The Sacramento County
Grand Jury announced on Thursday that an investigation found the Isleton City
Council violated state law following the death of one of its members last year.
The position remains
vacant today, the grand jury said, adding it could potentially be unfilled
throughout 2022, "diluting the public's representation in
government."
On April 23, 2021, an
Isleton city council member unexpectedly passed away, leaving a vacancy on the
five-member panel.
California law requires a
vacancy be filled either by appointment or by calling for a special election
within 60 days.
The City of Isleton posted
a "Notice of Appointment" to its website asking candidates to apply,
and specifically stating the seat would be filled in June 2021.
That never happened, the
grand jury found.
At a June meeting, the
city council learned it would cost $32,000 to hold a special mail-in ballot
election.
While several individuals
applied for the seat, the grand jury said, council members publicly stated they
did not want to pay for a special election, nor appoint anyone to the position.
The grand jury said the
decision was made despite the Isleton city attorney warning the council that
not filling the vacancy was a violation of state law, as well as a violation of
requests from Isleton residents.
"The council
essentially voted unanimously to break the law," grand jury foreperson
Deanna Hanson said in a media statement.
"They did not
adequately explore options available to them to remedy the situation," she
said.
"This is a disservice
to the residents of Isleton who are not fully being represented in government
decisions and actions."
However, during its
investigation, the grand jury found that Government Code 36512 does not provide
any penalty when a city council ignores the mandate to fill a vacancy in 60
days.
The grand jury determined
that the lack of a penalty appeared to be a major factor in the council's
decision, and set a June 30, 2022 deadline to fill the vacancy.
If not filled by that
date, the grand jury recommends the council hold a special election.
Lodi News-Sentinel
New Sentinel-Staff
February 11, 2022
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