In a 3:2 vote the town council adopted a new draft policy provided by staff on how to select the town's mayor during the Oct. 9 meeting. The change came after Town Council member David Shapiro had requested during an early September meeting that the matter should become an agenda item before the new council takes over.
Back in September Council member Renata Sos felt strongly that the new policy adopted last year in September was good enough. "First of all, I don't think anything needs to be changed." Sos explained, "Because the Council still under the current protocol can use its best judgement to do what it wants and to pick whatever mayor they want regardless of whatever the voting history is."
Pointing out that there has been some conflict in electing the mayor in the past, Shapiro explained: "The voters don't elect the mayor. Some of the people think that the voters elect the mayor that's not right." He believes that the new protocol will help avoid conflict in situations when the traditional selection by received votes does not apply, like this year when all three new council members were appointed without an election.
Town manager Scott Mitnick ended the presentation of the staff report with: "For the record to make it very clear to the Council members and people who are watching, this is not a staff driven agenda item. We did not recommend this to be put on the agenda, but we were asked to review it, do some homework and come back with a recommendation. We fatefully implement whatever direction you provide us."
California law requires the council to accept the outcome of an election and to select a mayor and vice mayor. The law does not provide a protocol on how to elect the officers.
Moraga's protocol -- which states in the past to elect the mayor based on received votes and rotate after one year -- had been altered last year and now accommodates appointed council members who did not receive any votes in an election.
The new protocol passed by Council members Shapiro, Kerry, and Onoda will allow the council to elect the mayor and vice mayor by the following policy: "All Council members may vote for mayor and vice mayor and may consider seniority, experience, leadership, willingness to collaborate, efficiency, the number of votes received when elected or any other relevant and legal factor." Mitnick stated.
- A. Scheck |