Council Flips On Appointment
So many applicants, so little time
By Sondra Murphy
Tuesday’s meeting of the Ojai City Council was a bit anti-climactic. After voting 3-2 last month to appoint a replacement for the exiting Joe DeVito, the council reversed its decision Tuesday night and voted 3-1 in favor of holding a special election.
Finding a council member replacement has been a focus of the city since DeVito’s October announcement of his resignation effective Dec. 31. DeVito’s term would have naturally expired in 2010. His successor will therefore only fill the position through the next general election and so will need to run as a candidate on the November ballot to have a chance of continuing on the council.
Councilwomen Carol Smith and Betsy Clapp voted in the minority back in December, both supporting an election to fill the position. DeVito and Council Members Sue Horgan and Steve Olsen voted in favor of appointment, citing the time line and important issues needing the council’s immediate attention, such as fiscal concerns, Skate Park construction and Libbey Bowl renovation.
The council members acknowledged that the approximate cost of including a special election on the June primary ballot, estimated at $6,000, was not a lot compared with an individual special election, which would likely be between $30,000 and $36,000.
A June election means that a new council member would not be sworn in until July or August for a seat that will expire within a few months.
Since the decision for appointment, six city residents have applied. Ojai Unified School District board member Pauline Mercado submitted her application late Tuesday afternoon, joining Paul Blatz, Demitri Corbin, Mike Lenehan, Leonard Klaif and John Mirk. Blatz and Klaif are both attorneys active in the local community, while Corbin, Lenehan and Mirk serve on other city commissions.
Smith, who had voted for election, believed that the council should go through with the appointment process out of respect for the applicants. Mayor Olsen had spent time and energy developing the process to be used but was willing to discuss a change in how the position should be filled.
But it was Horgan who moved to reconsider. “We now have six very well-qualified people,” she said. “I want to discuss with my colleagues whether the city has been served well and if the applicants have been served fairly. Unfortunately because we didn’t put a time line on when the applications were due, not every applicant has had a chance to talk to us.”
“I don’t see how we can back pedal at this point,” Smith said. “I feel we really have no choice but to go through with it.”
Olsen said that he has had many discussions with constituents since the appointment decision and felt swayed by their arguments in favor of election.
The council listened to public comment. Ojai Valley Municipal Advisory Council Member Jerry Kaplan spoke in favor of appointment. “I come before you as one who believes in the election process,” he said. “We’re dealing with the ideal vs. the practical. This council has many important issues to deal with now, not six months from now, not nine months from now … By not appointing somebody now you are losing 20 percent of the mental input plus the expertise, plus the potential of having a split vote.”
Like most of the speakers, Ojai Valley Chamber of Commerce CEO Scott Eicher said the members continued to support letting the voters decide DeVito’s replacement. “The chamber urges you to proceed with a special election,” he said.
“But what about the people who showed up to speak,” asked Smith. “It’s like you show up and have the rug pulled out from under you. I’d like to hear from the applicants.”
“I disagree,” said Olsen. “I think this decision from the very beginning has been the council’s decision.” He said he would allow the applicants to speak following a decision about reconsidering, which was then unanimously supported by the council.
Among the applicants, only Corbin chose to speak, stating that he applied in order to have some cohesion in the months leading up to the November election. “I jumped into this fray because I knew that there were important issues and to finish what has been started from someone who knew the history,” he said. “To go through an election process will take me away from other work that I am doing for the city.”
Following public comments and council discussion, the members voted in favor of putting the item on a ballot. Smith cast the dissenting vote.
Horgan then moved for staff to come back to the Jan. 26 meeting with the necessary resolutions.
City attorney Monte Widders offered legal opinion about several technical questions, including split votes and quorum count. “If you deadlock, then no action is taken,” he said and added that even on a four-member council, three is considered a quorum for discussing business items. He also said the time line has been met for inclusion on the June ballot, but time was of the essence.
City Clerk Carlon Strobel said documents would need to be submitted to the county by Feb. 1 and the nomination period for June primary election inclusion would be Feb. 13 through March 12. She will return to the next meeting with more information about the time line and ballot process. That meeting is scheduled for Jan. 26 at 7:30 p.m. at Ojai City Hall, 401 S. Ventura St.
yes, sorry, i got a little bit carried away!
“Suza” please I think you are past your limit on postings. Give us a break, we like you but too much of a good thing, you know?
re ‘member of the public’…?
