HomeMy WebLinkAboutCity Councilmember Pam Houchen submitted her written resigna•
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CITY OF HUNTINGTON BEACH
Inter -Department Communication
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TO: HON. MAYOR GREEN AND MEMBERS OF THE CITY COI.MCIUT~;
FROM: JENNIFER McGRATH, CITY ATTORNEY ;
SUBJECT: Legal Requirements To Fill Vacancy On City Council
DATE: September 2, 2004
INDEX: Elected Officials; Appointment Of Officers; Brown Act;
City Charter Section 312
City Councilmember Pam Houchen has submitted her written resignation, effective September 2, 2004.
The following legal requirements apply to the appointment of a new City Councilmember.
Section 312 (a) of the City of Huntington Beach Charter states "Vacancies. A vacancy in the City Council
or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled
by appointment by the City Council." And Section 312 (c) of the City of Huntington Beach Charter states
"Replacement. In the event it shall fail to fill a vacancy by appointment within 60 days after such office
shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for
the remainder of the unexpired term. "
Based on the Charter, the City Council may appoint a person to serve the remainder of Ms. Houchen's
unexpired term, which ends on December 7, 2004. Since Ms. Houchen's resignation is effective
September 2, 2004, the Council has until November 1, 2004, to fill the vacancy by appointment.
Coincidentally, the last regularly scheduled Council meeting prior to the expiration of the sixty-day
period is November 1, 2004. If the Council does not make an appointment to the position by November
1, 2004, it must forthwith cause an election to be held to fill the vacancy. However, based on our initial
review of state law, it appears that the earliest date for such an election would be March 8, 2005, well
after the end of Ms. Houchen's unexpired term.
Please note that the Brown Act specifically requires that all discussion for the appointment of an elected
official take place in open session. The exception that exists to allow closed session discussion of
personnel matters does not apply to the appointment of an elected official. (Gov't Code Section
54957(b)(4).) The appointee's term will expire on December 7, 2004.
JENNIFER McGRATH
City Attorney
cc: Penelope Culbreth-Graft-, City Administrator
Bill Workman, Assistant City Administrator
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PDA:2004 memos: Legal requirements for replacement of councilmember
City oHuntington Huntiton96acha
2000 MAIN STREET �'C� FORNIA 9 a
Pam Houchen
City.Council Member
September 1, 2004
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Honorable Mayor and City Council Members
City of Huntington Beach v
2000 Main Street
Huntington Beach, CA 92648
Dear Mayor and City Council .Members:
Effective September 2, 2004, 1 am resigning my position as a Huntington Beach
City Council Member due to personal reasons.
Sincerely,
Pam Houchen
Xc: Penny Culbreth-Graft, City Administrator
Bill Workman, Assistant City Administrator
Joan'Flynn, City Clerk
This document was not part of the C-4a Item
submitted to Council 9/7/04 — For reference only
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