Tiburon Councilman David Kulik, who has been on leave since February, has resigned his seat less than six months into his term.
Kulik cited family reasons in an email to the other members before their meeting on Thursday.
Kulik said he has a spent a fair amount of time at his property in Southern California during the pandemic as his family dealt with an unspecified health issue. He was granted leave in February and it expired on April 30.
“I appreciate your granting me a leave of absence to carefully consider what is best for my family situation, and while I have always considered Tiburon to be my home, we have decided to make our temporary stay in Southern California more permanent,” he wrote.
Mayor Holli Thier said that given his circumstances, Kulik made the best choice for himself and his family. The town has scheduled a special meeting on Tuesday to decide how to find a replacement.
With about three and a half years left on Kulik’s term, the town cannot appoint a replacement for the entire time, Thier said.
“The rules require there be an election,” she said. “So our choices are hold a special election this November, have election in November 2022 or appoint someone fill his place in the interim.”
Even before Kulik took leave, questions were raised about his residency status. Lorraine Gemigniani, a real estate agent in Tiburon, said Kulik was taking the $7,000 California Homeowners’ Property Tax Exemption on his home in San Diego County.
The exemption can be applied to owner-occupied principal residences. Gemigniani complained to the town that Kulik should not be eligible to vote in Marin or serve on the Town Council if his principal residence is elsewhere.
If an elected official has more than one residence, but maintains a homeowner’s property tax exemption on a home, it is presumed that the house with the exemption is that person’s domicile, according to state election law. But there is an exception if another home is listed as the current residence on a driver’s licenses, identification cars or vehicle registration.
Chanis, citing election code, said Kulik last filed to run for office in June 2020. “At the time, per the code, we confirmed he was a registered voter in Tiburon,” Chanis said.
Kulik’s home at 537 Orchid Lane in Del Mar has had a homeowners tax exemption since 2004, said Jeff Olson, chief deputy assessor in San Diego County.
“Once a homeowner’s exemption is granted … the exemption will continue until the property changes ownership or until the assessor’s office is notified of a change in residency by the property owner,” Olson said. “There is no annual filing requirement for this exemption.”
Kulik said Tiburon has been his place of residence since 2007. About a week before resigning, Kulik said he and his wife bought the Del Mar home in 2003 and they never switched the tax exemption to the Tiburon residence.
Kulik said he was unaware of the tax exemption on his Del Mar home and he was in the process of rectifying the situation.
“I don’t want to sound like I’m inattentive to the details, but I was not aware until it was brought to my attention recently,” he said.
Kulik, a U.S. Marines veteran and commercial pilot, was appointed to the Town Council in July 2017. He won a three-year term in a special election that year and won reelection last November against no opposition.
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