Anaheim Council Deadlocks Again on Filling Vacant Seat

Increasing the possibility of a costly special election, the City Council on Tuesday failed for the fourth time to fill a vacant council seat.

The council rejected four nominees, including former council candidate Paul Bostwick and Planning Commissioner Thomas Tate. Evenly divided without a fifth member, the council deadlocked 2 to 2 on each nominee.

It is possible a Superior Court judge may resolve the matter Friday by ruling on a lawsuit by a former candidate who is demanding to be sworn into the empty seat. Shirley McCracken, 57, who finished third in the Nov. 8 election, argues the council has already voted her into the spot.

At two previous council meetings, Mayor Tom Daly and Councilman Frank Feldhaus voted to appoint McCracken to the council. McCracken asserts the two votes are enough to carry her into office. In both votes, Councilman Bob Zemel abstained, and Councilman Lou Lopez, who favors a special election, voted against McCracken.

City officials contend she needed three affirmative votes, not a simple majority on the shorthanded council.

If an impasse remains by Jan. 28, the city will be forced to call a special election in accordance with the city charter. Criticized by many residents as a waste of money in a time of fiscal hardship, a special election would cost about $100,000 and probably wouldn’t be held until June.

Besides the expense, until another election is held, the council would remain without a crucial deciding fifth vote. Such a vacancy could delay key city projects, including plans to expand Disneyland and lease negotiations with the California Angels.

The council vacancy stems from an election quirk in a 1992 charter amendment that changed how the mayor is selected. In the past, the public chose a mayor from among sitting council members for a two-year term. Now, anyone can run for mayor, which is a four-year term.

Mayor Tom Daly was in the middle of his council-mayor term when he ran and won the at-large mayoral election in November. Two years of his council tenure must be filled.