What will the process be to fill the vacancy resulting from Jeff Wieler’s Piedmont City Council resignation ?

Wieler resigned effective September 5, 2017.  The Council must make an appointment within 30 days from the vacancy, which is October 5, 2017.

CITY CHARTER : (C) FILLING OF VACANCIES. A vacancy on the City Council shall be filled by appointment by the Council, with said appointee to hold office until the next general municipal election, when a successor shall be chosen by the electors for the unexpired term. If the Council does not fill such vacancy within thirty (30) days after the same occurs, then such vacancy shall be filled by the Mayor.

The City Administrator and Mayor changed their minds on when to meet to discuss how to fill the vacant council seat.

At the Sept. 5, 2017 Council meeting the City Administrator, Paul Benoit, stated the Council would undertake consideration of the process for the vacancy appointment on September 18 leaving only a little over 2 weeks (16 days) for the process of advertisement/notification, application, interviews, consideration, and appointment within the Charter limit of 30 days.

Some in the community speculated that the shortened time frame, two weeks rather than 4 weeks or 30 days, to make the appointment was a result of there being a favored candidate.  No candidate has been noticed as a preferred candidate.

The process being currently suggested by staff condenses the time allowed for applicants and their consideration. 

Update ( 9/10/17): The Special Council Meeting date of September 11 to determine the appointment selection process was set to accommodate the staffs’ ability to prepare a recommended selection process.  The Special Meeting date has been stated as not intended to favor any candidate. 

Staff report and recommendation is linked below:    http://www.ci.piedmont.ca.us/html/govern/staffreports/2017-09-11/citycouncilvacancy.pdf

The process selected for a prior vacancy appointment can be read HERE.

The Special Meeting is open to the public for public participation.  Interested candidates should find the meeting informative.  There will be no broadcast of the meeting. 

The agenda states:

City of Piedmont
Special City Council Agenda
Monday, September 11, 2017

7:30 p.m.

Emergency Operations Center

403 Highland Avenue, Piedmont [This venue does not lend itself to broadcasting.]

Call to Order Pledge of Allegiance
Special Session
1. Consideration of the Process for Filling the Council Seat Vacated by the Resignation of Councilmember Jeffrey Wieler

For further information, contact the City Clerk at 510/42o-3040.

Those wanting to comment on the process may send an email or emails to the Council as follows:

Because of the vacancy created by Jeff Wieler’s resignation as mayor, the City Council meeting of September 5, 2017 called for the election of a new mayor and vice mayor to be selected by the Council from amongst themselves.

The Piedmont League of Women Voters asked that some description be made about each nominee and their qualifications.  This request was honored by Councilmember Teddy King who nominated Bob McBain for Mayor, and then by Councilmember Tim Rood in nominating King for Vice Mayor.

McBain and King have long histories of volunteerism in Piedmont having served on numerous commissions and committees. Bob McBain was elected Mayor of Piedmont and  Teddy King was elected Vice Mayor.  Both were elected unanimously, as the selection process followed a tradition of choosing the most tenured Council members and the individuals with the most votes in their election cycle.

Meeting will be in City Hall, 120 Vista Avenue, Tuesday, September 5 at 7:30 p.m.

The Piedmont City Council will vote on September 5, 2017, to elect a new mayor from the Councilmembers to fill the vacancy resulting from Jeff Wieler’s resignation as Mayor of Piedmont.  Vice Mayor Bob McBain has been in an interim “acting” position since the vacancy occurred pending the election by the Council of a new mayor.  McBain is the most tenured member of the Council.

If McBain is elected Mayor, the Vice Mayor position, as described in the City Charter, will require election of a new Vice Mayor.

The public is welcome to speak to the agenda item.  The meeting will be broadcast live on Channel 27 and from the City website.  The City keeps recordings and makes them available from the City website.

Comments regarding the selection of a new Mayor and/or Vice Mayor can be sent to the Council members as follows:

The Council has 30 days from September 5 to select someone to fill the vacant Council seat left by Wieler’s resignation.

Effective September 5, 2017, Jeff Wieler resigned as a Piedmont Councilmember.  Now, the City Council has the task of filling his vacant seat – unexpired term – that ends in November/December 2018.

