Re “On Dec. 12,Friends Say Malsin Will Quit, but Only for a Little While”
A little more than a month before he temporarily resigns from the City Council to protect his family healthcare benefits, it turns out that Scott Malsin could end up serving 14 years — blowing the notion of term limits off the table and out the window.
That would be a record in the era of term limits, instituted two decades ago.
His motivation: A new, slimmed-down healthcare policy takes effect for city employees with five years of service on Jan. 1. Mr. Malsin, wih five years, 7½ months on the Council, has until Dec. 31 to quit his Council seat without having his benefits shrunk.
For those who believe Mr. Malsin has engineered one of the shrewdest calculations in Culver City history, he has committed an act of brilliance.
For those who believe he is at least violating the spirit of term limits, they say Mr. Malsin is “gaming the system.”
It was reported here — incorrectly — two days ago that after Mr. Malsin’s creatively timed, imaginatively designed resignation, set for Monday, Dec. 12, he will return in the spring to run for “re-election” and only will be eligible to serve out the remainder of his present term.
Wrong.
In fact, according to city officials and the City Charter (see below), Mr. Malsin will be eligible to run for a full four-year term because he will have served less than half of the four-year term to which he was elected in April of 2010.
He will have served one year, 7½ months of this, his second term, if he leaves the Council, as he has told friends, after the City Council’s Dec. 12 meeting, the last one of the calendar year.
With four seats — including Mr. Malsin’s — opening up on the Council for the April election and the three incumbents — Andy Weissman, Mehaul O’Leary and Christopher Armenta — expected to run, the race will have an amazingly familiar feel.
Trying to Evade the Short Straw
He who finishes fourth in that field — whomever it may be — will serve out the remaining two years, 4½ months of the Malsin term.
The first three finishers will qualify for standard four-year terms.
It is entirely logical, observers say, that Mr. Malsin could finish in the top three. If so, in 2016, he would be eligible to run for still another four-year term before term limits finally close him out — unless, of course, he prematurely leaves office still another time.
That would give Mr. Malsin a total of 14 years on the City Council, the longest run since Dr. Jim Boulgarides, Paul Jacobs and Richard Alexander all served for 16 years, according to Steve Rose, CEO of the Chamber of Commerce and historian.
Here is how the City Charter reads:
SECTION 604. VACANCY.
The City Council, by a vote of at least three of its members, may appoint a replacement to fill any vacancy on the City Council. Such appointee shall hold office until a successor is elected and certified. If the vacancy occurs before the first day to file nomination papers for the next general municipal election, a Council Member shall be elected at that election as the successor to any appointee, or to fill the vacancy if it has not previously been filled by appointment, and such newly elected Council Member shall serve the remainder of the unexpired terms and until a successor is elected and certified.
If a vacancy is not filled by appointment within 30 days after its occurrence, the City Council shall immediately call a special election to fill the vacancy. The special election shall be held not later than 120 days after the vacancy occurs, except that no special election shall be called to fill the vacancy if it cannot be held at least 180 days before the next general municipal election. A person elected at a special election shall hold office for the remainder of any unexpired term and until a successor is elected and certified.
If there is an election to fill one or more full terms and one or more unexpired terms, then the candidates who receive the highest number of votes shall serve the full terms, and of the candidates remaining, those who receive the next highest number of votes shall serve the unexpired terms.
At any time when there are three or four vacancies on the City Council, the remaining Council Member or Members shall constitute a quorum for the purpose of holding a meeting to consider taking action pursuant to this section, and such action may be taken by the unanimous vote of the remaining Member or Members.
