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The Measure provides that a vacancy in the office of City Attorney be filled by the City Council when fewer than 24 months remain in the term of the office. At such time as a vacancy in the office of City Attorney is declared by the City Council with less than 24 months remaining in the unexpired term, the City Council shall seek to fill the vacancy through a process that substantially complies with the process set forth in this section.

To fill a vacancy in the office of the City Attorney when fewer than 24 months remain in the term of the office, the City Council shall first direct the City Clerk to make applications for the position of City Attorney available to the public and shall designate the time period for submitting applications, which time period shall be no less than 10 business days from the date applications are made available to the public. On such date as is designated by the City Council, the City Clerk shall make applications for the office of City Attorney available to the public at the City Clerk’s office, on the City’s website, and at any other location(s) that the City Clerk deems appropriate. Applicants must submit to the City Clerk, by the established deadline, a completed application, an economic interest disclosure form, a resume, and any additional information in support of such application. The City Clerk shall not accept late applications.

No later than five days after the close of the application period, the City Clerk shall prepare and submit to the Mayor and City Council a copy of all application packages timely received and shall also establish a deadline for nominations. The Mayor and the City Council shall submit to the City Clerk, within the specified time period for response established by the City Clerk, an unrestricted number of names of applicants to be interviewed. Applicants receiving two or more nominations will be invited for an interview. With the unrestricted list of names, the Mayor and the City Council shall also submit the question(s) that they would like asked of the applicants invited to be interviewed.

Applicants will be interviewed during a noticed, public meeting of the City Council on a date selected by the City Council. Following the interview(s), the City Council shall vote to select an applicant to fill the vacancy by a majority vote of the City Council. The replacement shall be appointed to office within 60 days of the declaration of vacancy by the City Council. (Ord. 3147 § 1, 2009).