What happens to vacant Stanislaus County Supervisor seat after Tom Berryhill’s death?
.jpg "Assembly Member Tom Berryhill, R-Modesto, talks to Mark Leno on the assembly floor at the State Capitol, Thursday, Jan. 25, 2007. Berryhill died Saturday, Aug. 29, 2020, at the age of 67.")
The late Tom Berryhill’s Stanislaus County Board of Supervisors seat may remain vacant until November, County Counsel Thomas Boze said, leaving the governing body without a measure to break tie votes during the coronavirus pandemic.
Per California law, Gov. Gavin Newsom will appoint a successor after his office reviews applications, which Boze on Monday said can take up to 60 to 90 days.
“It’s not something that he can just tap someone on the shoulder and say, ‘Tag, you’re it,’” Boze said. “There’s a process that has to happen.”
In the meantime, the remaining four Stanislaus County supervisors could face a deadlock because no tie-breaking measures are in place. If the board members vote 2-2, motions requiring a majority will fail, Boze said. The county as of Monday has yet to consider adding a provision to resolve split votes, he said.
Motions have come to a narrow vote as recently as last week, when supervisors rejected a motion 3-2 to defy a state order to keep schools closed. Berryhill supported Supervisor Terry Withrow’s motion to not use county staff or resources to enforce the order designed to slow the spread of the coronavirus.
Former Board Chairman Thomas Mayfield was the last supervisor to die in office in December 2008 at age 77, but he only had a month left of his fourth and final term. Supervisor Vito Chiesa, who had won the election in November, succeeded him in representing District 2.
Berryhill took office as a supervisor for District 4, which includes most of Modesto, Del Rio and a small part of Ceres, in January 2019 and had more than two years remaining on his four-year term. Under Government Code section 25060, Berryhill’s appointed successor could serve the rest of his term. County charters can include a local method for filling Board of Supervisors vacancies, according to the California State Association of Counties, but Stanislaus’ charter does not.
The governor is also expected to appoint a new San Luis Obispo County Supervisor after a board member died in early August, The San Luis Obispo Tribune reported . Newsom is not required to confer with county officials regarding the appointment, but Boze said he believes previous governors had sought local officials’ input.
Board Chairwoman Kristin Olsen gave her condolences to Berryhill’s family in a news release, commending his dozen years of service as a state assemblyman and senator.
”I was blessed to know Tom as a colleague and a friend and to serve with him in both the Legislature and on the County Board of Supervisors,” Olsen said in the release. “Throughout his career, he was a staunch advocate for agriculture and water, and his leadership will be missed across the State.”
Withrow also described working with Berryhill, who died at age 67 on Saturday, as an honor.
“His heart and passion to serve our community was unmatched,” Withrow said in the release. “I watched with awe, in spite of his recent physical limitations, a man dedicated and determined to still fulfill his duties. We are all going to really miss him.”
Bee reporter Kevin Valine contributed to this report.
This story was originally published September 1, 2020 at 3:30 AM.
