Scaling special election back to district-only process begins

Looks like residents of Vacaville’s 2nd City Council District will be electing one of their own after all.

After voting 3-2 at its Nov. 10 meeting to fill outgoing Councilman Mitch Mashburn’s seat through a citywide special election in May, the city brought forth a change to the ordinance in response to criticism from the community. The council unanimously voted to introduce this amended ordinance, which would open this election strictly to residents of District 2, at a special meeting Tuesday and bring it back at its next regular meeting, Dec. 8, for adoption.

The move would ensure that all council districts have representation on the dais, thus completing the council’s transition from an at-large to a by- district system.

In 2018, the council voted to switch to a district system after receiving a letter by Santa Monica attorney Kevin Shenkman

who contended that the atlarge system led to disenfranchisement among voters. This year, the council began the process by converting two seats from atlarge to by- district seats and adding two new by-district seats for the 2020 election.

However, back in March, Mashburn was elected to the Solano County Board of Supervisors and submitted his letter of resignation Nov. 4. Since he was last elected to the council in 2018, his seat was considered at-large, thus the city considered his seat as such when opting to fill the vacancy.

Also back in March, the council voted 4-1 to change city code to govern the process of filling vacancies. This included a new process of appointments where the mayor would interview applicants with the help of two other council members and announce the mayor’s selection at a later meeting for the rest of the council to vote on. Councilwoman Dilenna Harris dissented, and Councilman Nolan Sullivan was absent.

This new process was criticized by members of the community who found it to be undemocratic, preferring that vacancies be filled through a special election. The council voted 3-2 at its Nov. 10 meeting to fill Mashburn’s seat through a special election but with the stipulation that it be citywide since the seat was still at large until 2022. Harris and Sullivan dissented.

Following criticisms that the election should be limited to District 2 residents, Mayor Ron Rowlett said he called for a special meeting to bring forth an amended ordinance that would do just that.

“I hope this will help us move forward and give everyone a voice, everyone a vote that matters,” he said.

City Manager Aaron Busch said that despite requests to transition the seat to a by- district seat, it was not initially clear if it was possible to amend the code right away due to the 60day time limit that began when Mashburn submitted his resignation. However, after exploring different options, he said that ordinances and amendments typically require first and second readings followed by a 30- day period before the ordinance can go into effect.

However, with the holding of a special meeting for the first reading and the regular meeting for a second, Busch said this would eliminate the need for a 30day requirement.

The amendment also specifies the order by which vacant at-large seats may be filled before the official 2022 transition. The priority would be given to District 2 because of Mashburn’s resignation, and District 4 would follow suit should a vacancy occur. BY coincidence, both Mashburn and Sullivan reside in District2 and 4.

The May 4 election would go on as scheduled, with the filing period beginning Jan. 11 and the elected council member being seated June 8 after the results are certified. By limiting the election to just residents of District 2, Busch said the cost of a special election would be $110,000 compared to $580,000 if it were citywide.

Busch said he had received letters from citizens inquiring about the possibility of repealing the appointment process that was approved in March, noting that action on that issue could not be taken that evening but the council could direct staff to come back with a repeal. Rowlett said he would be in favor of a repeal.

Harris said she was excited to see the city “right a wrong.”

“District 2 was not having their voice heard,” she said. “Now they’re having their voice heard, we’re acting on it and we’re doing it appropriately.”

Sullivan asked if there was a length- of-residency requirement, expressing concerns about somebody from outside the district moving into an apartment to run in District 2. City Clerk Michelle Thornbrugh said candidates would need to be registered to vote at a residence within District 2, although they could conceivably move into a residence in District 2 for the purpose of running.

However, “In the past, we have had people try that and typically citizens will call that out,” she said.

Public commenters were all in favor of moving forward with the amended ordinance. District 2 resident Lynn Upchurch, who circulated a petition urging Mashburn’s seat be filled by a District 2 resident and received more than 500 signatures, said she was pleased with the action.

“I’m just grateful to everybody who has supported ( petition co- organizer) Nancy ( Fletcher) and me all the 538 people who voiced their opinion through that petition process,” she said. “It really makes me feel proud that we have a process in our democracy to be heard.”

Councilman- elect Roy Stockton, who was recently elected to the District 1 seat, said he felt the action was the right way to go.

“I believe that the right to vote and elect your representatives is sacred,” he said. “I’m absolutely elated that this opportunity is here for your consideration, and I think that without a doubt the citizens and the folks that live in District 2 deserve the opportunity to elect their own representative on our City Council.”

Rowlett said that Tuesday’s meeting was about making the special election a District 2- only race. For the Dec. 8 meeting, he wanted to bring a repeal of the current appointment process to the agenda and then have the new council come up with a new appointment process that would satisfy everyone. No action was taken, but all council members indicated support in an informal poll.

As for the first reading of the special election ordinance, it was approved unanimously.

The next meeting will mark the final meeting for Harris, Mashburn and Vice Mayor Raymond Beaty as well as the first for Stockton, Michael Silva, Jason Roberts and Jeanette Wylie. If the second reading is approved, the council will operate with six members until the results of the special election are certified in June when the seventh and final member joins the council.