Council succession a murky process
by Jon Mendelson
Nov 14, 2012 | 4781 views | 34 34 comments | 8 8 recommendations | email to a friend | print
Councilman Bob Elliott is leaving the city council for his new seat on the Board of Supervisors.  Press file photo
Councilman Bob Elliott is leaving the city council for his new seat on the Board of Supervisors. Press file photo
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Tracy City Councilman Bob Elliott is poised to take over as a San Joaquin County supervisor Jan. 7. But who replaces him on the council — and how that person will be chosen — remains up for discussion.

Elliott won the 5th District seat on the county board of supervisors by defeating Tracy Planning Commissioner Rhodesia Ransom in the Nov. 6 election. He has completed two years of a four-year term and must resign his council position before accepting his new office, according to state election law.

California election code states that the City Council must appoint a replacement, or call an election to determine a replacement, within 60 days of the vacancy.

Tracy Assistant City Clerk Carole Fleischmann said there are a few scenarios that could result if the City Council chooses to appoint Elliott's replacement.

A council member was most recently appointed in 2006, when then-councilman Brent Ives was elected mayor of Tracy — a position to which he was reelected Nov. 6, running unopposed.

In 2006, the council solicited applications from residents and conducted interviews before choosing Steve Abercrombie from a field of 10 applicants. Abercrombie did not appear on the ballot that year, but he was elected to the council in 2008 and chose not to seek re-election this year.

Fleischmann said the council could employ a similar system this year, or it could decide to appoint the person who received the third-most votes in this year’s race for two council seats.

That would be Ray Morelos, who finished behind council newcomer Nancy Young and incumbent Michael Maciel, who won a second term.

According to Assistant City Attorney Bill Sartor, any vote concerning an appointment would be taken in open session, though a subcommittee of two council members could meet outside a public session to interview candidates, he said.

If the council lets voters decide during a special election, it’s still unclear when that would be held, Fleischmann said. The city clerk’s office is responsible for scheduling such an election within the 60-day window created when Elliott officially resigns.

She estimated the cost to the city would be $5 per registered voter, and with about 33,000 registered voters in Tracy, Fleischmann’s estimate means a cost of about $165,000. However, Austin Erdman, San Joaquin County Registrar of Voters, said Tuesday, Nov. 13, that the cost could reach $250,000.

The timing of Elliott’s resignation could influence who decides the city’s course of action.

Fleischmann expects that Maciel, Young and Ives will be sworn into their offices during the Dec. 4 council meeting.

If Elliott resigned after that date, Young would join Maciel, Ives and Councilman Robert Rickman in casting votes regarding any appointment or election.

Elliott did not immediately respond to a request for comment regarding this story.

• Contact Jon Mendelson at 830-4231 or jmendelson@tracypress.com.

Comments
(34)
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dcose
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November 16, 2012
"bib talk about being a broken record", while debbdave at the same time set about defining a broken record,

"i see what is happening, the autocorrect on my computer is changing mr d cose's name to DOSE, kinda funny in a way.....DOSE of mr cose...."

"meant DOSE"

"DOSE gives so many judgements, mostly negative, and tries to force his argument without having the ability to see the other persons point of view....."

Your inability to venture beyond parroting party propaganda frames you... and as such, you have become a parody. As about the Looneyest of Tunes here, you consistently make an exceedingly popular target. I'd offer... more thought on your part before hitting, "Post Comment", but... never try to teach swine to sing. It wastes your time and it annoys him.

:-)
debbdaves
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November 16, 2012
broken record
backinblack
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November 16, 2012
One day, maybe people when being unequivocally proven wrong can say, hey, thanks for pointing that out.

Doubtful but here's an example of how it should work. Last week I made a comment referring to all the things to do in Tracy, I mistakenly included Lowes in my list, another commenter pointed out the mistake, I acknowledged the error, thanked him for pointing it out and moved on. That's called being an adult and showing humility. It's kind of sad some people here who point out they are nurses and teachers end up being the ones who don't get it.