Thanks anonymous — that is not quite what I meant to say. What I meant by my earlier comment was that I am not a legal expert. But you are right–even legal experts are “members of the public…”
‘member of the public’…?
A friend reminded me that the third option is what they did in Massachusetts with regard to Ted Kennedy’s seat; they appointed someone to fill the vacancy until a special election could be held to finish out the term.
If Sue is elected Ventura County Treasurer in November, won’t there be a vacancy with two years left on the term?
Doing a little research,(as a writer and curious member of the public) I discovered there is a third option. It is much more complex (requires adopting an ordinance) and seems only worth considering if a councilmember quits at the beginnning or middle of their term:
“As it exists now, the Council has only two options under the law:
(1) appoint a successor; or
(2) call a special election so the voters may elect a successor.
A third option could be available if the City Council calls a special election. The City Council could enact an ordinance by which the Council would make an interim appointment to serve until a special election is held, the winner of the special election would serve the remainder of the term.”
Source: http://www.ci.brentwood.ca.us/citycouncil/pastagenda/packet_2005/ccap20050111/ccap20050111_28.cfm
“The procedure for filling the vacancy of an elected official, who vacates office prior to the expiration of his/her elected term, is governed by section 36512 of the Government Code.
Specifically, Government Code section 36512(b) provides that if a vacancy occurs in an elective office before the natural expiration of the term, the city council must, within thirty days, either appoint a replacement for the remainder of the term, or call a special election to fill the vacancy.
If the council decides to call a special election, it must “be held on the next regularly established election date not less than 114 days from the call of the special election.”
Whether appointed or elected, a replacement will serve only for the unexpired portion of the original term.”
I went to the City web site to try to find the legal basis for having to fill the vacancy but, as of today, (1/15/2010)the posted minutes only go back to October 27, 2009. With six qualified candidates eager to fill the vacancy, not filling the seat was not an option. The council realizes that having an election in both June and November is not an ideal situation, but it is an attempt to be fair and serve the best interest of the public.
As far as the length of time being only a few months, if the person elected in June does a good job and wants to run in November (which is most likely the case), it is almost certain that they will be reelected to serve a full four-year term.
Anon 10:32 p.m.,
The only disappointment is your closed mind. Take a deep breath and envision the reality of Ret. Lieut. John Doe organizing the last survivors for one final battle against the great machine. A hero to the end. This is the battle prophesized in 2012 Mayan literature. It is not the end of the world, but the dawning of a new day in which I will organize the few survivors to carry forward the one principle that can undo the mess we’ve created: “Identify the problem and create the solution in sixty seconds or less.”
It took me just under 9 seconds to determine the election should be held in November. It takes the others here months to go back and forth in their unsure minds whether to appoint, elect now, or elect later. This, my fellow patriots, is the problem. The Truth Coalition, and the principle it espouses, is the solution.
Ret. Lieut. John Doe
Ojai Truth Coalition
I second that!
And they can apply the funds towards the infant program that’s helping our citizens. They’re willing to become self supporting. That would be a generous and encouraging offer to those who are willing to help themselves.
Since the city may have to already dip into funds, perhaps leaving the seat vacant for the two months will assist with our deficit? We’ll save on the seat and also on the expenditure for the election. While it doesn’t seem like a huge expense ($6,000 est vs. 30,000 previously quoted) it would still help. Surely the council can function that long without a 5th.
Will we need another one of these fire drills when Sue leave us for the county job? She has declared an other interest she should go and let the city avoid this fiasco as second time this year. Leave now and have 2 candidates on the June ballot.
I didn’t realize John Doe was such a dummy until now that he laid out his political stance. How disappointing. You probably really do believe, as you put it in another post, in the Mayan end-of-the-world scenario of 2012.
stop being a shill Suza…
PS To Democratic Party:
If you go back to the November/December issues of the OVN’s you will see that Lenny announced his candidacy to either run for the vacant seat or to apply to be appointed, long before anyone else stepped forth.
Democratic Party said:
“How did the “Club” have a chance to adequately evaluate all the potential candidates? Most of them only recently entered the race – with more to come.
Sounds like the “Club” is just a rubber stamp for Lenny Klaif!”
Lenny Klaif announced his candidacy the moment he found out that there would be a vacancy. If you read my note above, it clarifies that they might revisit his endorsement now that there will be an election and other candidates have stepped forth.
Dear Readers,
Nobody should pay for this stupid election. Who really cares if the fifth seat remains vacant for a couple of more months? Has the council been able to function without the fifth member? Obviously, since this article is about a council vote.
