Bill Text: CA AB18 | 2009-2010 | Regular Session | Enrolled
Bill Title: Local government: city councils.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB18 Detail]
Download: California-2009-AB18-Enrolled.html
BILL NUMBER: AB 18 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2009
PASSED THE ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE AUGUST 18, 2009
AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY APRIL 27, 2009
AMENDED IN ASSEMBLY MARCH 17, 2009
INTRODUCED BY Assembly Member Knight
DECEMBER 1, 2008
An act to amend Sections 34902, 36512, 57377, and 57379 of the
Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 18, Knight. Local government: city councils.
(1) Existing law requires a city council to, within 30 days of a
vacancy in an elective office, fill that vacancy by appointment or
call a special election to fill the vacancy, as specified.
This bill would require the city council to, within 60 days of a
vacancy in an elective office, fill that vacancy by appointment or
call a special election to fill the vacancy, as specified.
(2) Existing law specifies the procedures for election of, and
terms of office for, city council members and elective officers
following an incorporation of a city.
This bill would revise the initial terms of office for city
council members and elective officers following an incorporation of a
city.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that the
administration of a special election to fill a vacant position on a
city council often results in a large and sometimes unnecessary
financial burden on the citizens of the affected city.
SEC. 2. Section 34902 of the Government Code is amended to read:
34902. (a) If a majority of the votes cast on the proposition is
for it, the office of mayor shall thereafter be an elective office,
except as provided in subdivision (b). At the next succeeding general
municipal election held in the city one of the offices of city
councilperson, to be filled at the election, shall be designated as
the office of mayor, to be filled at the election. The person elected
at the election as mayor shall hold office from the Tuesday
succeeding his or her election, and until his or her successor is
elected and qualifies.
In the case of a vacancy in the office of the mayor for any
reason, the council shall fill the vacancy by appointment. If the
council fails to fill it within 60 days, it shall call an election to
fill the vacancy to be held on the next established election date to
be held not less than 114 days thereafter. A person appointed or
elected to fill a vacancy shall hold office for the unexpired term of
the former incumbent.
(b) After an office of elective mayor has been established, the
city council may subsequently submit to the electors the question of
whether or not to eliminate the elective office of mayor, pursuant to
the procedures enumerated in this article, and thereby reestablish
the procedure of selection of the mayor by the city council. If a
majority of the votes cast on the proposition are in favor of the
elimination of the office of elective mayor, the office shall be
eliminated on the expiration date of the incumbent's term, and on the
date the procedure of selection of the mayor by the city council
shall be reestablished.
SEC. 3. Section 36512 of the Government Code is amended to read:
36512. (a) If a vacancy occurs in an appointive office provided
for in this chapter, the council shall fill the vacancy by
appointment. A person appointed to fill a vacancy holds office for
the unexpired term of the former incumbent.
(b) If a vacancy occurs in an elective office provided for in this
chapter, the council shall, within 60 days from the commencement of
the vacancy, either fill the vacancy by appointment or call a special
election to fill the vacancy. The special election shall be held on
the next regularly established election date not less than 114 days
from the call of the special election. A person appointed or elected
to fill a vacancy holds office for the unexpired term of the former
incumbent.
(c) Notwithstanding subdivision (b) and Section 34902, a city may
enact an ordinance that does any of the following:
(1) Requires that a special election be called immediately to fill
every city council vacancy and the office of mayor designated
pursuant to Section 34902. The ordinance shall provide that the
special election shall be held on the next regularly established
election date not less than 114 days from the call of the special
election.
(2) Requires that a special election be held to fill a city
council vacancy and the office of mayor designated pursuant to
Section 34902 when petitions bearing a specified number of verified
signatures are filed. The ordinance shall provide that the special
election shall be held on the next regularly established election
date not less than 114 days from the filing of the petition. A
governing body that has enacted such an ordinance may also call a
special election pursuant to subdivision (b) without waiting for the
filing of a petition.
(3) Provides that a person appointed to fill a vacancy on the city
council holds office only until the date of a special election which
shall immediately be called to fill the remainder of the term. The
special election may be held on the date of the next regularly
established election or regularly scheduled municipal election to be
held throughout the city not less than 114 days from the call of the
special election.
(d) (1) Notwithstanding subdivision (b) and Section 34902, an
appointment shall not be made to fill a vacancy on a city council if
the appointment would result in a majority of the members serving on
the council having been appointed. The vacancy shall be filled in the
manner provided by this subdivision.
(2) The city council may call an election to fill the vacancy, to
be held on the next regularly established election date not less than
114 days after the call.
(3) If the city council does not call an election pursuant to
paragraph (2), the vacancy shall be filled at the next regularly
established election date.
SEC. 4. Section 57377 of the Government Code is amended to read:
57377. Officers, except members of the city council, shall hold
office until the first succeeding general municipal election held in
the city and until their successors are elected and qualified. Of the
five elected members of the city council, the two receiving the
lowest number of votes shall hold office until the first succeeding
general municipal election held in the city and until their
successors are elected and qualified, and the three receiving the
highest number of votes shall hold office until the second succeeding
general municipal election held in the city and until their
successors are elected and qualified. If two or more members of the
city council are elected by the same number of votes, the terms of
each shall be determined by lot. The members of the city council
elected to succeed the members elected at the incorporation election
shall hold office for four years from the Tuesday succeeding their
election, and until their successors are elected and qualified.
SEC. 5. Section 57379 of the Government Code is amended to read:
57379. If the first general municipal election following an
incorporation election will occur less than one year after the
effective date of incorporation, or occurred on or after November 1,
1987, and less than one year after the incorporation election, of the
five elected members of the city council, the two receiving the
lowest number of votes shall hold office until the second general
municipal election following the incorporation election and until
their successors are elected and qualified, and the three receiving
the highest number of votes shall hold office until the third general
municipal election following the incorporation election and until
their successors are elected and qualified.
The first general municipal election following the incorporation
election shall not be held unless either a proposition is to be voted
upon or offices other than city council member offices are to be
filled.
In the event that, pursuant to Section 56727, the first election
for city council members was held after the election on the
incorporation proposal, the term "incorporation election" in this
section means the first election for city council members.
