The question has been raised as to whether or not Joe DeVito can vote to appoint his own successor. I was on the City Council the last time a council member was unable to complete her term. While this person was involved in the selection process, she did not actually vote, as the vote was taken after she left the council. A vacancy cannot be filled until there is actually a vacancy. If it turns ot that I am wrong about this, I will publish a correction here.
The time table on the City website http://www.ci.ojai.ca.us/ (Item 3 – Process to Fill Unexpired Council Term) states that the council plans to fill the vacancy December 8 or 15, while Devito is still in office. To learn more, come to the council meeting this Tuesday night.
Why I support Lenny Klaif
As a former mayor of the City of Ojai, I would like people to know why I support City Council candidate Leonard Klaif, either by appointment or special election.
As an attorney, Lenny Klaif is uniquely qualified to understand the many legal documents that council members must wade through prior to every meeting. He has the professional experience to know if there is an alternative to the advice handed down by our City Manager and City Attorney — advice that now influences every critical decision made by our Council.
During my tenure on the Ojai City Council, I nominated Lenny Klaif to take the place of council member Ellen Hall,who was unable to complete her term. I did so after working with Lenny on numerous environmental causes that showed me he had the integrity, strength of character and the leadership skills necessary to be an asset on the Council.
I first met Lenny in the early 90′s when Rite Aid wanted to take up residence in the old bowling alley. He and other citizens worked with local merchants to form the Citizens for a Chain Free Ojai. He applied his skills as an attorney to the task of opposing chain-stores that would destroy the uniqueness of our small town, calling for an ordinance to protect Ojai small business.
Over the years I have heard Lenny speak frequently behind the podium, urging our council to enact policy that would work to ensure the beauty of Ojai. He has spent hundreds of hours in the Council Chambers, listening carefully to both private citizens and elected officials, and articulating his astute observations.
Lenny Klaif is eminently qualified to be on the Ojai City Council. Please join me in supporting him.
Related Stories and links to petitions
http://www.ojaipost.com/2009/10/a_message_from_ojai_resident_p.shtml
http://www.ojaipost.com/2009/10/good_news_for_ojai_len_klaif_f_1.shtml
{ 30 comments… read them below or add one }
Dear Honorable Mayor Suza Francina,
You write,
“A vacancy cannot be filled until there is actually a vacancy. If it turns out that I am wrong about this, I will publish a correction here.”
You seem to be making a definitive statement — vacancy cannot be filled until there is a vacancy — then turning right around and saying you are not sure of your position. If you are not sure of it, wouldn’t it be better to become certain first, rather than having to “publish a correction” later?
To Citizen Z,(Comment #1)
I will copy the legal document that leads me to question that the Council can vote on December 8 or 15. But I am not a lawyer and will be listening closely Tuesday eve to what our City attorney and others have to say.
Section 36512(b) of the Government code starts with the words “If a vacancy occurs” and goes on to say “in an elective office, the council shall within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or special election…”
At this time there is an “anticipated vacancy” not a vacancy, and thus the question of whether Joe Devito can vote to fill an “anticipated vacancy.”
Some history:
When Ellen Hall resigned, her term was filled after she actually left office, consistent with the statute.
The council solicited interested persons to apply, and Sue Horgan, Lenny Klaif and Margot Eisner applied.
David Bury disqualified himself because he was doing work for Four Winds School of which Sue was a parent and director or board member.
I (Suza) nominated Len Klaif as I felt his vision for Ojai was most closely aligned to Ellen Hall.
No other council member seconded the nomination. Joe and Steve voted for Sue Horgan. She had no prior City Council history that I can remember.
Check this link to an opinion that is very similar to the situation we have in Ojai:
http://www.ci.pinole.ca.us/admin/docs/cc-rda/2009/2009-07-29/04A.pdf
This opinion is fairly clear that the remaining council members would have to agree on the appointment which says:
(1) Appointment of a Successor. Under Section 36512(b), above, the Council may appoint a successor
within 30 days of the vacancy, who would only hold office for the unexpired term of the former incumbent.2 A majority of the Council would have to agree on a successor.
In other words, three of the remaining four Councilmembers would have to agree to appoint a successor.
The appointed successor would hold office until the general election of the November 2010.
More legaliZe:
36512. (a) If a vacancy occurs in an appointive office provided for
in this chapter, the council shall fill the vacancy by appointment.
A person appointed to fill a vacancy holds office for the unexpired
term of the former incumbent.
(b) If a vacancy occurs in an elective office provided for in this
chapter, the council shall, within 30 days from the commencement of
the vacancy, either fill the vacancy by appointment or call a special
election to fill the vacancy. 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. A person appointed or elected
to fill a vacancy holds office for the unexpired term of the former
incumbent.
