City Council delays decision on plan for replacing mayor

Mayor Pro Tem Lesa Sobek and council member Greg August look at one of several proclamations presented to Neil Winter's daughter, Nicole, during Wednesday night's Menifee City Council meeting. Menifee 24/7 photos: Kristen Spoon

The Menifee City Council on Wednesday delayed a decision on how to fill the vacancy created by the death of Mayor Neil Winter.

After listening to city attorney Jeffrey Melching explain the legalities of the two options -- appoint a replacement or call for an election -- the four remaining council members voted unanimously to "receive and file" Melching's report. The issue will be next addressed at the June 20 council meeting.

"It's been a very stressful time," said Mayor Pro Tem Lesa Sobek, conducting the meeting for the first time. "In the last few months we've brought in a new city manager, we've had some other major employee changes ... it's been stressful. But we must remember we represent you, the people. You voted us in to make hard decisions. I don't know if we vote just to receive and file this tonight, make a different motion or what."

Sobek was the only of the four council members who didn't express at least a preference one way or the other. Council member Greg August said he was "leaning toward an appointment scenario prior to July 18."

That date represents the end of the 60-day period following Winter's death. If the council does not appoint a replacement by July 18 -- either voting to appoint one of its own as mayor or another Menifee resident -- it would be legally required to call for an election.

As Melching explained, the deadline to place such an item on the November ballot is July 16 -- two days before the window for considering an appointment runs out. He said the only way to have such an election in November would be to adopt an ordinance declaring that for this and all future council vacancies, an election must be held rather than an appointment.

Otherwise, an election wouldn't be held until March 2019 -- the next legal date in the election cycle.

"I do not favor an election in March, which would leave us without a sitting mayor for about nine months," August said. "I'm also not in favor of an ordinance, which means we couldn't have the election in November. If we make a decision now, my only decision would be to appoint a replacement from within."

Council member Matt Liesemeyer said he was in favor of calling an election.

"I believe the decision should be with the people, whether it's an election in November or March," Liesemeyer said. "I know there's a lot at stake, but that's the case either way. There's going to be a new person on the council in the next few months, no matter what."

If one of the four current council members is appointed mayor, that council position would have to be filled as well. If that person were either Liesemeyer or John Denver, their council seat would automatically be filled in November because their district seats are up for election.

"If the will of the council is to make an appointment and I had to reconcile that, I would have to say the choice should be John, because his seat is up anyway," Liesemeyer said. "That would be the easiest course to move forward, but we should also respect the will of the people."

Denver's time as District 4 council representative is up in November because of term limits, but he would be eligible for run for mayor because it is considered a separate, at-large position. Liesemeyer is eligible to run for another four-year term as District 2 representative.

Denver seemed to question the option for holding an election, citing the cost to the city. Although there will already be at least two city issues on the November ballot, city clerk Sarah Manwaring estimated that adding a mayoral election to the slate could cost an additional $40,000 or more, and even more than that -- perhaps as much as $75,000 -- if a special election were held in March.

After discussion, Liesemeyer made a motion -- seconded by August -- that the matter be continued until the June 20 meeting.

The meeting was adjourned in memory of Winter, who was also memorialized in proclamations presented earlier in the meeting by representatives of Congressman Ken Calvert, Senator Mike Morrell, Assemblywoman Melissa Melendez and Riverside County Supervisor Marion Ashley.