California Attorney General Opinion 25-301

BACKGROUND

The critical facts here occurred within a two-month period between November 2024 and January 2025. On November 25, 2024, Councilmember Brian Pepin sent an

1 25-301 email to the Poway City Manager advising that he would be resigning his District 1 seat on the City Council “effective upon my seat being filled with a replacement.” 1 Although a city councilmember’s resignation is generally made effective upon proper delivery of a letter of resignation, the letter may specify an effective date other than the date of delivery. 2 Moreover, in cities that are divided into council districts, state law allows the resigning member to vote on the appointment of a successor. 3 Following submission of his resignation, Pepin absented himself from the next two City Council meetings but attended a later meeting, at which he voted for his successor.

When the City Council met on December 3, 2024, without Pepin in attendance, the Council voted to fill Pepin’s seat by appointment, rather than by calling a special election. 5 Two days before the January 21 meeting at which the appointment vote took place, Hiram Soto, our proposed relator, informed the City Attorney that Pepin had…