The City Charter calls for the City Council to elect a Mayor and a Vice Mayor. The Former Mayor resigned the position leaving the seat vacant not “absent or disabled.”
Piedmont currently has two Vice Mayors, Vice Mayor Jeff Wieler, called the acting mayor, and Vice Mayor Bob McBain. Both Wieler and McBain hold the Council elected position of Vice Mayor.
The Council did not rescind Wieler’s election as Vice Mayor prior to electing a second Vice Mayor, McBain, at the July 5, 2016 Council meeting. Two Vice Mayors are not authorized by the City Charter. Additionally, there is no position designated in the Charter as an “Acting Mayor” to fill a vacancy.
The newly coined title of “Acting Mayor” lacks the recognition that “Mayor of Piedmont” presents.
Jeff Wieler should be elected by the Council to be the Mayor of Piedmont with Bob McBain, continuing as the Vice Mayor.
The vacancy in the Mayor position was created when former Mayor and Council member Margaret Fujioka was elected Alameda County Superior Court Judge in June 2016 and unexpectedly resigned on June 21, 2016. Fujioka is not “absent or disabled.” She is no longer on the City Council and has no standing on the Council. Her former position as Mayor/Council member is vacant not “absent or disabled.”
The 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. Emphasis added.
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The draft July 5, 2016 Council minutes state:
Election of Vice Mayor
City Administrator Benoit stated Vice Mayor Wieler had assumed the office of Acting Mayor, leaving the office of Vice Mayor vacant. He recommended the election of a Vice Mayor to ensure continuity in case the Acting Mayor is absent or otherwise unable to perform his duties. Mr. Benoit indicated that the Vice Mayor elected tonight would serve until the certification of the results of the November 8, 2016 General Municipal Election.
Public Testimony was received from: Dimitri Magganas indicated support for Mr. McBain serving as Vice Mayor. The Council discussed Councilmember McBain’s leadership skills.
Resolution 62-16 RESOLVED, that the City Council City Council elects Robert McBain to serve as Vice Mayor of the City of Piedmont until the results of the November 8, 2016 General Municipal Election are certified. Moved by King, Seconded by Rood Ayes: King, McBain, Rood, Wieler Noes: None