Tracy council keeps vacancy rule, unanimously appoints third-place finisher Mateo Badoya

The Tracy City Council on Jan. 7 voted to keep its current policy on filling council vacancies and then unanimously appointed Mateo Badoya to the remaining term ending December 2026.

The council first voted 3-1 to maintain the existing policy (Option 1), which directs the council to appoint the next-highest vote recipient from the most recent general municipal election. Councilmember Dan Evans moved the motion and Mayor Pro Tem Steve Abercrombie seconded. The roll call on that motion was Evans: yes; Abercrombie: yes; Councilmember Dottie Nygaard: no; Mayor Amir Areola: yes. After adopting the policy, the council voted 4-0 to implement it and appoint Badoya.

Why it matters: The decision resolved a dispute that drew large public turnout, dozens of written comments and hours of testimony. Residents and organizations urged both sides: many speakers said the earlier, unanimous Oct. 15 policy change required appointing the third-highest vote getter; others urged the council to adopt a different process that would exclude incumbents or open vacancies to an application and interview process.

Staff summary and legal background: Interim City Attorney Andrew Shen reviewed state law and city practice in opening remarks, citing Government Code section 36512 as the state default that allows a council to either appoint someone to a vacancy or call a special election, but leaves the appointment process to the local policy of the city. Acting City Manager Arturo Sanchez told the council the city’s current policy — adopted by the prior council on Oct. 15, 2024 — calls for the next-highest vote recipient to fill vacancies and allows appointment by simple majority by resolution.

Public comment: Dozens of residents spoke during two public-comment periods. Supporters of Badoya said the Oct. 15 policy was in place before the election and therefore voters cast their ballots knowing that a vacancy would go to the next-highest vote getter. “The policy was in place when the election took place. We know what we were voting for,” attorney and longtime resident Steve Nicolau told the council. Other speakers urged a different approach, arguing that returning an incumbent who failed to win election undermines the voters who chose new council members.

Council discussion and outcome: Councilmembers debated several staff-drafted options — keeping the current policy, excluding unsuccessful incumbents, sequentially considering subsequent vote-getters, or opening the seat to applications and interviews. After the initial policy vote, Councilmember Evans moved the implementing motion to appoint Mateo Badoya; the council approved that motion unanimously by roll call (Evans, Abercrombie, Nygaard, Areola all voted yes). Badoya was then sworn in at the meeting.

Process note: Council and staff flagged that if an appointment had failed to obtain a majority, state law allows for a special election; councilmembers said they preferred to avoid that expense if possible. Interim City Attorney Shen said the city does not face a substantial risk of successful litigation from amending policy, but councilmembers repeatedly emphasized the need for transparency and for policies that garner public trust.

What the council directed next: With the vote, the council implemented the Oct. 15 policy for this vacancy and completed the appointment. Several council members and members of the public said they want the council to review the vacancy policy prospectively and consider whether changes are needed for future vacancies.