The Truth Coalition endorses Anon.5 for president. As many know my story, I am constitutionally prohibited from running because I was born on an island off of South America.
Fred R.,
I do not share the same views on a number of issues as Suzie. For instance, I along with the majority of the scientific community, know that Global Warming is a myth created to create new markets and institute the new world order.
Michele,
I did read my post. Pure genius.
Ret. Lieut. John Doe
Ojai Truth Coalition
Fiscal Conservative
Mastermind
Will try to respond to recent Comments quickly one at a time. Am hoping that in the future Comments will be automatically numbered to avoid confusion.
Anonymous asked:
“Suza now that there will be an election will you be interested in running for the open seat? You do have the experience and Ojai could use that. The learning curve to the council is quite steep as we have seen with the last new member who has struggle to keep up with the issues.”
I appreciate this Comment! I have no plans to run in the special June election for the one open seat. But I’m open to the possibility of running in the November election when there will be three open seats.
The Ojai Democratic Party will endorse Suza!
when last i heard the ODC had four members and their prez will endorse anybody as p.r..
“Joe Devito should pay for the special election since he pulled a Palin and left before his term ended. There’s a lot of talk in Ojai these days about keeping one’s promises, and Joe didn’t keep his to the electorate.”
Didn’t our President do the same thing, along with the Vice President?
How did the “Club” have a chance to adequately evaluate all the potential candidates? Most of them only recently entered the race – with more to come.
Sounds like the “Club” is just a rubber stamp for Lenny Klaif!
Suza now that there will be an election will you be interested in running for the open seat? You do have the experience and Ojai could use that. The learning curve to the council is quite steep as we have seen with the last new member who has struggle to keep up with the issues.
The Ojai Valley Democratic Club endorses Lenny Klaif for the vacant seat.
The Club passed a resolution in December calling for a special election in June. This resolution also stated that if the council voted to appoint, that they would like to see the council appoint Len Klaif.
With these new developments, the Club will be voting again in March, after the deadline to file for the special election, on whether to revisit the endorsement. Some of the current six candidates might drop out and new candidates might step in.
As the Ojai Democratic Club(?!) endorsed anybody yet?
Earth friend Gen doesn’t have a broader anything. Not much to look at, will the rest of the council be naked too? Oh my!
I’m in agreement with Hey Brad. Promises broken seem to be the “Theme” of Ojai lately. Circumstances beyond Mr. Devito’s control is an understandable reason to bail out on a contractual obligation to our city, but his sudden departure should NOT cost the city money it doesn’t have. Or even money it does have. Why not put a crash test dummy in his seat, leave the position abandoned for the few extra months and save the money for the end of term party and reelection. This is everyone’s city, not just the council members.
She would have a broader platform to espouse the virtues of nakedness. Plus watching all the members on TV would be so much more interesting!
I don’t have the exact figure of the current monthly City Council stipend at my fingertips (around $500) but councilmember Carol Smith pointed out at the December meeting that not having a fifth member for about seven or eight months will almost cover the cost of the election. (8 x $500 = $4,000).
Joe Devito should pay for the special election since he pulled a Palin and left before his term ended. There’s a lot of talk in Ojai these days about keeping one’s promises, and Joe didn’t keep his to the electorate.
John Doe, the other items in your Comment re salaries and length of term, are also inaccurate.
John Doe, please read before you post.
The cost will NOT be $30,000; as the election will be held as part of the June primary, the cost to the City will be between $5,000 and $6,000. One can still debate whether the council should have appointed a candidate, scheduled the election or left the seat vacant until January (if part of the November election, but the facts should be accurate.
Len Klaif
Mr. Doe, You should be Suza’s campaign manager!
What an absoulute waste of money!!! Over $30,000.00 to hold a special election for a council member whose term will expire two months after being sworn in? It amounts to a rent-a-member at $15,000 a month. What a joke!!
Salaries of current members: $0.
Cost of Special Election: $30k.
Length of Service for new member: two months.
Sum of incompetency of inept board: Bankruptcy.
YOU DO NOT NEED A FIFTH MEMBER TO CONDUCT BUSINESS!!! SO WHAT IF YOU CAN’T PASS ANYTHING!!!
A HAMSTRUNG GOVERNMENT IS A GOOD GOVERNMENT!!!
Ret. Lieut. John Doe
Ojai Truth Coalition