Procedure for Filling Vacancies in Elective Offices by Appointment

San Diego Municipal Code ch. 2, art. 7, div. 8

in effect

San Diego Municipal Code § 27.0801 Purpose and Intent)

§27.0801 Purpose and Intent) The purpose and intent of this Division is to establish an orderly procedure for the Council to follow in making any appointment to an elective office, for all individuals interested in being appointed to a vacant elective office to follow in presenting their applications for consideration by the Council, and allow for public participation in the selection process. If a position is to be filled by appointment, the procedures provided for in this Division shall be followed. An appointment to fill a vacancy in any elective office shall be made within 30 days of the date of the vacancy. (Amended 9-10-2001 by O-18979 N.S.) (Amended 1-30-2015 by O-20454 N.S.; effective 3-1-2015.) (Amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0802 Notice to be Published by City Clerk

§27.0802 Notice to be Published by City Clerk (a) If a vacancy exists by any reason other than resignation or a successful recall or removal election, and the elective office is to be filled by appointment, the City Clerk shall publish within five calendar days of the date of vacancy, as determined by section 27.0703(b), the following notice in a paper of general circulation within the City of San Diego: A vacancy exists in the office of (Mayor, City Attorney, or for a specific Councilmember). The term of this office is from the date of appointment to (insert date). Interested applicants may obtain information and forms at the Office of the City Clerk, City Administration Building, 202 C Street, San Diego, California. To be considered, applications shall be returned to the Office of the City Clerk by close of business, 5:00 p.m. on (insert date 14 calendar days after the date of the vacancy as determined by section 27.0703(b)). (b) If a vacancy exists or will exist by reason of a resignation, the City Clerk shall publish as soon as practicable in a paper of general circulation within the City of San Diego the following notice: A vacancy exists (or will exist) in the office of (Mayor, City Attorney, or Councilmember, 1st through 9th District) on (date vacancy expected to occur). The term of this office is from the date of appointment to (insert date). Interested applicants may obtain information and forms at the Office of the City Clerk, City Administration Building, 202 C Street, San Diego, California. To be considered, applications shall be returned to the Office of the City Clerk by close of business, 5:00 p.m. on (insert date of the calendar day before vacancy occurs if at least a 14 calendar-day interval exists between publication and date of vacancy; if not, insert date 14 calendar days after date of publication). (Amended 9-10-2001 by O-18979 N.S.) (Amended 1-30-2015 by O-20454 N.S.; effective 3-1-2015.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.) (Renumbered from Section 27.0803 to Section 27.0802, retitled from “Notice to be Published by Clerk” to “Notice to be Published by City Clerk” and amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0803 Obtaining Application Forms

§27.0803 Obtaining Application Forms The City Clerk will not issue application forms until the City Clerk has verified the applicant’s voter registration and residency required under section 27.0110. Applicants for appointment to elective office shall file with the City Clerk on or before the date for return of applications as published by the City Clerk under section 27.0804 background information certified by the applicant as true and correct, signed under California perjury laws, disclosing the following: (a) name; (b) current address; (c) length of residence at current address, and address for the past 30 days if other than the current address; (d) Statement of Economic Interests Form 700; (e) a resume which includes the profession, vocation, or occupation the applicant engaged in during the past five years, together with the address of and dates of service for each such profession, vocation, or occupation; branch, dates, and rank at discharge of military service, if applicable; and education starting with high school to the highest level attained together with the name of each educational institution attended and any degree or diploma received; (f) a statement of qualifications not longer than 500 words expressing in the applicant’s own words the reasons why the applicant believes they are qualified for the elective office; (g) the required number of signatures of voters in the form and content required by the nomination procedures in this Article as follows: (1) for Mayor or City Attorney, at least 120 voters registered in the City, and who at the time of signing are registered voters of the City; or (2) for Councilmember, at least 60 voters registered in the district and who at the time of signing are registered voters in the district from which the applicant seeks nomination; and (h) a statement signed under California perjury laws that the applicant complies with the requirements of section 27.0110 and has been a resident and voter of the City in the case of the Mayor or City Attorney, or of the district in the case of Councilmembers, for at least 30 calendar days immediately before the date of making application for appointment. (Amended 9-10-2001 by O-18979 N.S.) (Amended 1-30-2015 by O-20454 N.S.; effective 3-1-2015.) (Amended 6-27-2023 by O-21667 N.S; effective 7-27-2023.) (Renumbered from Section 27.0804 to Section 27.0803, retitled from “Application Forms and Requirements” to “Obtaining Application Forms” and amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0804 Deadline for Filing Application Forms

§27.0804 Deadline for Filing Application Forms (a) If a vacancy exists by any reason other than a successful recall or removal election, the deadline for applicants to file application forms with the City Clerk shall be 14 calendar days after the date of the vacancy, as determined by section 27.0703(b). (b) If a vacancy exists or will exist by reason of a resignation, the deadline for filing application forms with the City Clerk shall be one of the following: if there are at least 14 calendar days between the time of the (1) publication required by section 27.0802 and the date of vacancy, the deadline shall be the calendar day before the vacancy occurs; or (2) if there are fewer than 14 calendar days between the time of publication required by section 27.0802 and the date of vacancy, the deadline shall be 14 calendar days after the date of publication. (Amended 9-10-2001 by O-18979 N.S.) (Amended 1-30-2015 by O-20454 N.S.; effective 3-1-2015.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.) (Renumbered from Section 27.0802 to Section 27.0804 and amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0805 Acceptance or Rejection of Application Forms

