November 16, 2004
SUBJECT: SELECTION OF MAYOR AND VICE MAYOR FOR THE TERM 2004-2005
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 or more members who have not served as Mayor 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, this process shall continue until a senior member, who has not previously served as Mayor, receives at least four affirmative votes.
The policy also provides that the most senior member on the Council not selected as Mayor and who has not previously served as Vice Mayor will be selected as Vice Mayor, subject to at least four affirmative votes. Should two or more 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; previously served as Mayor and Vice Mayor)
- Councilmember Miller (elected in 1997 with second highest number of votes; re-elected in 2001 with third highest number of votes; previously served as Mayor and Vice Mayor)
- Councilmember Howe (elected in 2001 with highest number of votes; currently serves as Mayor. Mayor Howe has not previously served as Vice Mayor)
- Councilmember Chu (elected in 2003 with the highest number of votes; currently serves as Vice Mayor)
- Councilmember Swegles (elected in 2003 with the second highest number of votes)
- Councilmember Hamilton (elected in 2003 with the third highest number of votes)
- Councilmember Lee (elected in 2003 with the fourth highest number of votes)
The nomination and selection process for Mayor and Vice Mayor is as follows:
- Any Councilmember may offer a nomination for the position of Mayor, in accordance with Council practice, 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.
The following Council Members are eligible for Mayor: Dean Chu, Ron Swegles, Melinda Hamilton and Otto Lee.
- Subsequent to the selection of the Mayor, any Councilmember may offer a nomination for the position of Vice Mayor, in accordance with Council practice, 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.
The following Council Members are eligible for Vice Mayor: John Howe, Ron Swegles, Melinda Hamilton and Otto Lee.
PUBLIC CONTACT
Publication of the Council agenda in the San Jose Mercury News and posting of the Council agenda on four city bulletin boards and the City's website.
RECOMMENDATION
That Council selects a Mayor and Vice Mayor for the term of 2004 – 2005 in accordance with Council Policy 7.3.6.
Reviewed by:
Susan Ramos
City Clerk
Prepared by:
Donna Biles
Deputy City Clerk
Approved by:
Amy Chan
City Manager
Attachments
Council Policy 7.3.6 (pdf format)