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, AB 1668 Page 2 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 AB 1668 Page 3 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 AB 1668 Page 4 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