Editorial: There's still a reasonable way out of this mess

By Doug Spoon, Editor

The lack of a decision by the Menifee City Council Wednesday night regarding a new mayor made one thing clear:

Three of the four council members are gambling about $170,000 of the city's money that they can agree on an appointed mayor on July 18 -- their last chance before an expensive March 2019 public election must be scheduled. No doubt, it's a dangerous roll of the dice. They have already failed to do so twice.

So what are the odds of a winning roll next time?

Council members Lesa Sobek, Greg August and John Denver continue to insist that the best option in replacing the late mayor Neil Winter is to appoint his replacement rather than call for an election. By postponing action at the July 6 council meeting and failing to agree on an appointed mayor Wednesday night, it appeared at the time that the window for calling an election in November was closed.

Those council members are standing by the first clause in Government Code 34902, which states, "In the case of a vacancy in the office of the mayor for any reason, the council shall fill the vacancy by appointment. If the council fails to fill it within 60 days, it shall call an election to fill the vacancy to be held on the next established election date to be held not less than 114 days thereafter."

Council member Matt Liesemeyer continues to stand by the second clause, believing the council should call for an election instead. And even though the council's next scheduled meeting on July 18 is less than 114 days from the November election, there was still time on Wednesday to adopt an ordinance to call for an election immediately.

According to estimates provided by the Registrar's Office to the City, a mayoral election in November would cost about $40,000. A special election in March, which is not a normal election month, would cost an estimated $210,000. Thus the $170,000 chunk of change the proponents of an appointment are gambling on the chance they can agree on an appointee in one more meeting.

A Menifee 24/7 news article Wednesday morning reported that the chance of the cheaper November mayoral election was now dead. But although no one is talking about it, there still is a way to make it happen.

Normally, a new ordinance would require a first and second reading in two separate council meetings, for which there is no time. But according to the staff report prepared by city attorney Jeffrey Melching, the city council could've adopted such an ordinance Wednesday night that would be effective immediately, either characterizing it as an "ordinance relating to an election" (Government Code 36937a) or characterizing it as being "for the immediate preservation of public peace, health or safety, containing a declaration of facts constituting the urgency" (Government Code 36937b).

Because they didn't adopt such an ordinance, everyone is assuming there is no chance of a November mayoral election. True, the council isn't scheduled to meet again for a month. But why not call an emergency meeting for next week, before some of the council members are scheduled to go on vacation July 1?

Wouldn't it be worth meeting one more time within the November election window to at least discuss such an ordinance? If that meeting doesn't take place and the July 18 attempt to agree on an appointee fails, would this city council forever be remembered as the council that cost the city $210,000 for an election it could've held for $40,000?

That wouldn't go over well with the public, especially those who already are critical of the council's handling of finances. Will a council that is still trying to convince residents of the importance of Measure DD funds lose credibility by spending over $200,000 on something that results in no additional police protection or road improvements?

August and Sobek have been the most vocal proponents of an appointment. So far, however, they have not been able to receive support from Denver or Liesemeyer for any nominee. The fact Denver favors an appointment but didn't vote for Sobek or the other nominees from August indicates he is hoping to be nominated himself.

Liesemeyer said again Wednesday night that he was committed to the idea of an election, which is why he voted against all three nominations. He is being lauded as the hero in the group by many on social media. If he changes his stance now, he's a hypocrite, right? Don't count on that happening.

So the gamble continues. Will council members decide to play the safe bet and call an emergency meeting to adopt an ordinance for a November election and save $170,000? Only they can make that decision.