The Poway City Council unanimously approved a new policy that requires a special election when filling a vacancy that occurs within the first 18 months of a council member’s four-year term.
The council considered the item April 15 after it was proposed by Mayor Steve Vaus two weeks earlier. During discussions, Vaus said he struggled with the length of time a departing council member should be in office before requiring an election to replace the member, rather than appointing a replacement.
Vaus said 18 months seemed to make sense because a special election could be held within a reasonable timeframe.
“Up until the 18-month mark, you are likely to be able to have that special election before the end of the second year of the term,” Vaus said. “Anything beyond that, because of state law, you wouldn’t be able to have the special election until the spring of the fourth year, because there are no regularly scheduled elections that you have to make your special election part of.”
Council in recent years have faced pushback from residents who have complained about the council making appointments instead of approving special elections after vacancies.
Since 2018, the council has approved three appointments. In District 4, Caylin Frank replaced Jim Cunningham after he left office in June 2018 with three years remaining in his third term. In 2023, Anita Edmondson was appointed to fill the vacancy left by District 2 Councilmember Barry Leonard. And in January of this year, Christopher Pikus was appointed to fill a vacancy after former District 1 Councilmember Brian Pepin resigned after two years in the position.
Councilmember Jenny Maeda suggested a timeframe of within 24 months of taking office, but still ed the 18-month window as “a step in the right direction.”
Pikus ed the policy, but said the council seat could be vacant for six to nine months because it takes a while to arrange a special election.
Council member Tony Blain voted in favor of the special election policy, but called it “a blatant political attempt by Mayor Vaus to maintain political control of the city and expand development and expand battery plants in Poway.”
Blain, who is facing a recall effort, said a special election would likely result if the effort succeeded. Recall efforts by residents are also under way for Vaus and Peter De Hoff, he said. If they were recalled, the council would likely replace them with appointed council , he said.
The resolution takes effect immediately, according to a staff report.
Also at the April 15 meeting, the council gave initial approval to creating a rule that a recess must be requested for a councilmember to leave the dais during any portion of a meeting.
The ordinance, which amends the Poway Municipal Code, was approved 4-1, with Blain opposed. The council will take the final vote on May 6.
De Hoff, who initially proposed the item two weeks ago, talked about how Blain has been leaving the dais during presentations by speakers and discussions by council who are making complaints about his behavior or talking about the recall effort against him.
“It is a disservice to residents and an embarrassment to the city,” said De Hoff, who participated in the council meeting remotely from Washington, D.C.
He said the job of council is to interface with constituents.
Requests for a recess would be granted due to a medical or disability-related issue, but the rule would not apply for council who recuse themselves from voting due to actual or perceived conflicts of interest, according to a staff report.
“Any request for a recess shall be granted, unless the quantity or duration of the requested recess(es) would materially disrupt the meeting,” the report said.
Leaving the dais without a recess would be considered an absence from the meeting without permission, the report said.
Additionally, the amendment to the city’s municipal code would ensure that council who physically leave the dais without a permitted recess would not be allowed to “participate in, make comments on, or vote on that item or any subsequent items introduced while they are absent from the dais.”
Maeda said she s the new rule because it “follows common sense and common courtesy.”
Blain did not address the topic when it was his turn to speak.
Speaker Yuri Bohlen told the council that the new rule is comparable to how sports teams apply fines or remove players who do not show up for games and practices.
“It’s an honor and privilege to serve the community,” Bohlen said to Blain, who was participating in the meeting remotely from Tennessee. “To ignore your constituents is disrespectful, even the ones who don’t vote for you. You’re supposed to represent everyone.”
Near the close of the meeting Vaus and City Manager Chris Hazeltine recommended two future agenda items.
Vaus said he would like the council on May 6 to consider amending a city code to add financial penalties to council member violations of the Brown Act, attorney client privilege, use of city email for political purposes, and violations of the code of conduct of the council.
Vaus said he estimated that Blain had violated the Brown Act at least three times and the municipal code a half-dozen times in the 30 hours before the meeting.
“As any parent knows, rules without consequences are nothing more than suggestions,” he said. “We’re in a situation where we have a member who flagrantly violates our municipal code and state law with impunity. It’s sad that we need kindergarten rules for kindergarten behavior.”
Maeda said she was opposed to placing the item on the next council agenda, although other council ed the item.
Hazeltine recommended that the council consider guidelines to help city staff manage “an overwhelming number of emails received from Blain.”
“We’re dealing with hundreds of emails – several each day – and many of them are nonsensical and accusatory,” Hazeltine said.
The council unanimously ed the item for discussion on May 6.
