Menlo Park: Mayoral appointment policy disregarded only once before Menlo Park: Mayoral appointment policy disregarded only once before (December 14, 2005)

By Rory Brown

Almanac Staff Writer

Contrary to city documents, the testimony of City Council members and popular belief, Menlo Park's mayoral appointment policy has been breached only twice, and both instances occurred in the last three years.

Council members Nicholas Jellins, Lee Duboc and Mickie Winkler are the only members of any council to cast a majority vote disregarding the policy since it was adopted in 1993. In both instances, Mr. Jellins was named mayor -- in 2002 and this year, at the December 6 council meeting.

Mayors are council members, appointed by the majority of the council, who chair council meetings and serve as ceremonial heads of city government.

The policy says council members who have served at least one year but have not been mayor should be first in line for the mayoral chair. If all council members have served as mayor, the council member who has filled the seat least recently becomes mayor, according to the policy.

But the policy lacks the force of law, so a council majority can disregard it, which is what happened December 6 and in 2002.
Errors in document

For the December 6 meeting, a document was prepared by City Clerk Sylvia Vonderlinden that lists council members named mayor and mayor pro tem since 1984, and notes whether the mayoral policy was followed since it was adopted in 1993.

The document has several errors. It says the policy was violated in the mayoral appointments of 1996, 1997 and 2001, when the policy was actually followed in each of those years.

In the document, Ms. Vonderlinden cites seniority as an explanation of how the policy was violated, referring to instances in which then-councilwoman Bernie Nevin (now Bernie Valencia) was denied the mayoral seat.

During the week preceding the December 6 meeting, councilwomen Winkler and Duboc referred to the 1997 council's decision to elect then-councilman Chuck Kinney mayor, instead of Ms. Nevin, as a violation of the policy.

Ms. Nevin was the most senior member of the 1997 council to have not served as mayor, but seniority isn't necessarily a factor in choosing a mayor according to the policy.

"Seniority only comes into play if all council members have served as mayor," said City Attorney Bill McClure. "Otherwise, there is no requirement to follow seniority."

In 1997, Mr. Kinney did not have equal experience to Ms. Nevin, but both of the council members were equally qualified to become mayor, according to the policy. Both had been on the council for at least one year, and neither had served as mayor.

Ms. Vonderlinden could not be reached for comment.

During the 2002 mayoral appointment, Mr. Kinney was denied the mayoral seat when Mr. Jellins, Ms. Winkler and Ms. Duboc cast votes for Mr. Jellins. Ms. Winkler and Ms. Duboc were newly elected, and not eligible to be mayor under the policy, leaving Mr. Kinney, Paul Collacchi, and Mr. Jellins -- all who had been mayor.

According to the policy, Mr. Kinney should have picked up the gavel, as he had not been mayor since 1997, while Mr. Collacchi and Mr. Jellins had served more recently.

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