07 Staff Report
PREPARED BY: Robert Schultz
Town Attorney
Reviewed by: Town Manager and Assistant Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/04/2020
ITEM NO: 7
DATE: January 30, 2020
TO: Mayor and Town Council
FROM: Robert Schultz, Town Attorney
SUBJECT: Adopt a Resolution Calling for a Special Municipal Election on November 3,
2020 for the Election of an Unexpired Term of One Council Seat through
December 2022
RECOMMENDATION:
Adopt a Resolution (Attachment 1) calling for a special municipal election on November 3, 2020
for the election of an unexpired term of one Council seat through December 2022.
BACKGROUND:
Effective December 20, 2019, Steve Leonardis resigned his position as a Councilmember.
Government Code Section 36512 sets forth the requirements relating to filling vacancies for an
elective office. Subdivision (b) of that section provides two options that the Town can utilize to
fill a vacancy in an elective office within 60 days from the commencement of the vacancy: 1) fill
the vacancy by appointment; or 2) call a special election to fill the vacancy.
On December 17, 2019 the Town Council decided to call a special election to fill the vacant
Town Council seat.
DISCUSSION:
Since the Town Council has decided to call a special election to fill the vacant Town Council seat
it must adopt a resolution (Attachment 1) calling the special election (Elections Code Section
12001) within 60 days of the vacancy. Government Code Section 36512(b)(1) states, “If the
Council calls a special election, the special election shall be held on the next regularly established
election date not less than 114 days from the call of the special election.” A recent amendment
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SUBJECT: Calling an Election to Fill the Vacant Council Position
DATE: January 30, 2020
DISCUSSION (Cont.):
to State Government Code sets forth those dates that are deemed a “regularly established
election date” and the next such date is Tuesday, November 3, 2020.
CONCLUSION:
Town Council has decided to call a special election to fill the vacant Town Council seat and now
must adopt a resolution (Attachment 1) calling the special election within 60 days of the vacancy.
Attachment:
1. Resolution Calling Election to fill vacant council seat