Councilman Bob Elliott is leaving the city council for his new seat on the Board of Supervisors. Press file photo
Elliott won the 5th District seat on the county board of supervisors by defeating Tracy Planning Commissioner Rhodesia Ransom in the Nov. 6 election. He has completed two years of a four-year term and must resign his council position before accepting his new office, according to state election law.
California election code states that the City Council must appoint a replacement, or call an election to determine a replacement, within 60 days of the vacancy.
Tracy Assistant City Clerk Carole Fleischmann said there are a few scenarios that could result if the City Council chooses to appoint Elliott's replacement.
A council member was most recently appointed in 2006, when then-councilman Brent Ives was elected mayor of Tracy — a position to which he was reelected Nov. 6, running unopposed.
In 2006, the council solicited applications from residents and conducted interviews before choosing Steve Abercrombie from a field of 10 applicants. Abercrombie did not appear on the ballot that year, but he was elected to the council in 2008 and chose not to seek re-election this year.
Fleischmann said the council could employ a similar system this year, or it could decide to appoint the person who received the third-most votes in this year’s race for two council seats.
That would be Ray Morelos, who finished behind council newcomer Nancy Young and incumbent Michael Maciel, who won a second term.
According to Assistant City Attorney Bill Sartor, any vote concerning an appointment would be taken in open session, though a subcommittee of two council members could meet outside a public session to interview candidates, he said.
If the council lets voters decide during a special election, it’s still unclear when that would be held, Fleischmann said. The city clerk’s office is responsible for scheduling such an election within the 60-day window created when Elliott officially resigns.
She estimated the cost to the city would be $5 per registered voter, and with about 33,000 registered voters in Tracy, Fleischmann’s estimate means a cost of about $165,000. However, Austin Erdman, San Joaquin County Registrar of Voters, said Tuesday, Nov. 13, that the cost could reach $250,000.
The timing of Elliott’s resignation could influence who decides the city’s course of action.
Fleischmann expects that Maciel, Young and Ives will be sworn into their offices during the Dec. 4 council meeting.
If Elliott resigned after that date, Young would join Maciel, Ives and Councilman Robert Rickman in casting votes regarding any appointment or election.
Elliott did not immediately respond to a request for comment regarding this story.
• Contact Jon Mendelson at 830-4231 or jmendelson@tracypress.com.
"i see what is happening, the autocorrect on my computer is changing mr d cose's name to DOSE, kinda funny in a way.....DOSE of mr cose...."
"meant DOSE"
"DOSE gives so many judgements, mostly negative, and tries to force his argument without having the ability to see the other persons point of view....."
Your inability to venture beyond parroting party propaganda frames you... and as such, you have become a parody. As about the Looneyest of Tunes here, you consistently make an exceedingly popular target. I'd offer... more thought on your part before hitting, "Post Comment", but... never try to teach swine to sing. It wastes your time and it annoys him.
:-)
Doubtful but here's an example of how it should work. Last week I made a comment referring to all the things to do in Tracy, I mistakenly included Lowes in my list, another commenter pointed out the mistake, I acknowledged the error, thanked him for pointing it out and moved on. That's called being an adult and showing humility. It's kind of sad some people here who point out they are nurses and teachers end up being the ones who don't get it.
It's always amusing to see the perpetrators of the most heinous personal attacks and negative comments on this website accusing others of something such as being judgmental. I've never seen Dale compare people of certain political leanings to murdering fanatics who stone women to death and shoot 14 year olds in the head.
I totally see mdsmith17's point of view.....
"1957 - Mary Leona Gage, Miss USA 1957, is dethroned after it is revealed that she is married and a mother of two. Charlotte Sheffield, 1st Runner-Up to Miss USA 1957, is crowned Miss USA 1957."
"1984 - Vanessa Williams, Miss America 1984, is dethroned after nude photos of her taken before the pageant surface. Suzette Charles, 1st Runner-Up to Miss America 1984, is crowned Miss America 1984."
"2002 - Oxana Federova, Miss Universe 2002, is dethroned after failing to fulfill the duties stipulated in her contract. Federova maintains that she resigned. Justine Pasek, 1st Runner-Up to Miss Universe 2002, is crowned Miss Universe 2002."
"2002 - Dzejla Glavovic, Miss Earth 2002, is dethroned for failing to fulfill the duties stipulated in her contract. Winnie Adah Omwakwe, 1st Runner-Up to Miss Earth 2002, is crowned Miss Earth 2002."
I am glad to see that you were invited to the election night party at the Kagehiro building. From the pictures in the Tracy Press I only saw four council members and two developers Kagehiro and Sousa (AKT). I'm glad they invited you so at least one non developer would attend the party with our four elected councilmen.
As far as innuendo without proof let me remind you of your comment about SEIU donating money to the Ransom campaign. You stated that SEIU must expect something back or it was just a nice gesture.
Pot meet Kettle?
Gov. Code, § 549501
(§ 54953 (a); Boyle v. City of Redondo Beach
Clearly, jarbuckle is an attorney or in the field of law.
How many of us know how to find or type that jurisdiction "double overlaid "S" key?
Jarbuckle knows too much and his writing reflects it. We aren't falling for it.
I support your comments dcose as well as Mr. Morales for the appointment.
Forget that he is Hispanic, Mr. Morales brings experience and independent thinking to the city council. What are the sitting council members afraid of?
What portion of the Brown Act are you saying their congregating violated ?
First You will note a question mark after my statement "Brown Act violation anyone?" If the council members discussed Elliott's replacement in any fashion or any other council business that would be a violation of the Brown Act. Maybe you know I wasn't there as I wasn't invited and it was not an advertised public meeting. My guess is with four council members present on election night in one place some city business was discussed. If I had proof there would be no question mark after my statement.
"A “meeting” is any gathering of a majority of the
members of a covered board to hear, discuss, or
deliberate on matters within the agency’s or
board’s jurisdiction. (§ 54952.2(a))"
"A “meeting” is any gathering of a majority of the members of a covered board to hear, discuss, or deliberate on matters within the agency’s or board’s jurisdiction. (§ 54952.2(a))"
"Maybe you know I wasn't there as I wasn't invited and it was not an advertised public meeting."
I had an invite and had other plans. Unlike you I cannot say what was or was not discussed. I included your next comment because the charge you offer is a "GUESS" and by putting a question mark at the end of your accusation you've absolved yourself of wrong doing. Not hardly.
"My guess is with four council members present on election night in one place some city business was discussed. If I had proof there would be no question mark after my statement."
You offer innuendo without proof.
No where in the above cite does it state that a majority of members cannot gather for an election returns party or some other event. It does cover board business of which I deal with in regard to the Brown Act because of a number of Boards I serve on. To date, I've managed to avoid running afoul of the law. They can do the same.
Your past posts reflect more thoughtfulness than a guess
I say this because it's happened before an not all that long ago. Thair is no law or rule that forces City Council ta look at th third highest vote getter fer a Council seat.
Sorry folks but history proves differently even as much as it might make sense ta th rest of us.
Just don't wanna have ya all disappointed when they make thair decision.