Mayor pro tem tenders resignation effective May 31
In November 2006, citizens voted Rocky Joy to a four-year term, serving on various committees during his tenure.
Joy will remain a member of the City Committee for Economic Development where he has served as chairman. Joy has said his hope for the city of Susanville is to have a strong development plan for economic growth and stability.
“After much thought, I have decided to spend more time with my children before they head off to school and with my business,” Joy told the council.
The news of Joy’s resignation comes less than a week after City Attorney Kathleen Lazard resigned effective April 26 and City Administrator Luann Rainey announced her resignation effective June 30.
The city council has not chosen an interim replacement for Rainey but has contracted with Kronick, Moskovitz, Tiedemann & Girard. Jeffrey Massey will serve as interim city attorney.
In the past the city council has asked for letters of interest from registered voters in the city. These individuals were interviewed in an open meeting of the council and an appointment was made.
The council will meet in regular session at 7 p.m. on Wednesday, May 16 in Council Chambers located in City Hall on North Lassen Street. At that time it will consider what action will be taken to fill Joy’s vacated seat.
The council should also be able to report on the estimated cost to the citizens of a special election from Lassen County Clerk Julie Bustamante.
According to Government Code and Election Code, if the city council chooses to call a special election to replace Joy it has not less than 114 days to do so. There are only certain days Election Code Section 1000 states elections can be held.
•The second Tuesday of April of each even-numbered year.
•The first Tuesday after the first Monday in March of each odd-numbered year.
•The first Tuesday after the first Monday in June of each year.
•The first Tuesday after the first Monday in November of each year.
By the code the soonest the council could have an election is Nov. 6. Election code states that a person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent.
However the Government Code gives the city council three alternative procedures it may follow to fill a vacancy.
A press release sent by Mayor Lino Callegari reads, “First, it may enact an ordinance which requires that a special election be called immediately to fill any vacancy on the city council or in the office of elective mayor designated pursuant to Government Code Section 34902. The City of Susanville does not have an elective mayor. The ordinance shall provide that 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.
Second, it may enact an ordinance, which requires that a special election be held to fill any vacancy on the city council or in the office of elective mayor when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body, which has enacted such an ordinance, may also call a special election without waiting for the filing of a petition.
Third, it may provide that a person appointed to fill any vacancy on the city council (it does not include the office of elective mayor) holds office only until the date of a special election, which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election.
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