Board stalls choice of successor mayor after nominations, continues decision to Jan. 7

The San Francisco Board of Supervisors convened as a Committee of the Whole on Jan. 4 to consider rules and nominations to appoint a successor mayor in the event of a vacancy in the mayor—s office, a process spurred by Mayor Gavin Newsom—s election as lieutenant governor and his delay in taking that office.

Supervisors opened the public hearing and heard an hour of public comment, followed by nominations of four candidates: Sheriff Michael Hennessy; former Mayor Art Agnos; City Administrator Edwin (Ed) Lee; and former Supervisor Aaron Peskin. None of the four secured the majority of the full board in multiple roll-call rounds, and the board voted to continue the appointment process to a special meeting on Friday, Jan. 7 at 3 p.m.

The board first voted 9-2 to convene as a Committee of the Whole. During the hearing, city legal counsel warned the board that the legal status of Mayor Newsom—s office is unsettled because he has not taken the lieutenant governor—s oath; outside counsel told the board, "our opinion is that mayor Newsom is still mayor" because the oath of office has not been taken, but also noted that the appointing authority to fill a vacancy rests with the Board of Supervisors if a vacancy exists.

Supervisor David Campos nominated Sheriff Michael Hennessy, praising his decades of public service and criminal-justice programs. "I am proud to make a nomination ... sheriff Michael Hennessy," Campos said. Other supervisors nominated former Mayor Art Agnos, City Administrator Ed Lee and former Supervisor Aaron Peskin. Supervisors explained their preferences and concerns through two full rounds of roll-call votes.

Vote tallies from the first round: Michael Hennessy 5 yes, 6 no; Art Agnos 4 yes, 7 no; Ed Lee 4 yes, 7 no; Aaron Peskin 3 yes, 8 no. A second round produced similar results with no candidate reaching the six votes needed for a majority of the 11-member board. Several supervisors said they were open to further discussion but wanted more time to consult with nominees and colleagues.

Deputy City Attorney and outside counsel repeatedly told the board that the issue raises questions of first impression under the California Constitution and that a court could ultimately review any appointment if there were competing claims to the mayoralty. Counsel noted the possibility of quo warranto proceedings if rival claimants arose, and cautioned about legal uncertainty if rival appointments were made before the lieutenant governor-elect takes an oath.

After several hours of deliberation, and additional caucusing, the board voted to continue the matter to a special meeting on Jan. 7 at 3 p.m. The clerk recorded the continuation.

The continuation gives supervisors additional time to speak personally with nominees, to allow proponents to build broader support and to prepare for a final ratification vote should a vacancy occur. The board emphasized that this meeting is a pre-ratification step; a final appointment would still require a later ratification when a vacancy actually exists or if Newsom formally relinquishes the office of mayor.