City council to appoint Masry’s replacement

Anyone interested in serving on the Thousand Oaks City Council for the next three years hauntil noon tomorrow, Fri., Dec. 9to apply. The vacancy on the five-member council opened after Ed Masry resigned on Nov. 30, jusdays before passing away on Monday night. Masry, who had struggled with diabetes-related health issues since March, had completed the first year of his second term. The council conducted a public meeting at 6 p.m. last Friday evening to discuss the options regarding Masry’s seat. More than 50 people filled the boardroomThe majority of residents who spoke, as well as those who had sent e-mails, urged the council to call for a special election to allow voters to choose a replacementMasry, too, preferred a speciaelection, according to his sonLouis, who addressed each council member individually, highlighting how his father respected every one of them. “It is the desire of my fatheto have the vote of the people,” said Louis, with emotion, pointing out that his father earned 32,000 votes in the Novembe2004 election, more than any other city candidate in history“Please respect his wishes.”

With little deliberation, the council voted instead to appoina candidate. The vote was 3-1 with Mayor Claudia Bill-de la Peña dissenting. The mayor’s earlier motion to hold a special election in June was voted down by council members Andy Fox, Dennis Gillette and Jacqui Irwin.

The council had 30 days from the date of Masry’s resignation to act, according to a memo from City Manager Scott Mitnick and City Attorney Amy Albano.

There are several dates that an election could have been held. The earliest would have been in April at a cost of $250,000.

The county is upgrading its computers so the city would have been compelled to contract with a private firm to conduct an April election.

If the city waited until June, the cost would drop to $178,000 because county could then oversee and administer the election.

Appointing someone temporarily until the next regularly scheduled municipal election in November 2006 was rejected because an appointment under those circumstances could have been challenged in court, according to Albano.

“There is a good reason for the council being set up to have an odd number of people on it to make decisions,” said Gillette, acknowledging that the council had had a tie vote only once during the nine months Masry was absent.

Irwin felt it was fiscally irresponsible to dip into the city’s emergency fund to pay for a special election. In September, the council borrowed $250,000 from its emergency fund to donate to victims of Hurricane Katrina.

“The decision is ours. If it’s a poor decision, we’ll take that chance and pay for it at the next election,” Irwin said.

Bill-de la Peña pointed out that the city has spent money in other areas and could well afford the cost of a special election.

“You cannot put a price tag on democracy,” Bill-de la Peña said.

As of June 2004, the city had $70 million in reserves.

A new financial report for 2005 hasn’t yet been issued, according to Finance Director Candis Hong. The city earns about $3 million a year in revenue from interest. All of this may sound like there’s extra money around, Hong said, but a good portion of it is earmarked for specific uses, including expansion of the city’s library and teen center, and a flood control project.

“If you have a major catastrophe, you want to have a reserve,” Hong said, pointing to the Gulf Coast areas devastated by Hurricane Katrina as an example. “We need to be careful.”

Fox remained silent during most of Friday night’s meeting, speaking briefly on the application process.

Only two people, including Rick Lemmo of Caruso Affiliated, and a member of the city’s traffic and transportation commission, expressed support for a council appointment.

“You’re throwing away $250,000 on a special election when people have elected you to make a decision,” Lemmo told council members. “The majority of citizens in Thousand Oaks think your judgment is excellent.”

Take the next-highest vote getter from the last election, Lemmo suggested. After Masry and Irwin, that would have been former mayor Bob Wilson.

But Wilson said he didn’t want to be appointed. He prefers to be elected, he said, to prevent any further bickering by the council and residents. Wilson suggested the council consider Planning Commissioner Tom Glancy as Masry’s replacement.

“Whatever you decide, I am going to support you,” Wilson said.

Applications are available online at the city’s website at www.toaks.org, or from the city clerk at city hall in the Civic Arts Plaza, 2100 Thousand Oaks Blvd. Candidates must be at least 18 years old, be registered to vote, and live in Thousand Oaks. The application deadline is noon tomorrow.

No postmarks or faxes will be accepted. Applicants must attend the 6 p.m. council meeting on Tues, Dec. 13. The council is scheduled to interview applicants, hear public reaction and make an appointment on Thurs., Dec. 15 at the council’s reorganization meeting.