Ordinance for replacing a council member

Courtesy of Ishan Shah:

Municipal Code, Title II, Chapter I (City Council & Mayor), Section 2-1106: Filling Council Vacancies.

This section provides for the following:
(a) If a vacancy occurs in an office of councilmember or in the office of mayor, the city council shall, within 30 days from the commencement of the vacancy, fill the vacancy in accord with the provisions of this section.

(b) The city council may appoint a person to fill the vacancy, to hold office until the date of the certification of the results of a special election which will immediately be called to be held on, either the date of the next regularly established election or on the date of the next regularly scheduled municipal election, to be held throughout the city and not less than 90 days from the call of the special election.

(c) If the city council fails to appoint a person to fill the vacancy, the city council shall immediately call a special election to be held on the date of the next regularly established election.

(d) Notwithstanding subsections (b) and (c), a special election called to fill a vacancy caused by a recall of a councilmember or mayor shall be called in accordance with Elections Code Section 27333.

Matt Artz


  1. The balance of the Council voting power is now in play – and will in all likelihood be determined on November 2, 2010 (i.e., assuming BW wins the assembly race – which looks obvious).

    So, the race for Anu and Bob’s two seats is now a race for three seats and/or a majority vote on the Fremont City Council.

    Situations like this, where grave injustices can be addressed at the ballot box, don’t come along that often – or at least often enough! Let’s not blow this chance to clean house.

    For me the “litmus test” is easy: WILL YOU CAN FRED?

  2. Correction to above: the “race for Anu and Bill’s” two seats….

    Also, with regard to canning Fred I believe there is more than enough “cause” for termination so that he won’t be able to get his 250k+ “golden parachute” severance pay.

  3. With 9496 votes, perhaps they should appoint Yee.

  4. Thanks to the guy who is NOT a contender for the vacant council seat for that conclusive bulletin of information. I was wondering why the Mayor or the intrepid reporter didn’t bring it up.

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