Andy Rodriguez on Monday unexpectedly announced his resignation from the Jackson City Council.

Rodriguez, who was elected in 2002, does not hold one of the three seats that are up for grab in the November election. Rodriguez's term was scheduled to end in 2010.

According to Government Code 36512, the city council has three options to fill the sudden vacancy.

The first avenue is to appoint someone to serve out the remainder of Rodriguez's term. The next possibility would to be to call an election to fill the vacancy, which the government code dictates must be held on the next established election day. With a host of individuals already campaigning to be on the council, that might seem like the most sensible option. However, there is a catch.

The code says that such an election can be held no sooner than 114 days after the council member's resignation. This means that the upcoming Nov. 4 election will be too soon to expand in a way that would include Rodgriguez's seat.

The final option would be for the council to leave the seat vacant until the November 2010 election. This scenario would have a four-member council voting on all issues, potentially risking deadlocks. The city council will be reviewing the three options at the next regular meeting on Tuesday, Oct. 14. It has 30 days to make a decision.

Rodriguez cited "health issues" as the cause for his resignation. The six-year council member was an outspoken opponent of local politicians and community activists he considered to be obstructionists. In last July's supervisorial race, he was critical of then-candidate Ken Berry. He recently penned a letter to the Ledger Dispatch opposing Judy Jebian for Jackson City Council in the November race.