(c) Notwithstanding subdivision (b) and Section 34902, a city may
enact an ordinance which:
(1) Requires that a special election be called immediately to fill
every city council vacancy and the office of mayor designated
pursuant to Section 34902. 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.
(2) Requires that a special election be held to fill a city
council vacancy and the office of mayor designated pursuant to
Section 34902 when petitions bearing a specified number of verified
signatures are filed. 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 filing of the petition. A
governing body which has enacted such an ordinance may also call a
special election pursuant to subdivision (b) without waiting for the
filing of a petition.
(3) Provides that a person appointed to fill a vacancy on the city
council 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.
(d) (1) Notwithstanding subdivision (b) and Section 34902, an
appointment shall not be made to fill a vacancy on a city council if
the appointment would result in a majority of the members serving on
the council having been appointed. The vacancy shall be filled in the
manner provided by this subdivision.
(2) The city council may call an election to fill the vacancy, to
be held on the next regularly established election date not less than
114 days after the call.
(3) If the city council does not call an election pursuant to
paragraph (2), the vacancy shall be filled at the next regularly
established election date.
(b) If a vacancy occurs in an elective office provided for in this
chapter, the council shall, within 30 days from the commencement of
the vacancy, either fill the vacancy by appointment or call a special
election to fill the vacancy.
Note from SuZa to Z,
How do you interpret this part:
“within 30 days from the commencement of
the vacancy?”
To me, that means AFTER Joe Devito is actually gone.
you ask my opinion? my opinion is that city attorney mr. monte witters is the Supreme Court of Ojai and the statute means whatever he in his infinite wisdom determines it means… no more and no less….
The statute is clear. There is no vacancy until Joe DeVito has left the council, therefore for a appointment to succeed, there will be a vote of the four remaining council members and three must vote for the appointee. There is precedent for this as this is exactly how it was done when Sue Horgan was put on the council. Any deviation from the statute and precedent should invalidate the process and force a special election.
re Comment #6 Posted by: Z to SuZa
And that is just one of the many reasons why we need attorney Len Klaif on the council.
maybe sean can start another recall petition (again endearing himself to everyone and showing his keen sense of the politic) and the point will be moot/mute!!
And uh, how’s that anonymity treating you, uh earth bunni is it? Oh, and let me ask you, Is there a anti-chain ordinance in the city of Ojai?
can’t wait to see the look on all your cyber-faces when monte python, i mean witters, comes up with a completely different legal theory……… he’s gonna dance with them that brung him……
z, I wouldn’t doubt that, but you have to realize. Either there will be an appointment byt the remaining four city council people or a special election. If there is some theory that Joe will be allowed to vote to fill a vacancy without there being a vacancy, then there will just have to be a special election.
What a waste of time! First off, a petition has absolutely no legal weight, it’s meaningless except to political wannabes that want to feel like they’re involved in the process. Sorry kids you’re not! Second, this has nothing to do with whether or not Joe can vote on his successor or not, it has to do with what will take place in the back room away from the eyes of the public, where the Ojai puppetmasters (i.e. Dale Hansen) will hand pick the successor that they can control. This is exactly what happened with Sue Horgan, and I see no reason that it will change. Lenny has no chance at all of being appointed, petition or no petition.
Whew! Sure am glad to hear Dale is the puppetmaster. She’s for Lenny.
Please join us at an organizational meeting today, Monday, October 26th at 5:30 PM at the Art Center 113 S. Montgomery (Kids welcome).
Copy and paste in browser to download petitions:
http://www.ojaipost.com/images/Lenny-PetitiontotheOjaiCityCouncil10-23-09.pdf
You can drop off the signed petitions at my house at 1111 N. Montgomery St (Corner of Andrew & Montgomery) or call me at 895-3537 and I will pick them up. (Remember – only registered voters in the City).
We want as many as we can get by Tuesday (10-27) to take to the council meeting that night.
If you want a yard sign, just give me a call and I will deliver. We will also be placing ads in the Friday editions in the Ojai Valley News. The more letters to the editor and blog postings the better.
Please call or send me an e-mail to pat@ojaipat.com if you have any questions
Lenny is using the Art Center as his personal hq?
Just what the city fathers/mothers had in mind!
Dear Concerned Prog (Comment #16)
The Ojai Democratic Club and many other oganizations meet at the Ojai Art Center. Immediately following the meeting to support Lenny, this event took place. In fact, it s still going on right now –you can still head on over. (Since several of Lenny’s Ojai Democratic Club leaders/ supporters were going to te 6:30 event it made sense to have Lenny’s event at 5:30)
Education – Looking to the Future
Monday October 26th 2009
Ojai Arts Center
113 S Montgomery Ave, Ojai
6.30 pm for social and refreshments
7.00 pm for Forum
Please join us for a timely and lively presentation about
education in the Ojai Valley and beyond.