The Council has 30 days in which to complete the task of filling the vacant unexpired term held by Wieler.  The agenda for the September 5, 2017 Council meeting does not include consideration of a process for selecting the replacement Council member.  According to the City Administrator, Paul Benoit, the Council may hold a Special Meeting to consider the selection process.

Those interested in applying for the unexpired seat can make inquiry with the City at 420-3040. 

Historically, the Council has asked for applications which must be from qualified electors of Piedmont – those who are registered Piedmont voters. In previous years, applicants submitted a standardized written application followed by an interview session held by the remaining four Councilmembers. By law, all applications and interviews are open to the public.

As the Councilmember selection is political, applicants frequently lobby the public and the Council.

Throughout the process, Councilmembers must follow the Brown Act (California’s sunshine law) by conducting all considerations and discussions of the applicants in a public meeting.  Councilmembers may not discuss privately amongst themselves who they think should be appointed.

When former Mayor and Councilmember, Margaret Fujioka, resigned her unexpired position on the Council, Jonathan Levine was chosen from amongst the applicants.  He subsequently ran for a regular four year term on the Council; however he did not win in that election.

The Council chosen appointee to the Council will serve until December 2018, when the unexpired term ends.  To continue to serve on the Council, the appointed individual must be elected at the November 2018 General Election.

The process of filling a vacancy is set out in the Piedmont City Charter as follows:

(C) FILLING OF VACANCIES. A vacancy on the City Council shall be filled by appointment by the Council, with said appointee to hold office until the next general municipal election, when a successor shall be chosen by the electors for the unexpired term. If the Council does not fill such vacancy within thirty (30) days after the same occurs, then such vacancy shall be filled by the Mayor. 

Questions may be posed to the City Administrator, Paul Benoit, at 510/420-3040.

The public can provide input to the Council by using the following contact information.

Councilmember contact information:

It is with great sadness that I announce my resignation from the Piedmont City Council effective Tuesday September 5, 2017.

I will provide the City Administrator with a formal letter of resignation, which I will ask him to read at that meeting.

Throughout my service on Council, I strived to do what was best for Piedmont, and tried to be fair and open to everybody’s opinions. I challenge people to find a single instance where my personal opinions affected any vote or action I’ve taken Piedmont.

 In closing, I want to say I’m proud of the contributions I’ve made to Piedmont.  I helped reform Piedmont’s parcel taxes to provide funding for our high quality municipal services and to help retain the skilled people who provide them.  As a Chair of the Municipal Tax Review Committee, I successfully fought for a Charter amendment that allowed Piedmont to maintain an adequate General Fund reserve, and also helped structured a sewer tax that has allowed Piedmont to lead the East Bay cities in upgrading our infrastructure to reduce pollution in San Francisco Bay.  I’ve contributed on at least seven civic committees, and spent nearly 12 years on the City Council, missing sessions only when hospitalized.

I’ve written my “Piedmontage” column in the Piedmont Post for 14 years, with the aim of providing a clear, easily read, discussion of significant issues facing Piedmont.  Nobody has ever accused me of inserting personal political biases into any of my hundreds of columns about Piedmont’s civic issues.

In closing, I want to say that I have a deep love for our beautiful city, and think it has been an honor to work with so many fine civic volunteers.  I especially want to say how much I appreciate our city employees.  It has been my privilege to spend time with our police, firefighters, and public works employees.  Our employees and our skilled management team make Piedmont the superb city it is.

The City Council and staff have important issues to deal with, from cell towers to labor negotiations to garbage service.  It would be unfair to the City and a personal betrayal of my principles and past efforts if I allowed this circus to continue distracting residents, the Council, and City Staff.  I also don’t need any more obscene hate mail or veiled threats of violence.

I apologize for helping create this situation.  Continuing to fight the situation might make me feel better, but will not help our community.

Therefore, I am tendering my resignation from the City Council, effective as of Tuesday September 5, 2017.  My best wishes to you and to my former colleagues on the Council.  I am grateful to the friends, former colleagues and everyday citizens who have reached out with their support and understanding.

Jeffrey Wieler, Former Mayor and Councilmember

August 30, 2017

______________

City Press Release:  August 30, 2017

Jeffrey Wieler Resigns from Piedmont City Council

On Wednesday, August 30th, Jeffrey Wieler resigned from the Piedmont City Council effective Tuesday, September 5, 2017.

