Councilmember Ken Lambert resigns; city attorney says vacancy requires special election

Councilmember Ken Lambert submitted a letter resigning his council seat effective immediately, the mayor read into the record at the Jan. 15 Los Banos City Council meeting.

The mayor read Lambert’s letter in which Lambert wrote he must “make priorities, my health and family,” and concluded, “With that, I formally submit my resignation effective immediately.”

City Attorney Bill Vaughn told the council the Government Code does not allow the city to fill a vacancy by appointment if doing so would result in a majority of the council being appointed rather than elected. Vaughn said city staff and the city clerk are contacting Merced County to identify available dates for a special election and noted there are strict timeframes the city must meet.

Vaughn estimated the cost of a stand-alone election could be in the range of $50,000 to $100,000 and said a mail-ballot election would likely cost less; he said staff will report back with options and potential dates at the next council meeting. No motion was needed to accept Lambert’s resignation because it was submitted in writing and read into the record.

The mayor thanked Lambert for his service and wished him well. The council did not take further action on appointment to the seat at the Jan. 15 meeting; staff will return with scheduling options for a special election.

What’s next: the city clerk and city attorney will coordinate with Merced County elections officials to set a date and provide cost estimates for the council’s next meeting.