November 29, 2005

SUBJECT:      SELECTION OF MAYOR AND VICE MAYOR FOR THE 2005-2006 TERM

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.  The Mayor shall serve a one-year term of office.  In addition, the City Council is also to select a Vice Mayor for a one-year term to serve in the absence of the Mayor.

The selection of Mayor and Vice Mayor is made in accordance with Council Policy 7.3.6, as amended on May 16, 1995.  This amendment determined that the order of seniority and service record would include the language “who has not previously served as Mayor” and “who has not previously served as Vice Mayor.”

The most senior member of the Council, who has not previously served as Mayor, shall be selected as Mayor, subject to receiving 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 his/her most recent election shall be selected, subject to receiving 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, shall be selected Mayor, subject to receiving at least four affirmative votes.  If the second most senior member does not receive at least four affirmative 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 his/her most recent election shall be selected, subject to receiving 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 receiving at least four affirmative votes.

The following is a compilation of Council Members’ seniority, service record and votes attained in their last election(s):

*pre-canvass votes as of 11/22/05

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

     ▪    The Mayor shall request a vote for the most senior eligible member from the list below.  The first member on the list to receive at least four affirmative votes assumes the Mayoral duties.

The following is the order in which Council Members are eligible for the Office of Mayor:

▪   Ron Swegles

▪   Melinda Hamilton

▪   Otto Lee

▪   Anthony Spitaleri

▪   Christopher Moylan

Upon a member receiving at least four affirmative votes, Mayor Chu shall recognize the new Mayor.  The new Mayor shall be sworn in at this time.

          Subsequent to the selection of the Mayor, the newly sworn Mayor shall request a vote for the most senior eligible member for Vice Mayor from the list below.  The first member on the list to receive at least four affirmative votes assumes the Office of Vice Mayor.

          The following is the order in which Council Members are eligible for the Office of Vice Mayor:

          ▪    John Howe

          ▪    Melinda Hamilton

          ▪    Otto Lee

          ▪    Anthony Spitaleri

          ▪    Christopher Moylan

Upon a member receiving at least four affirmative votes, the new Mayor shall recognize the new Vice Mayor.  The new Vice Mayor shall be sworn in at this time.

EXISTING POLICY

Legislative Policy 7.3.6. as amended on May 16, 1995 and incorporated into this report will be included in the Legislative Policy Update Project and will be renumbered as Policy 7.3.10.

PUBLIC CONTACT

Public contact was provided by posting of the agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page and the availability of the report in the Office of the City Clerk and the Sunnyvale Library.

RECOMMENDATION

Council selects a Mayor and Vice Mayor for the 2005-2006 term in accordance with Council Policy 7.3.6. as amended on May 16, 2005.

Reviewed by:

Robert Walker, Assistant City Manager

Prepared by: Katherine Bradshaw Chappelear, City Clerk

Approved by:

Amy Chan

City Manager