The Milpitas City Council recently voted to amend the Council Vacancy Ordinance and reduce special election costs.
What does this mean exactly?
Before this amendment, the City Council was required to call a special election any time they had a vacancy.
A vacancy can occur for any number of reasons, such as a resignation, a move out of the district, or an election to another office.
A recent city report stated that a stand-alone special election can cost up to $3 million dollars, or around 2% of the city’s average annual general fund.
This new amendment by the Milpitas City Council allows them the ability to vote on a case-by-case basis as to whether or not they want to fill a vacancy by appointment or call a special election; and they must do this within 60 days of the beginning of the vacancy.
The City of Milpitas found this practice to be similar to what other cities like Cupertino and Campbell are currently doing.
“Milpitas is the only city identified in this review that currently mandates a special election for every Council vacancy,” read the report. “The proposed ordinance would bring Milpitas into alignment with the approach used by neighboring jurisdictions by restoring the Council’s discretion to weigh the circumstances – including the fiscal impact, the remaining length of the term, and the proximity of the next general election – before selecting the method best suited to the situation at hand.”
The amendment to the Municipal Code was adopted on April 21 via consent calendar and will go into effect on May 21, 2026.