Mr. Wieler was elected to the City Council in 2010 and 2014. He previously served on the City Council from 2002 to 2006. The text of Mr. Wieler’s resignation is available on the City’s web site at http://www.ci.piedmont.ca.us *

Contact: Paul Benoit, City Administrator   420-3040

Councilmembers will decide who Piedmont’s next mayor will be.

Councilmembers are elected to serve 4 year terms, unless they assume an unexpired seat on the Council. In Piedmont, there is a Council election every 2 years; one election chooses two individuals and the alternate election chooses three individuals. Piedmont’s next General Election will be in November 2018.

The Piedmont City Council elects the mayor from one of its members.  The mayoral selection usually follows a general election, unless there is an intervening vacancy as currently exists.  To become the Mayor of Piedmont requires the affirmative vote of three Council members.

The Mayor serves at the pleasure of the Council for a two year term, that is unless the Mayor position is vacated, as with the resignation of Jeff Wieler.

In recent decades, the mayoral selection has traditionally been based on the number of years served in relation to the top vote-getter for that election cycle. Typically, there is harmony in the selection process; however, this has not always been the case.

There have been mayor and vice mayor selections that were not unanimous.  In other instances, a Councilmember has been jumped over to choose a less tenured Councilmember, or one who did not receive the most votes in a cycle.

The Mayor is one of the Councilmembers and has only the powers provided by City Charter or by those given by the Council. 

It seems all Council members want to be the Mayor, even though the position is not administrative, the mayor acts in approving agendas, running Council meeting as any chair would, representing the City in various situations, and being an ambassador for Piedmont.  There are a few exceptions to these responsibilities.

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.

The selection of the mayor is a political process amongst the Councilmembers, who must adhere to the Brown Act during the consideration process, meaning a majority of the Council members can not meet outside of the public process to discuss their selection.

A vacancy currently exists in the position of Mayor.

Since the City Charter calls for a Mayor and a Vice Mayor, there is only an “acting mayor” when the Council elected mayor is “absent or disabled.”  The mayor is not now absent or disabled; the position is vacant. A vacancy is also described in the Charter, as when someone resigns, the current instance of Jeff Wieler’s resignation.

The Piedmont City Charter states:

(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.

No firm date has been set for Council consideration of a new mayor.

Councilmember Tim Rood has announced his request that the election of a mayor be scheduled on the September 5 Council meeting agenda.

Currently, Vice Mayor Bob McBain, the most tenured Councilmember other than Wieler, has assumed the responsibilities of the mayor.  The Council must make a decision on either choosing McBain or another Councilmember to become the next Mayor of Piedmont. If McBain is chosen as mayor, then another Councilmember will need to be chosen as Vice Mayor to replace McBain.

Councilmember contact information:

Piedmont Post Claim about Measure H1 Plan is Inaccurate –

The May 31, 2017 Piedmont Post headline asserts: “School Board to spend $57 million on one building; Balance of $9 million from H1 bond not enough to pay for theater.”  Apparently, the Post reporter or editor failed to read the memo to the Board setting forth what was included in “Option 2B,” which the Board approved.

The memo is available online as the supporting material for the May 24, 2017 Meeting Agenda, Item VIII.A,> https://agendaonline.net/public/Meeting.aspx?AgencyID=1241&MeetingID=44038&AgencyTypeID=1&IsArchived=False”

Among other things, it clearly states: “OPTION 2B 3-Story Main High School Building on Magnolia + New Theater.”  And it includes: “Modernize the vacated 20s building, converting antiquated science labs to general classrooms.”  And further: “($526,500 in FFE for 27 new or modernized classrooms),” which are the classrooms in the new STEAM building, new AHT [Allan Harvey Theater] and modernized 20s building.

At this point, these are all estimated costs.  However, Piedmont residents should understand what is actually included in Option 2B.

Richard Raushenbush, Former Member, Piedmont Board of Education

Editors Note: Opinions expressed are those of the author.

Students should determine the direction for the rebuilding of the High School.

by Cade Becker, Piedmont High School Senior –

The Piedmont Unified School District continues to receive feedback on their various plans to rebuild the Piedmont High School (PHS) campus using part of the $66 million funds provided by Bond Measure H1. On April 18th, I attended one of the New School Facilities Advisory meetings to see where the direction of the school was headed.

