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

At the July 5, 2016 Council meeting, Bob McBain was chosen unanimously to become Piedmont’s Vice Mayor.  Jeff Wieler will continue as Piedmont’s “Acting Mayor.”

Following the November 2016 General Municipal Election, the Council will elect from the Council a Piedmont Mayor and a Vice Mayor to serve for two years.

Nomination papers for prospective candidates for November 8, 2016 General Municipal Election will be available from the City Clerk, John Tulloch – 

Beginning Monday, July 18, 2016 and must be returned no later than 5:00 p.m. on Friday, August 12, 2016

If an eligible incumbent fails to file, the deadline is extended to August 17, 2016 (Elections Code Section 10225.)

State law requires that nomination papers be issued in person by the City Clerk. Also, papers must be returned to the City Clerk, who will stamp the documents as received. Because of these requirements, the documents required for candidacy will not be posted to the web site.

The purpose of the General Municipal Election scheduled for November 8, 2016 is election of two (2) members of the City Council, for a regular term of four (4) years, and three (3) members of the Piedmont Board of Education for a regular term of four (4) years.

Also, on the November 8 ballot is a bond measure for the Piedmont Unified School District.

Candidate Deadlines –

• Monday, July 18, 2016 First day to File Nomination Papers for the November 8, 2016 General Election <
• Friday, August 12, 2016 Last day to File Nomination Papers for the November 8, 2016 General Election <

• School Bond Measure Deadlines –

• Wednesday, August 17, 2016 Last day to File Direct Arguments For/Against a Measure for the November 8, 2016 General Election <
• Monday, August 22, 2016 Last day to File Rebuttal Arguments For/Against a Measure for the November 8, 2016 General Election <

Read City staff report here. <

For more information, contact City Clerk John Tulloch at 510/420-3040.

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. )

After assessing Piedmont Unified School District needs and the ability by law to further indebt the residents of Piedmont, the Piedmont School Board on June 22, 2016 voted to place a $66,000,000 bond measure on the November 2016 ballot.  Actual cost of the bonds including interest is estimated at $118,729,017 with a term not to exceed 30 years.

Unlike the recently approved City parcel tax ballot measure, school bonds require 55% by approving voters rather than 66.6% required for the City tax measure.

A survey conducted by the District showed 70% support of a bond measure indicating the bonds will likely be approved by Piedmont voters.

Applications are due at City Hall by 5 p.m. July 13, 2016 

A July 19, 2016 interview is required of all applicants.

Applicants  can:

• Prepare a thorough and timely application including their experience and pertinent background.

• Read the City Charter
• Read the General Plan
• Read the Climate Action Plan
• Read Chapter 17 of the City Code
• Read the City Budget and Financial projections

• Familiarize themselves with recent and current issues faced by the Council

Prior PCA article > here.

City information and requirements > here. 

Contact City Clerk John Tulloch at 510/420-3040 with questions.

Piedmont voters will be asked to approve a $66 million school bond at the General Election on Tuesday, November 8, 2016.

Piedmont Unified School District (PUSD) Board member Rick Raushenbush noted that the $66 million figure will not cover all the unmet needs. The campaign in support of the vote for the bond will be co-chaired by Claire Amo and Chad Olcott.

Also on the November ballot will be the election of two PUSD Board members.

Finalization of the Bond Measure will be considered by the Board at approximately 8:00 p.m., Wednesday, June 22.   The meeting open to the public will be broadcast live from City Hall on Channel 27 and also from the City website under online videos.

Read the full > agenda  and staff reports for the June 22, 2016 Board of Education meeting.

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Residents may comment to the School Board by sending an email to the link below:

Superintendent Randall Booker    >  rbooker@piedmont.k12.ca.us
594-2614

Read East Bay Times report  > here.

Unconfirmed application deadlines for Council vacancy:

 Application: July 13th          Interviews: July 19th

On June 20, 2016, the last item on the Council agenda addresses the process for selection of an appointed Council member to replace resigning Mayor Margaret Fujioka to serve until December 2016.  The appointee under the City Charter will be able to seek a full four year term at Piedmont’s Municipal Election in November 2016.

City Administrator Paul Benoit makes the following recommendations to the City Council.

Consideration of the Process for Filling the Council Seat Vacated by the Impending Resignation of Mayor Margaret Fujioka

RECOMMENDATION:

1. Direct the City Administrator and City Clerk to solicit applications for the Council vacancy that will be created when Mayor Margaret Fujioka’s resignation becomes effective on June 21, 2016.