It's always amusing to see the perpetrators of the most heinous personal attacks and negative comments on this website accusing others of something such as being judgmental. I've never seen Dale compare people of certain political leanings to murdering fanatics who stone women to death and shoot 14 year olds in the head.

debbdaves
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November 16, 2012
i see what is happening, the autocorrect on my computer is changing mr d cose's name to dose, kinda funny in a way.....dose of mr cose....
debbdaves
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November 16, 2012
meant dose
debbdaves
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November 16, 2012
bib talk about being a broken record
debbdaves
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November 16, 2012
dose gives so many judgements, mostly negative, and tries to force his argument without having the ability to see the other persons point of view.....

I totally see mdsmith17's point of view.....
backinblack
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November 16, 2012
Talk about bad examples to use when trying to making a point.

"1957 - Mary Leona Gage, Miss USA 1957, is dethroned after it is revealed that she is married and a mother of two. Charlotte Sheffield, 1st Runner-Up to Miss USA 1957, is crowned Miss USA 1957."

"1984 - Vanessa Williams, Miss America 1984, is dethroned after nude photos of her taken before the pageant surface. Suzette Charles, 1st Runner-Up to Miss America 1984, is crowned Miss America 1984."

"2002 - Oxana Federova, Miss Universe 2002, is dethroned after failing to fulfill the duties stipulated in her contract. Federova maintains that she resigned. Justine Pasek, 1st Runner-Up to Miss Universe 2002, is crowned Miss Universe 2002."

"2002 - Dzejla Glavovic, Miss Earth 2002, is dethroned for failing to fulfill the duties stipulated in her contract. Winnie Adah Omwakwe, 1st Runner-Up to Miss Earth 2002, is crowned Miss Earth 2002."

jarbuckle
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November 16, 2012
Mr. Cose,

I am glad to see that you were invited to the election night party at the Kagehiro building. From the pictures in the Tracy Press I only saw four council members and two developers Kagehiro and Sousa (AKT). I'm glad they invited you so at least one non developer would attend the party with our four elected councilmen.

As far as innuendo without proof let me remind you of your comment about SEIU donating money to the Ransom campaign. You stated that SEIU must expect something back or it was just a nice gesture.

Pot meet Kettle?
dcose
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November 16, 2012
Call it as you see it. You offered no alternative to your innuendo.
debbdaves
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November 16, 2012
Once an election is held, its results are in, the fact that Ray did not get enough votes to win means people didn't want him enough. This isn't like a Miss America patent that if the queen is dethroned the runner up gets the crown. I am no lawyer just a retired school teacher but it doesn't take a degree to figure this one out.
mdsmith17
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November 16, 2012
Exactly! Finaly somebody else gets it. There is simply no obligation to give the open seat to the 3rd place vote getter because 3rd place means you LOST. Voters were asked to vote for 2 of 5 people. The only way it would be fair to give this newly open seat to the 3rd place person, is if the voters were allowed to vote for 3 of 5 with the provision that the third place vote getter would get Elliot's seat if it came open. The odds are the election would have had different results if people were allowed to vote for 3.
backinblack
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November 15, 2012
Titanrelay, I'm not going for sarcasm so please don't take this the wrong way. Look at jarbuckles comment again, there are quotation marks around the part containing the symbol you refer to. Looks like he did a copy & paste and to provide some proof to back up my guess here's a couple of examples:

Gov. Code, § 549501

(§ 54953 (a); Boyle v. City of Redondo Beach
Titanrelay
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November 15, 2012
dcose,

Clearly, jarbuckle is an attorney or in the field of law.

How many of us know how to find or type that jurisdiction "double overlaid "S" key?

Jarbuckle knows too much and his writing reflects it. We aren't falling for it.

I support your comments dcose as well as Mr. Morales for the appointment.

Forget that he is Hispanic, Mr. Morales brings experience and independent thinking to the city council. What are the sitting council members afraid of?

jarbuckle
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November 15, 2012
The council will most likely pass on Ray Morales and pick a person who most fits their agenda. If you look at the pictures in the Tracy Press you will see that the Abercrombie, Elliot, Ives, and Maciel all congregated at the Kagehiro Building on election day. Brown Act violation anyone? In attendance was Souza and Kagehiro. Elliott and Maciel's campaign was coordinated with Roger Birdsall who came in last in the council election. Look for Birdsall to get the appointment.
dcose
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November 15, 2012
jarjar,

What portion of the Brown Act are you saying their congregating violated ?
mdsmith17
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November 15, 2012
Have you filed a complaint with the Attorney General about your allegations of a Brown Act violation? What City business did they conduct on election day? I assume you have evidence of that when you are going to imply a crime was committed?
jarbuckle
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November 15, 2012
Mr. Cose

First You will note a question mark after my statement "Brown Act violation anyone?" If the council members discussed Elliott's replacement in any fashion or any other council business that would be a violation of the Brown Act. Maybe you know I wasn't there as I wasn't invited and it was not an advertised public meeting. My guess is with four council members present on election night in one place some city business was discussed. If I had proof there would be no question mark after my statement.

