2026 - Whether a Vacancy has Occurred on the Yreka City Council

The Yreka City Council is a city body that meets, pursuant to its ordinances and 196 regular practice, twice per month. The 60-day absence threshold of California Government 197 Code § 36513(a) therefore applies. The City of Yreka has no written policy governing the 198 granting of excused absences. This absence of policy contributed materially to the dispute 199 over the status of the Councilmember and to inconsistent treatment of councilmember 200 absences. 201

The Councilmember in Question last attended a regular City Council meeting on 203 October 1, 2024. He was absent without prior formal permission recorded in the minutes, 204 from the October 15, 2024 and November 19, 2024 regular meetings. He returned to a regular 205 meeting on December 3, 2024 — a span of 62 consecutive days. At no time before or during 206 the relevant absence period did the City Council vote to or record in the minutes any grant of 207 an excused absence for the Councilmember in Question from the October 15, 2024 or the 208 November 19, 2024 regular meetings.

The conditions of California Government Code § 36513(a) having been met, the 210 seat on the Yreka City Council became vacant by operation of law no later than December 3, 211 2024. The cancellation of the November 5, 2024 regular meeting does not alter Yreka’s 212 established twice-monthly meeting frequency for purposes of code 36513 and does not 213 trigger the 70-day threshold of code 36153(b). The April 1, 2025 Council vote to retroactively 214 excuse the October 15, 2024 absence was of uncertain legal effect and does not clearly cure 215 a vacancy that had already occurred by operation of law.