Voting hours for Tracy recall set

TRACY — The Tracy City Council unanimously approved a resolution Monday night to set voting hours for the recall of Tony Peterson election on Feb. 13. Voting hours will be from 7 a.m. to 8 p.m., the same as regular elections.

The council also voted to start advertising immediately for three weeks for Terry Peterson’s vacant charter commission position and begin the interview process in January.

Terry Peterson had sent in an email to the city office on Nov. 17, giving no reason for leaving the charter commission board immediately.

Just two days after the Tracy City Council met on Nov. 13, the city attorney, Matthew Gross sent Mayor Steve Ferrazzano and the council a letter advising the council of the their next course of action regarding the resignation of councilman Bill Chukuske.

Gross indicated the same method of replacing Chukuske could be used in replacing any other council or board members, such as Terry Peterson.

When Gross reviewed the city charter and city code, he did not find any section or provision that provided for a different timeline or procedure to fill a vacancy on the council.

“I consulted with assistant administrator Diane Campbell to see if there were any ordinances that changed or amended this procedure,” he said. “Diane Campbell did not find any such amendments or ordinance. Thus, the city charter controls the procedure in which the city council must follow to fill the vacancy and appointment (of) a new council member.”

According to their findings, Chukuske was elected to office at the November 2016 regular city election. He took office in January 2017 and his term was to expire in 2021. The next regular city election is November 2018.

Because this vacancy occurred before the first day in this term, the council must appoint an individual to serve the remaining term of Chukuske’s until a successor is elected at the next regular city election in November 2018 and that successor takes office in January 2019.

Gross said that, “In order to appoint a council member to fill the remaining term, the city council must first advertise for applicants in the city newspaper. He advised that the city publish the notice for at least two weeks.

Once appointed, the new council member serve on the city council until their successor takes office in January 2019, after the November 2018 regular city election.