2. Set the deadline for applications at 5:00 p.m. on Wednesday, July 13th

3. Schedule a Special City Council meeting to interview applicants and consider the appointment for Tuesday, July 19th.

BACKGROUND

On June 8, 2016, Mayor Margaret Fujioka delivered a letter addressed to the City Council and City Administrator announcing her intent to resign from the City Council effective June 21, 2016.

When a seat on the City Council is vacated for any reason, the City Charter spells out the way in which the unexpired vacancy is filled.

Within thirty (30) days from the date of a vacancy, the City Council must take action to appoint a successor who serves until the people vote for a new Councilmember at the next regular municipal election.

If the Council fails to act within 30 days, the Mayor is empowered to name a successor.

To be eligible to serve on the City Council, a person must meet three requirements.

• First, the person must be a qualified voter in the City.
• Second, the person must not hold any other office or employment with the City.
• Third, due to the Charter’s term limits provision, the person must not be a former Councilmember who served two full terms and left office in either 2012 or 2014.      
• Given Mayor Fujioka’s declared resignation date, the Council appointment of a successor must take place no later than Thursday, July 21, 2016.
• The appointee will serve until the results of the General Municipal Election of November 2016 are certified, which likely will take place at the first Council meeting in December.
• If the appointee desires, they will be eligible to run for two full terms on the Council, as they will have served fewer than eighteen months as an appointee.
• The Charter specifies that any person who serves as a Councilmember for more than 18 months is considered to have served a full term under the city’s two term limit.
• The Charter also addresses the issue of a vacancy in the office of the Mayor, as will occur in this instance. It states, “The Vice-Mayor shall act as mayor during the absence or disability of the Mayor.” This means that Vice Mayor Wieler will act as Mayor until the Council selects a new Mayor and Vice Mayor after it certifies the results of the November election.
• Once Mayor Fujioka’s resignation is effective, the Council may wish to take action to elect a Vice Mayor to serve until the certification of the November election.
• Considering the July 21st deadline for Council action on an appointment, I would recommend that the Council consider moving forward with a public process for filling the vacancy similar to the process used to fill vacancies on Commissions and Committees. Specifically, I would suggest that the Council authorize the City Clerk to issue an Official Notice of Vacancy and solicit applications for the open position, with an application deadline of 5:00PM on Wednesday, July 13th.
• In order to dedicate sufficient time to meet with prospective candidates, I would recommend that Council hold a special meeting to conduct interviews. Given the benefit of notifying candidates of the interview schedule as a part of the application materials, Council should set an interview date at tonight’s meeting. I would recommend the special meeting for interviews on Tuesday, July 19th. With this schedule, applicants will have an ample period to complete and submit their applications. In addition, if Council needed additional time to consider the applications, additional meetings could be held on the 20th and 21st . 

The Council meeting will be broadcast live on Channel 27 and on the City website under online videos.  Interested applicants should confirm deadlines and processes with Paul Benoit, City Administrator or John Tulloch, City Clerk, who can be reached at 510/420-3040.

Piedmont’s mayor, Margaret Fujioka, was elected in an uncontested race  to the Alameda County Superior Court on June 7, 2016. Although her term on the Court does not begin until January 2017, Fujioka has announced that she will resign her City Council position on June 20, 2016.  Her Council term extends to November 2016.

The City Council or Mayor is required to fill the vacancy. The appointed Councilmember will remain on the Council until the next election,  the Piedmont Municipal and California General Election is November 2016.   If the Council fails to make an appointment within 30 days following Fujioka’s resignation, the new Mayor (who will be elected by the Council) is responsible for making an appointment to fill the vacancy.

The Piedmont City Councilmembers have not made a determination on their approach to fill the vacancy. This will be scheduled for an upcoming Council meeting.  In past years when vacancies have occurred, the Council has opened the process up to all interested Piedmont registered voters.

Applicants have then been publicly interviewed and an individual chosen openly by the Council to complete the unexpired term of the vacancy. In this instance, the individual chosen would then have an opportunity to seek a 4 year term on the City Council at the November 2016 Election.

Currently, the Vice Mayor is Jeff Wieler.  The City Council will determine the next mayor. Piedmont mayors are elected by the Council from the Council and serve at the pleasure of the Council.

The City Charter states (emphasis added):

1. (1)  lacks at any time during the term of office any qualification for the office prescribed by this Charter or by State law;
2. (2)  violates any prohibition of this Charter; or
3. (3)  is convicted of a crime involving moral turpitude.

(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.