Legislative Public Meetings

File #: 16-0383   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 4/19/2016
Title: Adopt two Resolutions: (1) Declaring Councilmember Seat Number 4 Vacant and (2) Calling a Special Municipal Election to be held on Tuesday, August 16, 2016 for the Purpose of Filling the Vacancy in Councilmember Seat Number 4 for the Unexpired Term, Requesting Election Services from the Santa Clara County Registrar of Voters, Providing Regulations for Candidates' Statements and Determining to Levy Costs of Candidates' Statements
Attachments: 1. Resolution Declaring Vacancy, 2. Resolution Calling a Special Municipal Election, 3. Resignation Letter
REPORT TO COUNCIL

SUBJECT
Title
Adopt two Resolutions: (1) Declaring Councilmember Seat Number 4 Vacant and (2) Calling a Special Municipal Election to be held on Tuesday, August 16, 2016 for the Purpose of Filling the Vacancy in Councilmember Seat Number 4 for the Unexpired Term, Requesting Election Services from the Santa Clara County Registrar of Voters, Providing Regulations for Candidates' Statements and Determining to Levy Costs of Candidates' Statements

Report
DISCUSSION
On April 4, 2016, City Councilmember David Whittum formally submitted a letter of resignation to the City Clerk, effective April 4, 2016.

Councilmember Whittum was elected to serve as Councilmember Seat Number 4 on November 7, 2007. He began his first term in January 2008, and was re-elected November 8, 2011. After Sunnyvale voters approved a charter amendment in November 2013 to change from odd-year to even-year elections and extending current terms by one year to accommodate the change, his second term was scheduled to end January 10, 2017. Mr. Whittum would not have been eligible to run for an additional term in the November 8, 2016 election due to the two-term limit specified in the Sunnyvale City Charter.

Pursuant to Sunnyvale City Charter Section 604, when a Council vacancy occurs, the Council must officially declare the seat vacant within 30 days and call a Special Municipal Election to fill the vacancy for the unexpired term. Other provisions apply when the vacancy is created by the death or other involuntary removal of the member. The Charter allows for the special municipal election to be consolidated with a general municipal or statewide election, if such an election is scheduled within 180 days of the declaration of the vacancy. However, in this instance, an election to fill the vacancy does not qualify for either of the two upcoming Statewide General Elections. The date by which the Council must have consolidated the special municipal election with the June 7...

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