"A “meeting” is any gathering of a majority of the

members of a covered board to hear, discuss, or

deliberate on matters within the agency’s or

board’s jurisdiction. (§ 54952.2(a))"
dcose
|
November 16, 2012
jarjar states,

"A “meeting” is any gathering of a majority of the members of a covered board to hear, discuss, or deliberate on matters within the agency’s or board’s jurisdiction. (§ 54952.2(a))"

"Maybe you know I wasn't there as I wasn't invited and it was not an advertised public meeting."

I had an invite and had other plans. Unlike you I cannot say what was or was not discussed. I included your next comment because the charge you offer is a "GUESS" and by putting a question mark at the end of your accusation you've absolved yourself of wrong doing. Not hardly.

"My guess is with four council members present on election night in one place some city business was discussed. If I had proof there would be no question mark after my statement."

You offer innuendo without proof.

No where in the above cite does it state that a majority of members cannot gather for an election returns party or some other event. It does cover board business of which I deal with in regard to the Brown Act because of a number of Boards I serve on. To date, I've managed to avoid running afoul of the law. They can do the same.

Your past posts reflect more thoughtfulness than a guess
backinblack
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November 15, 2012
mdsmith17, Referring to Obama is not a very good comparison to what's going on here as the presidential election is different. Did you happen to forget there's a vice president elected with the prez?
mdsmith17
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November 15, 2012
No I didn't forget it I was making a point. The point being somebody that LOST an election should not necessarily have right to a seat that all the sudden comes open. Lets change the facts a little. Lets say only two people ran for one seat. One person received 99% of the vote and the other person received 1% of the vote. The day after the election the winner of the race dies of a heart attack. Should the person who got 1% of the vote get the seat because he was in second place?
mdsmith17
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November 15, 2012
I don't know any of the people involved here, but what I do know is Ray Morales may be the third highest vote getter, but he LOST the election. What that means is he had a chance for one of two available seats and the voters of the City of Tracy chose not to elect him. So it's not as simple as just appoint him to the council, although that is clearly an option.
Kan309
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November 15, 2012
Ray Morales should be placed on the council. It's the smartest and most cost efficient way to do it. So we will see how well out council works for what is best for the City of Tracy.
mthouseman
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November 15, 2012
This is a prime example of why I feel you should have to resign your position when you register to run for a different office. Then the current seat will "officially" be up for election at the same time. You are rolling the dice that you will be elected to the new position. If you do, great, there will be somebody already elected to fill your old seat. If you lose, well, there is always going to be another election in 2-4 years. This should apply to all levels, from dog catcher right on up to POTUS.
crap1210
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November 15, 2012
You are all forgetting the bigger piture here. Elliott is gone. He only used the council seat to help him get to the next seat. The city does not need a special vote,put Moralos on the council and move on.
TracyNative
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November 14, 2012
Ray Morelos should replace Mr. Elliott because he was voted by the people....He knows Tracy's past and can help take Tracy into the future...The council should do the right thing!!
Ornley_Gumfudgen
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November 14, 2012
Just ta prepare all of ya fer a disappointment, should it happen, but City Council is gonna appoint who they wanna deal with an how many votes th third person got or not ain't gonna make any difference.

I say this because it's happened before an not all that long ago. Thair is no law or rule that forces City Council ta look at th third highest vote getter fer a Council seat.

Sorry folks but history proves differently even as much as it might make sense ta th rest of us.

Just don't wanna have ya all disappointed when they make thair decision.
me-here
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November 15, 2012
ok, MIchael, you won't want anyone "appointed" that pleases the public, you want someone who would go along with you and Ives.


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