Conde

The trial court denied Lou Conde’s petition for writ of mandate that sought to prohibit George Stevens from filling the San Diego City Council District 4 seat declared vacant when Councilmember Charles Lewis died. Conde contends: (1) under the San Diego City Charter, after a councilmember has served two consecutive terms for a particular district, that individual is barred for life from running for that specific office; and (2) the date of death of an elected official is the date the office should become vacant. We conclude Conde’s contentions find no support in the plain language of either the charter or the municipal code.

FACTUAL AND PROCEDURAL SUMMARY

George Stevens represented District 4 as a councilmember for two consecutive four-year terms from 1994—2002. His successor, Charles Lewis, served from December 2002 until his death on August 8, 2004. Lewis’s seat was not declared vacant until September 7, 2004, when, pursuant to ordinance number 19316, the San Diego City Council set special elections for November 16, 2004.

On August 19, 2004, Conde filed a petition for writ of mandate in the San Diego Superior Court and sought a declaration that the District 4 seat…