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County Counsel Says Andersen Can Be Appointed To Finish Supervisor's Term

The supervisor-elect doesn't live in the current district, but county attorneys say she's still eligible to finish the late Supervisor Gayle Uilkema's term

The Contra Costa County Counsel's office has told election officials that Supervisor-elect Candace Andersen can be appointed to finish the term of the late Supervisor Gayle Uilkema even though she doesn't live in the district Uilkema was representing.

County Clerk Steve Weir told Patch the counsel's office told him the fact Andersen was elected to the new Supervisoral District 2 is "sufficient" for her to be appointed.

Andersen, who is currently Danville's mayor, won the election for that supervisor's post on Tuesday with 60 percent of the votes cast.

The seat is now vacant due to the death last month of Uilkema.

Andersen and two other candidates ran in the new district created last fall under reapportionment. The new district includes the San Ramon Valley, Lamorinda and parts of Walnut Creek.

However, Uilkema was representing the old district, which did not include the San Ramon Valley, where Andersen lives.

The new district doesn't officially take effect until January, when the new supervisor terms begin.

Andersen said requests have been made to Gov. Jerry Brown to appoint her to finish the rest of Uilkema's term.

She said the appointment would be a logical step that "best serves" the residents of the supervisor's district.

The Board of Supervisors will consider a resolution at its June 26 meeting asking the governor to make the appointment.

Weir pointed out state law says the governor "shall" name appointments to fill vacant supervisor seats. However, the law doesn't have any enforcement mechanisms.

"There aren't any consequences if he doesn't," Weir said.

Beau Hunk June 08, 2012 at 03:09 PM
Not true. The districts were established with the redistricting decision by the Board of Supervisors on July 26, 2011 (see the County website for details). The new districts became effective at that time and Gayle's Uilkema's new District 2 was and is the same one that Candace now resides in.
David Mills June 08, 2012 at 03:36 PM
Hi, Beau: I thought so, too... but not according to the County Clerk and the County Counsel's office. They say the new district was just for the election. The old district remained in effect in case there were a recall effort before Jan. 1, 2013 or some other problems.
Beau Hunk June 08, 2012 at 05:59 PM
After some research, I'll agree with you. However, this is a muddy and turgid area of the redistricting law. I'll wager that no one thought to bring this issue up regarding the District 2 Supervisor's election. If they had, Tomi, being a resident of Lafayette in the old District 2 could have rightfully (?) argued that Candace was not a legal resident of the district and therefore could not run for office in that district. That would have been an entertaining situation, to say the least...

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