§27.0805 Acceptance or Rejection of Application Forms (a) If, based on an initial review, the City Clerk determines that an applicant’s application forms substantially comply with this Division, including the signature requirements in section 27.0803(g), the City Clerk shall accept the application as filed. (b) If, based on an initial review, the City Clerk determines that an applicant’s application forms do not substantially comply with this Division, the City Clerk shall not accept the application papers as filed. (c) Applicants must submit all application forms for filing at the same time; no supplemental filings are allowed. (“Acceptance or Rejection of Application Forms” added 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0806 Verification of the Signatures for Applicants to Elective Office

§27.0806 Verification of the Signatures for Applicants to Elective Office The City Clerk shall verify the validity or invalidity of signatures submitted by the applicant as required by section 27.0803(g) as soon as practicable to determine sufficiency or insufficiency. The City Clerk shall only count valid signatures. (“Verification of the Signatures for Applicants to Elective Office” added 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0807 Notice of Sufficiency of Application Forms

§27.0807 Notice of Sufficiency of Application Forms If the City Clerk finds an applicant’s application forms to be sufficient and in proper form, the City Clerk shall so certify and shall send a notice of sufficiency to the applicant seeking appointment to elective office. (“Notice of Sufficiency of Application Forms” added 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0808 Notice of Insufficiency of Application Forms

§27.0808 Notice of Insufficiency of Application Forms If the City Clerk finds an applicant’s application forms to be insufficient or in improper form, the City Clerk shall so certify and shall send a notice of insufficiency to the applicant seeking appointment to elective office. (“Notice of Insufficiency of Application Forms” added 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0809 Responsibilities of the City Clerk

§27.0809 Responsibilities of the City Clerk The City Clerk shall furnish each applicant with a copy of this Division and shall advise each applicant of the dates set by the Council for public hearings on the applications. (Retitled from “Responsibilities of the City Clerk” and amended 9-10-2001 by O-18979 N.S.) (Renumbered from Section 27.0805 to Section 27.0809, retitled from “Responsibilities of the City Clerk and the Police Department” to “Responsibilities of the City Clerk” and amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0810 Public Hearing

§27.0810 Public Hearing Before any appointment to fill a vacancy in an elective office may be made, the Council shall hold at least one public hearing for the purpose of considering the applications for appointment. The hearing shall be scheduled so that the appointment can be made within 30 days of the date of the vacancy as specified in section 27.0703. A second public hearing may be held if there are additional questions or if the Council needs additional time for discussion before making the appointment. (Amended 9-10-2001 by O-18979 N.S.) (Amended 1-30-2015 by O-20454 N.S.; effective 3-1-2015.) (Renumbered from Section 27.0806 to Section 27.0810 and amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.) Public Hearing and Appointment

San Diego Municipal Code § 27.0811

§27.0811 (a) At the public hearing required by section 27.0810, each applicant shall be allowed three minutes to make a presentation to the Council in support of the applicant’s candidacy for appointment. At the discretion of the presiding officer, Councilmembers may ask brief questions for clarification concerning either the presentation or matters contained in the application filed with the City Clerk. Applicants shall also be expected to answer questions from Councilmembers concerning their candidacy. Such questions may concern but need not be limited to the applicant’s background, philosophy of government, reasons for seeking appointment, and opinions on relevant municipal issues. (b) At the conclusion of the public hearing or at a later meeting held within 30 days of the date of vacancy, the Council may adopt a resolution appointing an applicant to fill the vacancy. (“Public Hearing and Appointment” renumbered from Sec. 27.3106 and amended 7-26-1999 by O-18664 N.S.) (Renumbered from Section 27.0807 to Section 27.0811 and amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0812 Optional Second Public Hearing and Appointment

§27.0812 Optional Second Public Hearing and Appointment (a) If, during the public hearing required by section 27.0810, the Council determines that there are too many applicants to consider in a single public hearing, the procedures outlined in section 27.0812 shall apply. (b) Before the conclusion of the first public hearing, the Council shall select at least four but no more than six applicants to appear at the second public hearing. After the selection is made, the presiding officer shall announce the names of the applicants invited to appear at the second public hearing and set the date and time of such hearing. (c) At the second public hearing, applicants invited to appear shall be expected to answer questions from Councilmembers concerning their candidacy. Such questions may concern but need not be limited to the applicant’s background, philosophy of government, reasons for seeking appointment, and opinions on relevant municipal issues. (d) At the conclusion of the second public hearing the Council may then, or at a later meeting held within 30 days of the date of vacancy, adopt a resolution appointing an applicant to fill the vacancy. (“Optional Second Public Hearing and Appointment” renumbered from Sec. 27.3107 and amended 7-26-1999 by O-18664 N.S.) (Renumbered from Section 27.0808 to Section 27.0812 and amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0813 Election of Official Following Appointment

§27.0813 Election of Official Following Appointment (a) Any individual appointed by the Council to fill a vacant Council District seat shall not be eligible to run for that elective office for the next succeeding term. (b) Any individual appointed by the Council to fill a vacant seat in the office of the Mayor or office of the City Attorney shall not be eligible to run for that elective office for the next succeeding term. (Retitled from “Election of Appointed Councilmember Prohibited” and amended 9-10-2001 by O-18979 N.S.) (Renumbered from Section 27.0809 to Section 27.0813 and amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art07Division08.pdf#page=1Fetched: 10/28/2026