Council Split on Filling Vacant Spot : Thousand Oaks: Appointing fourth-place vote-getter in doubt as councilwoman favors holding special election.

Immediately after last month’s Thousand Oaks City Council election, the appointment of fourth-place finisher Mike Markey to fill Frank Schillo’s vacated seat looked like a sure thing. There was talk of giving Markey the seat to mend fences between council members known for their contentiousness.

But Councilwoman Elois Zeanah, a key supporter of the fresh start, said Friday that she now supports holding an election instead.

“I’m trying to maintain an open mind,” Zeanah said. “But I certainly do have a preference for a special election. I feel that residents deserve their right to directly elect the fifth council member.”

Zeanah said that seeing the final election tally swayed her toward a special election. Markey placed fourth with 9,894 votes, while fifth-place finisher Lee Laxdal received 9,375 votes.

“I was initially leaning towards appointment when we were thinking that the final vote would end up giving Markey a clear plurality,” she said. “There isn’t that. There is just a mere fraction of a percentage point.”

During the recent campaign, Zeanah ran against Markey, who was endorsed by her archrival, retiring Mayor Alex Fiore.

Councilwoman Judy Lazar and incoming Councilman Andy Fox, who both favor appointing Markey, said they believe holding a special election will cost residents both monetarily and politically.

“It would be six months before we could even have an election,” Lazar said. “For a city to operate on a four-member council basis for six months is bad enough, but we would also be operating with a four-member Planning Commission as well.”

“Certainly 500 votes is a pretty significant number,” she added.

A fifth planning commissioner would be nominated by the fifth council member.

The estimated cost of a special election is $100,000, city officials said. Laxdal has sent a letter to council members saying he supports appointing Markey.

Fox said that a significant portion of the two years remaining in Schillo’s term would be lost if a special election is required.

“It takes 30 days to certify an election, so that puts us in July,” Fox said. “Then the council is off in August, so the first time the fifth person would serve in any meaningful capacity would be September.”

But Zeanah said her understanding is that a special election could be held as soon as April.

“I know there is talk that this would hamstring the community,” she said. “We’ve got some serious development issues coming before the council. I think the community deserves a five-member council as well, but it should be representative of the public.”

City Atty. Mark Sellers said that an election probably could not be held before June.

“It has to be at least 90 days away,” he said.

The issue will be discussed at a council meeting Dec. 13. Initially, the replacement of Schillo was not expected until early January, when he takes office as county supervisor. But Thursday, Schillo announced that he would resign the following Tuesday, prompting Lazar to propose a vote on the Markey appointment for the same day.

Zeanah and Councilwoman Jaime Zukowski protested, saying that meeting is dedicated to inaugurating the council’s new member and saying farewell to old ones. So the discussion was delayed until the following week.

On either side of the issue, council members said they have heard only support for their positions.

“I’ve been hearing from the beginning that people prefer a special election,” Zeanah said. “They stop me in public to tell me that.”

Fox said he has yet to receive a phone call in favor of a special election.

“I’m convinced that this (appointing Markey) is what the majority of the people want to do,” he said.

Zukowski did not return phone calls Friday, but has said earlier that she favors a special election.

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If the council splits 2-2 on the issue, then a special election would be held.

Markey said he is disappointed at Zeanah’s change of heart.

“Elois, she’s the one that came out in the paper and said that she wanted to get a fresh start and start the new council on a positive note,” Markey said. “Here she is changing her mind.”

But he said he is ready to start campaigning again if necessary.

“I’ll find out the 13th,” he said. “And I’ll announce that night and start campaigning right away. I’ve still got a campaign fund that is viable.”

Meanwhile, Zeanah struck a somewhat conciliatory note, saying she plans to nominate Fox to serve as mayor pro tem during Tuesday’s meeting.

“While Jaime represents the former council, Andy would represent the newcomers,” she said. “I think it would be appropriate having a combination representing the new and the old on the council.”