Architects and engineers hired for this rebuilding process came together and produced 3 potential plans with estimated total costs. Option 1 was to tear down and rebuild the theater, and to add in a new math, science and art 3 story building in the parking lot next to the gym. Option 2 was to tear down the theater and build the new 3 story building there, and afterwards tearing down the 10s building and adding the new theater there. Option 3 took on the idea of moving the gym. It throws the idea out to tear down the gym and build the new 3 story building in its place and move the gym to where the 10s building is now.

The overall majority of the meeting participants enjoyed Option 2 the best, however there was no set agreement on any option. Option 1 and 3 would compromise the view that the student body of PHS holds so dear, but Option 2 would create a 3 story building at the face of our campus looming over the rest. Most of the questions came from parents or other community members present.

After the controversial voter denial of Measure H, a plan to rebuild the theater, my assumption that the theater would be a sore subject was correct. There seemed to be many supporters for taking down the theater, but there were still others who did not deem it necessary.

As a member of the Piedmont High School Acting class, having performed in the PHS musical all four years in my high school career, participated in many other short plays and two Acapella reviews, I understand better than most that the theater is high priority. I am a strong advocate for the creation of the new theater. It is worn down, dangerous, not wheelchair accessible and more. Buildings can only be renovated so much before they need to be taken down completely, I believe the theater has reached this point. Option 2 is the best of the three because it solves the most issues within the school and creates a face that Piedmont High School lacks.

In an interview with Donna Meir, a parent who has children in the Piedmont schools, I was able to grasp an alternative view on the subject. Intending to continue her involvement with the process, she said, “This is a great process. These options sparked a dynamic conversation between community members, and I appreciate the discussion. It was a great thing to see the community so involved.” Fortunate to be a part of the conversation, I gave my opinions to her as well as others at my table.

 I believe that the direction of the High School should largely come from the student body. The students attending the High School should be more involved in the conversation than parents, or other community members because they are directly affected. The students present at this meeting gave the best opinions and ideas for the rebuilding of the school. This process needs to be more in their hands rather than the community itself.

Editors Note: Opinions expressed are those of the author.

During the town hall meetings the School District will ask the community to consider questions such as:

•  What do you like/dislike about each concept design?
•  Which of these concept designs best meet our educational goals and priorities?

•  Do you have another concept design that fits within the constraints of the budget, site topography, etc.?
  A short video that provides an overview of three concept designs for new high school STEAM facilities can be viewed here > https://youtu.be/lOhWHostJYc  
• More detailed information about each of the three concept designs can be viewed here >https://goo.gl/WkfFfe  
• Additional town hall meetings will be held next year to discuss elementary school classrooms;
• The three upcoming town hall meetings will focus specifically on concept designs for the high school.Those who can’t attend one of the three town hall meetings can go to the Measure H1 website — > www.measureh1.org — to learn about and provide comment on the concept designs.
• Community feedback on the concept designs will also be accepted at the Piedmont School Maker Faire on April 23, 11:00 a.m.- 3:00 p.m. at Piedmont High School.
• “The District’s paramount goal is to provide an extraordinary education that prepares students for higher education and careers, and STEAM education is at the forefront of these efforts.  STEAM courses emphasize critical reasoning, computational thinking, and skills to articulate and defend ideas. These skills are essential for nearly every career in today’s economy and, regardless of future education and careers, these skills are essential for life in the digital age. “With voter approval of Measure H1, the District looks forward to modernizing labs and other infrastructure to support robust STEAM education, now and in the future,” said Superintendent Booker.”
  

  $66 M Bond funds may be used to:

•  Construct new high school facilities to support instruction of Science, Technology, Engineering, Arts, and Mathematics (“STEAM”).
•  Renovate or replace school facilities to support student learning and upgrade antiquated mechanical, electrical, plumbing, and ventilation systems.
•  Add elementary classrooms for extended-day kindergarten.
•  Implement energy-efficiency measures to reduce operating expenses and mitigate environmental impacts.
•  Enhance campus security across all campuses.

Comments may be sent to the School Board by going to >  http://www.piedmont.k12.ca.us/board-of-education/members/