Jul 3 2016

Mayor ? and Vice Mayor to be Elected Tuesday, July 5

Should the Council elect both a Mayor and a Vice Mayor to serve until December 2016?

As a result of the resignation of Mayor Margaret Fujioka, effective at 11:59 p.m. on  June 21, 2016, Vice Mayor Jeff Wieler became Acting Mayor, a temporary position. 

City Charter: “SECTION 2.05 VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES (A) VACANCIES. The office of a Councilmember shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law, or forfeiture of office.”

City Administrator Paul Benoit recommends that the Council elect a new Vice Mayor at the July 5 meeting, to provide for the absence or disability of the Acting Mayor.

Piedmont City Charter states:

“SECTION 2.08 MAYOR Following each general municipal election, the City Council shall elect from among its member officers of the City who shall have the titles of Mayor and Vice-Mayor, each of whom shall serve at the pleasure of the Council. The Mayor shall preside at meetings of the Council, shall be recognized as head of the City government for all ceremonial purposes and by the Governor for the purposes of military law, but shall have no administrative duties. The Vice-Mayor shall act as mayor during the absence or disability of the Mayor. In case of the temporary absence or disability of both the Mayor and Vice-Mayor, the Council shall select one of its members to serve as Mayor Pro Tempore.”

There is no provision in the City Charter for a long-term, five month “Acting Mayor” to fill a vacancy.

The  Charter  refers to an absence. The resignation by Mayor Fujioka creates a vacancy under the Charter not an “absence.”  The word absence is used officially in Council minutes and documents.  For a Vice Mayor to be “acting” the Charter calls for an “absence” not a “vacancy.” 

City Charter states:

“The Vice-Mayor shall act as mayor during the absence or disability of the Mayor. “

The remaining Council members are: Teddy King, Bob McBain, Tim Rood, and Jeff Wieler (Acting Mayor and former Vice Mayor.)  Both the Mayor and Vice Mayor serve at the pleasure of the Council.

The agenda item will be considered at the July 5, 2016 Council meeting that starts at 7:30 p.m. in City Hall.  The meeting will be broadcast live.

Read the Administrator’s recommendation here.

The vacancy on the Council created by Fujioka’s resignation will be filled by the City Council following interviews with candidates on July 19.  (Applications must be delivered to the City Clerk’s Office by 5:00 p.m. Wednesday, July 13, 2016. )

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