votes 2 2 2 3 2 1 3 3 1 4, 5, 6, or 7 votes 3 2 2 3 3 1 4, 5, 6, or 7 votes 4, 5, 6, or 7 votes TABLE'~J Applicants - Number of Votes I 0 0 0 1 X 1 x 0 x X X X X R.emarks 2nd "interim* A&B A in Runoff 2nd "interim" A&B A in Runoff 2nd "interirn"A, B & C A in Runoff 2nd "interim" A&B A in Runoff A in Runoff 2nd "interim' A&B A Appointed/Runoff A Appointed/Runoff (VotingPolicyResolution-ExhibitA.)