GILROY
– One sentence in the document that guides the way the City of
Gilroy is governed is spelling trouble for a leading Council
candidate in the November election.
Candidate Mark Dover, who is a sitting trustee on the Gavilan
College Board of Education, says he was told by the city attorney
he could not run for election. Article IV of the city’s charter
states that
”
no member of Council shall hold any other public office or City
employment.
”
GILROY – One sentence in the document that guides the way the City of Gilroy is governed is spelling trouble for a leading Council candidate in the November election.
Candidate Mark Dover, who is a sitting trustee on the Gavilan College Board of Education, says he was told by the city attorney he could not run for election. Article IV of the city’s charter states that “no member of Council shall hold any other public office or City employment.”
Dover says if he is elected and the city subsequently rules he cannot hold office, he will contest the provision on the grounds it violates his civil rights.
“I will fight this,” Dover said. “I don’t understand why they don’t make a determination before the election. The voting public has a right to know.”
Dover also vowed to remain on the Gavilan board regardless of the city’s decision.
“I will not leave Gavilan,” Dover said. “I will fulfill my duties there.”
Dover’s trustee seat expires at the end of 2004.
In August, Dover left his city position as recreation supervisor to take a teaching and coaching job at North Monterey County High School. By resigning from his city job, Dover stayed out of conflict with a portion of Article IV of the city charter.
Then, Dover said he got a call two weeks ago from City Attorney Linda Callon alerting him of the other portion of Article IV which on its face prohibits Dover from being a candidate.
According to City Clerk Rhonda Pellin, the city attorney is going to make a determination on Dover’s candidacy after Nov. 4.
“As it stands now, the election is going on as is without any changes,” Pellin said. “Legal counsel needs to make a determination, and the understanding is that will happen after the election.”
Callon could not be reached for comment before deadline. She is out of the office until Monday, and calls to other lawyers in her firm went unreturned.
In the event Dover is elected and the city forces him to step down, City Council would appoint someone to fill the vacancy until the next general election, Pellin said. Among other possibilities, the appointee could be the next highest vote getter in the November election or a former Council member.
“But we really can’t speculate what direction Council would take since this has never happened before,” Pellin said. “We have a call into legal counsel to get more direction.”
It is unclear if a legal challenge by Dover would keep him in office until the case is resolved. For Dover to stay in office, a judge may have to order a temporary injunction rescinding Council’s decision.
For Dover, the city charter does not seem to be on the same page as state law. Dover said fellow Gavilan trustee James De La Cruz is running for a seat on the San Benito County water board. According to Dover, Gavilan legal counsel said De La Cruz’s bid did not violate any election law.
Dover also questions whether the Article IV clause precludes Gilroy Mayor Tom Springer from sitting on the Valley Transportation Authority Board of Directors.
Gilroy is granted City Council representation on the VTA board, however the Article IV clause states that no Council member can hold “any other public office.”
Fellow Gavilan trustee Deb Smith says Dover’s presence in this seven-member race – which has two newcomers, two incumbents and two second-time candidates running – is high impact.
“He appeals to a broad spectrum of voters,” Smith said.
He is an x-factor in the race since voters looking for an alternative-choice candidate may see Dover, who was elected to his Gavilan office on a campaign budget of under $1,000, as their man.
As a Gavilan trustee, an 18-year city employee and a lifelong Gilroyan, Dover also brings to the table a level of experience some voters want in a Council member.
“He takes his job seriously, he researches all the issues and as a new board member I looked to him as a mentor,” Smith said. “More than anything, I look at Mark as a breath of fresh air.”
In 2000, Dover won a three-candidate race for one open seat on the Gavilan board of trustees with 42.5 percent of the vote. If he can carry over a bulk of the 10,873 votes he garnered three years ago, Dover is potentially the leading candidate for the third City Council vacancy.
