When, How & Who To Fill Starosciak Seat?

Imminent departure of City Councilwoman Joyce Starosciak could put the remaining six council members on the spot to appoint a pre-election replacement.


As the City Council tries to finish up its work in July to take an August recess one question before it will be how to deal with the pre-election vacancy that will occur when Joyce Starosciak moves out of town in early August.

Starosciak came in third behind Mayor Stephen Cassidy and former Mayor Tony Santos in the 2010 election. In an open letter to friends and supporters in June she wrote:

"Born and raised in San Leandro, I have often said that the soil is literally in my bones. When I lost the election for Mayor of San Leandro, I was heartbroken. In order to move on from the daily reminder of this loss, it has become necessary to leave."

At the July 2 city council meeting, Starosciak informed her colleagues that her departure would likely be over the summer, before her term expires in December.

City Attorney Jayne Williams told Patch that she is "reviewing the City Charter requirements and possible procedural scenarios" to suggest a process, including what would happen if there is a tie vote among the six remaining council members.

It is unclear whether Starosciak's replacement will have to be appointed before or after the election to replace her. She was unable to run for re-election because of term limits.

Three candidates are already lined up to compete for Starosciak's seat: Darlene Daevu, Chris Crow and Benny Lee.

Mike Katz, a school board member and author of San Leando Bytes, says the last time the council appointed a member was in February 2007 when it chose Jim Prola to replace Tony Santos, who had been elected Mayor.

Prola is also up for re-election in November. So far no challenger has stepped forward.

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Summer Hemphill July 09, 2012 at 06:43 PM
Of course Jim Prola is running unopposed,he's the only one who supported the regulation of medical marijuana dispensaries favored by over 75% of California voters & legal under state law. Those who obstructed "safe & legal access" in San Leandro & now seek office or re-election will likely lose to those like Chris Crow & Dan Dillman who's feelings on this matter also reflect those of the majority of their neighbors ! In light of recent Appellate Court rulings it would appear it's now time for the present City Council to repent & repeal their illegal moratorium on medical marijuana dispensaries before it becomes an untenable issue in their re-election campaigns. And of course the first thing a new City Council should do is fire City Attorney Jane Williams for her dubious legal advise in this unwarranted attack on medical marijuana patients !
Marga Lacabe July 09, 2012 at 07:02 PM
It's too early to say that Prola will be running unopposed. I met Steve Modifer at a candidates's training, so I imagine he may be considering a run. And others may turn out anyway. But it's fruitless. Jim has endless support from labor & the Democratic party, among many others, endless energy, endless experience and he LOVES campaigning. Last time around he run against four people, I think, and he got over 50% of the vote outright - which is pretty rare. But it's hard to unseat an incumbent. I don't know whether Dillman will be able to do so to Reed, regardless of how bad her performance (or non-performance) at the City Council has been. If you - or anyone else - want to make sure she's unseated, you should contact DAn and offer to work on his campaign. As for Williams, you have to remember that the advice she gives is based on the question: "what will generate the most firms for Meyers Nave"? So any advise that gets the city into legal trouble, behooves her. Her firm has made probably at least $600K by now from the Faith Fellowship litigation alone. The city pays her firm about $2M a year on legal fees /alone/. The fact that our City Council keeps her and the firm, speaks much louder to the problems with the seven of them that any votes on the marijuana issue.
Mike Katz-Lacabe July 09, 2012 at 07:02 PM
The choices for the San Leandro City Council are simple: appoint a replacement or hold a special election. According to the City Charter, "If the Council fails to fill such vacancy within sixty days after its existence, the Council shall call a special election, at which the unexpired remainder of the term of such office shall be filled by the voters." A special election would be expensive for a term that would likely be for less than four months at most, until December 31, 2012, when Starosciak's term would have ended. For that reason, it is likely that the City Council will appoint a replacement for Starosciak instead of holding a special election. Three candidates have already filed paperwork for the seat, but will the City Council want to avoid appointing any of these candidates, for fear of giving them an advantage in the November election? Alternatively, will the City Council appoint someone that they would like to win in November? In addition to commission and board members, who might be candidates for the seat, former candidates Paul Gonzales and Mike Mahoney could put their hats in the ring. And don't forget perennial candidate Lou Filipovich, who has been running for the seat since at least 1992 without success.
David July 09, 2012 at 07:41 PM
"The [Obama] administration has unleashed an interagency cannabis crackdown that goes beyond anything seen under the Bush administration, with more than 100 raids, primarily on California pot dispensaries, many of them operating in full compliance with state laws. Since October 2009, the Justice Department has conducted more than 170 aggressive SWAT-style raids in 9 medical marijuana states, resulting in at least 61 federal indictments." Federal agents have also threatened to prosecute state/local employees who carry out state laws on medical marijuana.
Paul Vargas July 10, 2012 at 03:47 AM
I'm willing to guess that the City Council will appoint someone who will run in November. Another of their cronies. Well, I guess Santos isn't the only sore loser in this town. Now we know that Joyce has to bail out even before her term ends because she can't handle the daily reminder of having lost? What? She can't handle Cassidy? Big deal, get over it lady.
Fran July 10, 2012 at 03:55 AM
They could appoint someone who says they won't run in November, then at the last minute decide to run with an advantage, our very own Ed Lee.
Paul Vargas July 10, 2012 at 03:57 AM
You mean Ed Lee was San Francisco's very own John Faria.
Fran July 10, 2012 at 04:04 AM
Yes, but Ed Lee went onto win, unlike Faria, and hopefully whoever they appoint here :)
Paul Vargas July 10, 2012 at 04:47 AM
Maybe they could appoint Faria again? Wouldn't that be dandy? What about that gal Corina Lopez? I thought she moved into the Manor? Was anyone at the candidates night when Bob Glaze kept calling her Corinne? bahhahahhahaha He probably thought she looked like Corinne Tate from Soap. bahahhahahahahah
Marga Lacabe July 10, 2012 at 07:39 AM
This is why they should appoint Lou Filipovich.
Fran July 10, 2012 at 02:16 PM
That would be great. Does he live in the Manor?
Charles Gilcrest July 10, 2012 at 06:06 PM
Save money by declaring the November election to be both the General Municipal and Special election, so the winner of the seat takes office immediately upon certification of the results. If the Council chooses to appoint there are worthy candidates with decades of service to the Manor like Bob Leigh or Frank Sidari for whom a couple of months on the Council would be an appropriate culmination.
Caryl Ann July 11, 2012 at 02:34 AM
Did it ever occur to you that her family comes first?
Paul Vargas July 11, 2012 at 02:34 AM
If her family comes first then why didn't she think of that 8 years ago????
Marga Lacabe July 11, 2012 at 02:37 AM
If her family came first, she wouldn't take them away from their friends and community because she feels too bitter about having lost the election.
Marga Lacabe July 11, 2012 at 02:38 AM
That's what makes the more sense to me as well, Charlie. I don't understand why they can't just do that.
Paul Vargas July 11, 2012 at 02:57 AM
It's only a couple months. The Manor will survive a couple months. Hell, they survived 16 years of Bob Glaze. bahhahahahahahaha


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