November 23, 2003

SUBJECT: SELECTION OF MAYOR AND VICE MAYOR (MAYOR PRO TEM) FOR 2003-2004 

REPORT IN BRIEF

City Charter Section 605 requires the City Council to select one of its members to serve as the presiding officer and hold the title of Mayor. As a result of the Charter Amendment (Measure D) adopted at the November 7, 1995 General and Special Municipal Election, the Mayor shall serve a one-year term of office. In addition, the City Council is also to select a Vice Mayor (Mayor Pro Tem) for a one year term to serve in the absence of the Mayor.

In accordance with Council Policy 7.3.6 the most senior member of the Council, who has not previously served as Mayor, shall be selected as Mayor, subject to at least four affirmative votes. Should two members have equal seniority, the member receiving the highest number of votes in the most recent election would be selected, subject to at least four affirmative votes. If the most senior member who has not previously served as Mayor does not receive at least four affirmative votes, the next most senior member, who has not previously served as Mayor would be selected Mayor, subject to at least four affirmative votes. If the second most senior member does not receive at least four votes, the seniority list would be followed in order of rotation.

On February 27, 1996 the Council amended the policy to provide that the most senior member on the Council not selected as Mayor and who has not previously served as Vice Mayor will be Vice Mayor, subject to at least four affirmative votes. Should two members have equal seniority, the member receiving the highest number of votes in the most recent election would be selected, subject to at least four affirmative votes. If the most senior member who has not previously served as Vice Mayor does not receive at least four affirmative votes, the next most senior member who has not previously served as Vice Mayor would be selected Vice Mayor, subject to at least four affirmative votes. 

The following is the list of Councilmembers in order of seniority and service record:

·         Councilmember Fowler (elected in 1997 with highest number of votes; re-elected in 2001 with second highest number of votes) Served as Mayor 2002

·         Councilmember Miller (elected in 1997 with second highest number of votes; re-elected in 2001 with third highest number of votes) is serving as  Mayor for 2003.

·         Councilmember Howe (elected in 2001with highest number of votes) Has not served as Mayor or Vice Mayor

·         Dean Chu (elected 2003 with highest number of votes 10,657)

·         Ron Swegles (elected 2003 with second highest votes 9,408)

·         Melinda Hamilton (elected 2003 with third highest votes 8,160)

·         Otto Lee (elected 2003 with fourth highest votes 7,529)

The nomination and selection process for Mayor and Vice Mayor is as follows:

·         Any Councilmember may offer a nomination for the position of Mayor, with no second required. Votes for Mayor shall then be cast and recorded. If at least four affirmative votes are cast, the member nominated assumes the Mayoral duties.

·         Subsequent to the selection of the Mayor, any Councilmember may offer a nomination for the position of Vice Mayor, with no second required. Votes for Vice Mayor shall then be cast and recorded. If at least four affirmative votes are cast, the member nominated assumes the Vice Mayoral duties. 

EXISTING POLICY

Please see attachment Policy 7.3.6. 

PUBLIC CONTACT

Public contact was made through posting of the Council agenda on the City’s official notice bulletin boards located at City Hall, Public Safety Lobby, Library Public Notice Boards, posting of the agenda and Report on the City’s web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the Report in the Sunnyvale Public Library and City Clerk’s Office. 

RECOMMENDATION

That Council select a Mayor and Vice Mayor for the term of 2003 – 2004 in accordance with Council Policy 7.3.6

Prepared by:

Cathleen McKay CMC/MMC
Interim City Clerk

Reviewed by:

Amy Chan
Assistant City Manager

Approved by:

Robert S. LaSala
City Manager 

Attachments

A. Policy 7.3.6