Council: We’ll fill the seat ourselves
Caserta resigned from the Santa Clara City Council amid multiple allegations of sexual harassment
SANTA CLARA >> In a move that several residents called undemocratic, the Santa Clara City Council has decided to appoint someone for Dominic Caserta’s former seat rather than wait for an election.
“It’s well within our purview here to appoint to the City Council,” said Mayor Lisa Gillmor, who was herself appointed in 2011.
But the vote — made just before midnight Tuesday — sparked opposition from two of the six current council members — Patty Mahan and Pat Kolstad — as well as several members of the audience, who had pushed for the other option outlined by City Attorney Brian Doyle: leaving the seat empty until the November election.
“I really feel strongly we must go out to an election,” Mahan said, adding that she was uncomfortable with the idea of five people, two of whom were initially appointed themselves, having the power to pick someone for the seat.
The seat, Mahan continued, should be filled by someone voters choose. Several residents agreed, saying during the council’s public comment period that an appointment didn’t seem democratic.
But the city charter allows an appointment and in the coming days, the city plans to put out a call for applicants and hold public interviews. To succeed, an applicant will need to win the support of five of the six sitting council members, a tough battle given the deep divisions between the members.
Three council members — Teresa O’Neill, Vice Mayor Kathy Watanabe and Debi Davis — generally align with Gillmor, meaning the appointment offers the mayor a chance to back an applicant who shares her views. Such a candidate would be unlikely to win support from Mahan, who regularly spars with the mayor over everything from the 49ers to voting rights. But Kolstad, who was less vocal in opposing the idea of an appointment, might be more amenable depending on the person Gillmor decides to support.
Mahan warned residents during the meeting that if someone is appointed to the council and decides to run in November, they could receive a bump as an incumbent with name recognition.
The seat became vacant when Caserta resigned last week amid allegations of sexual harassment.
Tino Silva, the head of the Santa Clara Youth Soccer League and a former council candidate, urged the council to appoint a minority candidate.
The city is in the middle of a lawsuit brought by Asian-American residents who say the city’s election system disadvantages Asian American voters. Not a single Asian -American candidate has won a council seat since the city charter was adopted in 1951.
During the council meeting, a woman held a sign proclaiming, “All white is not alright. Don’t appoint.”
In response to allegations of discrimination, the city is pushing Measure A, which would divide the city into two districts, largely along the El Camino Real. Proponents have argued it could increase the diversity of the council.
But if it passes June 5, Measure A could also cause complications — depending on where an appointed council member lives, he or she might not be able to run for the seat in November.
It’s too early to tell who exactly will step forward as a candidate for appointment, but O’Neill is hoping she and her fellow council members can move the process forward.
“Let’s see if there’s somebody five of us can agree on,” O’Neill said. “I would welcome having somebody here for six months.”