On Tuesday, the Antioch City Council will look at options on how to respond to the resignation of City Clerk Melissa Rhodes.
Rhodes, who resigned as of July 30, was in the first year of a 4-year term that ends in 2028. She was elected city clerk in November 2024 election with 100% of the vote after running unopposed. The council will now discuss whether to appoint the now vacant city clerk position, or call a special election to fill the vacant position.
According to the City Council Agenda, a standalone special election would cost between $12.00 and $15.00 per registered voter. In comparison, a consolidated election would cost between $3.00 and $4.50 per registered voter. The last report of registration sent to the Secretary of State’s office listed the City of Antioch with a registered voter population of 66,553. If all registered voters participated, the estimated standalone special election cost would range from $798,636 to $998,2965.
Under California law, the City Council has the authority to fill a vacancy of an elected city officer by appointment or the calling of a special election. The appointment or calling of the special election must occur within 60 days of the office becoming vacant. (Gov. Code, 36512(b).)
Appointment
- As noted, the Council may appoint the vacant position. To ensure a fair and transparent process, the City Council may choose to solicit applications from interested individuals and conduct interviews to determine the most qualified candidate. The City Council may also consider input from the public and other stakeholders during the appointment process. The appointment would need to occur in the open session of a City Council
meeting. - But there is an important qualification. Because Ms. Rhodes has resigned during the first year of her term, the appointment would only be effective for the first half of her term. In
other words, the appointment would only last through the end of next year. A special election would need to be called during the November 2026 General Election and the appointment term would end once the results of that election are certified.1
Special Election
- The vacant City Clerk position may also be filled by the calling of a special election. (Gov. Code, § 36512(a).) If this option is chosen, state law specifies that the election must be held on the next state-established election date that is at least 114 days after the calling of the election. (Id., § 36512(b).)
- California identifies five dates for elections. (Elec. Code, § 1000.) For our purposes, the next election date is April 14, 2026 (the second Tuesday in April of an even-numbered year not divisible by four). This is the first state-established election date that would be more than 114 days from the calling of an election (which, as noted, would have to occur by the end of September).
The key difference if this option is selected is that the person elected next April would serve through December 2028. (Gov. Code, § 36512(b)(1).)
Summary of Options
Summarizing the above, the Council may choose to:
- Appoint a City Clerk, who upon appointment shall serve until December 2026, and who thereafter would be replaced by whomever is elected in a special election held in November 2026; or
- Call a special election, to be held in April 2026, after which the successful candidate would serve through the end of the unexpired term, December 2028.
Antioch City Council Agenda – click here
About the City Clerk
The City Clerk is the official keeper of the municipal records and is sometimes referred to as the historian of the community. City Clerk responsibilities include:
- Acting as the official custodian of records for the City and is responsible for all City Council agendas, minutes, ordinances, resolutions, and legal publications
- Coordinating Fair Political Practices Commission filings including the Statement of Economic Interests and Campaign Disclosures
- Acting as the service agent for the City regarding claims, subpoenas, and summons
- Overseeing the City’s records management, legislative history, bids, contracts, archives, election activities, and board/commission/committee programs
Communications directed to the City, its legislative bodies, and their members (i.e., City Council, Planning Commission) or City staff are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.