State Law Clouds Debate on Filling Vacant Council Seat

City Council members, hoping to resolve tonight how to fill the vacant seat left by former Councilman Scott Montgomery, may be barred by state law from appointing a replacement.

Since Montgomery’s resignation and guilty plea to conflict-of-interest charges two weeks ago, the council has been split on whether to appoint an interim member now or leave the seat vacant until an election in March.

But with three of its five members appointed to their seats last fall, the council could violate state law by making another appointment.

A section in the California Government Code states that “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.”

Last fall--after no candidates came forward to challenge Mayor Paul Lawrason or Councilmen John Wozniak and Bernardo Perez--the council opted to cancel the election and appoint the three members, saving the city an estimated $4,500.

Moorpark City Atty. Cheryl Kane has told the council that because the names of the council members appeared on early ballots and no challengers came forward, last year’s appointments are not technically appointments, said Assistant City Manager Richard Hare.

“The three that ran went unopposed, therefore they were appointed as if they were elected,” Hare said. “If they run for an election unopposed, the law has a little out so the city doesn’t have to waste money on an election with no challengers. It keeps cities from wasting tax dollars.”

But several residents, including former Councilwoman Eloise Brown, say the city attorney’s opinion is wrong.

“Just because they violated a state ordinance once doesn’t mean they can do it again,” said Brown, who has been a frequent critic of the council. “Come on, guys, let us vote on this one.”

Brown has argued that last year’s appointments violated state law, and she said the council should wait to fill the vacancy until the next opportunity to have a citywide election.

The city’s municipal code requires that the council consider appointing an interim member to the vacancy within 30 days. The appointee would serve only until the next possible election, which city officials peg to the March 26 presidential primary.

If a majority of the members cannot agree on an appointee, the council can leave the seat vacant until the city election. Whoever wins at that time would serve the remaining months of Montgomery’s term, which expires in November, 1996. Another election for a full four-year term would follow.

The terms of Mayor Paul Lawrason and Councilman Pat Hunter also expire next fall.

The council seems split on whether to appoint or to leave the seat vacant until the March election.

Councilmen Wozniak and Hunter have both said they would prefer to leave the seat vacant, while Mayor Lawrason and Perez seem to be leaning toward an appointment.

Wozniak said that at tonight’s meeting the council would discuss what bearing the state code will have on filling the vacancy, as well as the pros and cons of making an appointment.

Although he is leaning away from making an appointment, Wozniak said a fifth member would prevent the possibility of 2-2 votes.

The Thousand Oaks City Council found itself deadlocked several times after Frank Schillo moved to the county Board of Supervisors and left his seat vacant for six months.

Wozniak said several residents have called to tell him that the council would be making a mistake if it appointed another member.

“And I’m not sure we really have to do that,” Wozniak said. “I think this code might be another nail in the coffin, another reason not to appoint. We’ll have to discuss it.”