BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1668
                                                                  Page  1

          Date of Hearing:   March 16, 2010

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                 AB 1668 (Knight) - As Introduced:  January 20, 2010 
           
          SUBJECT  :   Local government: city councils.

           SUMMARY  :   Extends the amount of time a city council has to fill  
          a vacancy by appointment in an elective city office. Changes the  
          number of city council members that hold office following the  
          first general municipal election in a newly incorporated city  
          that elects council members at large.  Specifically,  this bill  :

          1)Extends the amount of time that a city council has to fill a  
            vacancy in an elective city office, including the office of  
            mayor, from 30 days to 120 days from the date of the vacancy. 

          2)Decreases the number of city council members in a newly  
            incorporated city that elects council members at large that  
            hold office until the first general municipal election after  
            incorporation from three to two and increases the number of  
            city council members that hold office until the second general  
            municipal election after incorporation from two to three. 

           EXISTING LAW  :

          1)Provides that if a vacancy occurs in an elective office, the  
            council shall, within 30 days from the commencement of the  
            vacancy, either fill the vacancy by appointment or call a  
            special election to fill the vacancy.  A 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)Allows a city to adopt an ordinance that does any of the  
            following:

             a)   Requires that a special election be called immediately  
               to fill every vacancy on the city council and in the office  
               of mayor;

             b)   Requires that a special election be held to fill a  
               vacancy on the city council and in the office of mayor when  
               petitions bearing a specified number of verified signatures  
               are filed; or, 








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             c)   Provides that a person appointed to fill a vacancy on  
               the city council holds office only until a special election  
               is held.

          3)Provides that in a newly incorporated city, of the five  
            elected city council members, the three receiving the lowest  
            number of votes shall hold office until the first succeeding  
            general municipal election and the two receiving the highest  
            number of votes shall hold office until the second succeeding  
            general municipal election. Provides that if the first general  
            municipal election following an incorporation election will  
            occur less than one year after the incorporation election,  
            three of the five elected city council members with the lowest  
            number of votes shall hold office until the second general  
            municipal election following the incorporation election and  
            the two city council members receiving the highest number of  
            votes shall hold office until the third general municipal  
            election.

          FISCAL EFFECT  :   Keyed non-fiscal by the Legislative Counsel.

           COMMENTS  :   

           1)Purpose of the Bill  :  According to the author: 

               Current law dictates that a city council must fill a vacant  
               council position within 30 days from the time the member  
               steps down. It requires that the council either appoint a  
               replacement, or they must schedule a special election if  
               they cannot come to an agreement. This law results in an  
               unnecessary financial burden on the citizens of the city  
               when the council is only provided 30 days to not only agree  
               upon a replacement but also undergo the process of  
               appointing the chosen replacement. AB 1668 would allow a  
               city council seat to remain vacant for up to 120 days  
               before a city council must appoint a new member or call a  
               special election.

               In addition, this bill conforms three sections of the  
               Government Code pertaining to city council election terms  
               of newly incorporated cities. By conforming GC Section  
               57377 and Section 57379 with GC Section 34884 it ensures  
               that regardless of which of those three election systems  
               the people initially choose, if they decide later to be  








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               represented differently, the same number of council members  
               would be up for reelection at the first election following  
               incorporation. AB 1668 is a local flexibility and cost  
               savings issue that would allow more local control. 

           2)Issues and Concerns  :   The committee may wish to consider  
            whether this bill provides constituents with equal  
            representation, in that it will allow cities that elect seats  
            on the city council by district to leave a council seat vacant  
            for up to 120 days before appointing a person to that seat or  
            calling a special election.  For these district specific  
            municipalities, constituents could go more than seven months  
            without representation at the local level.  Current law  
            provides that within 30 days from the commencement of the  
            vacancy, the city council shall either fill the vacancy by  
            appointment or call a special election.  

            There is also a common practice of California municipalities,  
            city councils, special districts, and school boards to have an  
            odd number of members to avoid potential deadlocks on  
            important issues.  Even numbered councils, districts, and  
            boards could potentially find themselves unable to reach a  
            majority vote because of the absence of a tie-breaker, thus  
            making it more difficult to conduct the business of the  
            council, district, or board which may include setting policy  
            through ordinances and resolutions and the adoption of  
            budgets.  Additionally, some council actions may require a  
            supermajority vote, therefore functioning with a quorum may  
            not provide sufficient votes on an issue.  

           3)Filing a Vacancy by Appointment  :  Under current law, cities  
            already have the authority to appoint someone to fill a  
            vacancy within 30 days.  This option in most cases can be  
            utilized to avoid the costs of a special election unless the  
            appointment results in the majority of council members having  
            been appointed to fill a vacancy rather than being elected to  
            the council. 
           
           4)Previous Legislation  : AB 18 (Knight) of 2009 was substantially  
            similar to this bill, except that it would have the time  
            allotted to fill a vacancy on the city council from 30 to 60  
            days. AB 18 was vetoed by the Governor. In his veto message,  
            Governor Schwarzenegger maintained that 30 days was a  
            sufficient amount of time for a city council to fill a vacancy  
            in an elective city office by appointment or to call a special  








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            election.

           5)Arguments in Support  :  According to the City Clerks  
            Association of California:

               AB 1668 would provide adequate time for the public  
               deliberation process and would also relieve a financial  
               burden.  If the City Council is unable to meet deadlines  
               for filling a vacancy by appointment, then a special  
               election must be held which could cost an average of $3 to  
               $4 per registered voter. (Estimated cost for 40,000 voters  
               up to $160,000).  More citizens would be given the  
               opportunity to participate by providing adequate time to  
               publicize the vacancy, a reasonable filing period for  
               receiving applications, and adequate time to review  
               applications and interview candidates. 
           
          6)Double-Referral  :  This bill has been double-referred to the  
            Assembly Committee on Local Government.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          City Clerks Association of California
          League of California Cities 

          Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Qiana Charles / E. & R. / (916)  
          319-2094