All members, Democrats and friends are welcome.
A small donation is always appreciated.
For more information call 640 7340
http://www.ojaidemocrats.org
Speakers:
Kathi Smith, Vice President of Ojai Unified School Board of Trustees,
and President of Ventura County School Boards Association.
Democratic candidate for the 37th AD – Ernest Morrell, Associate Professor and Division Head, Director, Education Studies Minor (ESM) Associate Director, Institute of Democracy, Education, and Access (IDEA) UCLA, Graduate School of Education & Information Studies.
Hank Bangser, Superintendent, Ojai Unified School District and one of the Top 100 Educators in the United States to Watch.
So, Dear Concerned Prog, you can rest in peace.
I would like to respond to a couple of comments.
First, I rented the Art Center, paying $25.00 for one hour, the same rate as any other one-time or occasional renter. I had my “win, lose, or draw” party at the Art Center following the 2006 election, and paid the going rate for the facility at that time as well.
Second, I do not know whether or not the council will select me to complete Joe Devito’s term. But, if not, I believe that we (“we” being myself and those who would like to see me on the council) are better positioned for the November 2010 election if the council ignores hundreds of voters who sign my petition and selects someone who has not put themselves out in public discussing the issues facing the City.
Third, Dale Hanson is a supporter of my candidacy; if Dale could hand pick Joe Devito’s successor I would not be spending my time campaigning.
Finally, I again invite anyone who is interested in my campaign or would like to discuss the issues facing the City of Ojai,to give me a call at 640-9659 or e-mail me at ljkesq@roadrunner.com
Thanks,
Len Klaif
Shouldn’t the Mayor Pro-Tem serve the remainder of the term? Isn’t that the purpose of having a Mayor Pro-Tem?
Shouldn’t the Mayor Pro-Tem serve the remainder of the term? Isn’t that the purpose of having a Mayor Pro-Tem?
In response to Tim, there are five members on the city council. One member of the council serves as mayor on a rotating basis. There is not a separate election for mayor. Regardless of whether or not Joe Devito remains on the council, mayor pro-tem Olsen is next in line to serve as Mayor for 2010. When Joe’s resignation becomes effective, there will be only four members on the council and thus the need to elect or select a replacement.
Len Klaif
Ojai doesn’t really have a regular mayor, so the title can be misleading. The mayor is chosen by the council and as Len says above, is generally shared by the council members on a rotating basis. It is not a separate, elected position. The mayor pro-tem is just a way to say who in on deck to be the next mayor.
http://www.vcstar.com/news/2009/oct/28/ojai-delays-decision-on-filling-council-vacancy/
Thanks, news, for VC Star Link to
OJAI DELAYS DECISION TO CITY COUNCIL VACANCY.
Good to know Lenny Klaif was correct on this item.
“The council can either appoint someone to serve the final year of the mayor’s term or hold a special election. A decision must be made by the end of January to comply with state election laws, city officials said.
If the council chooses the appointment route, applications likely would be due by the end of the year and public interviews before the council would be held in early January.
A special election could be consolidated with the statewide June primary, for about $6,000, officials said. A stand-alone election, held in April or May, would cost upward of $35,000 because the city would have to bear the entire expense.
The election result would only count for the final year of De Vito’s four-year term. The seat would still be one of three scheduled for election in November 2010.
The council agreed to decide at its regularly scheduled Dec. 8 meeting.
Councilwoman Betsy Clapp reiterated her preference for an election. Councilman Steve Olsen said he would be open to filling the vacancy by appointment, while Councilwoman Carol Smith expressed reluctance to leave the seat vacant until June, according to people in attendance. Councilwoman Sue Horgan didn’t state a preference.
Public reaction to the two options was mixed. The Ojai Chamber of Commerce urged an election.”
Source:
http://www.vcstar.com/news/2009/oct/28/ojai-delays-decision-on-filling-council-vacancy/
The VC Star ommited one critical point. The statute on filling a vacancy is clear. (See Comment #4) The Council did not actually “decide to delay.” They had no choice.
Lenny has always served as
the conscience of Ojai-
keep it small,keep growth managed,and keep it
FUN with worthwhile quality
theatre at the art center.
He stepped right out of the “Music Man.”
why, though, did he align himself with Leary and Lafollette in 2006?!
Whadda ’bout Suiza?
There is a poll on the Ojai Valley News website for which candidate you would like to see appointed to the Ojai City Council. It is Valley wide –you do not need to be an Ojai resident to vote in the poll.
Wow! Len is really winning that poll. That’s cool. Let’s hope our elected representatives take note.