AB 1795, as introduced, Alejo. Cities: city council: vacancy.
Existing law provides that an office becomes vacant upon the happening of, among other things, the resignation of the person from office before the expiration of the term.
This bill would provide that, in the case of the office of city council member, the office becomes vacant upon the delivery of a letter of resignation by the reigning council member to the city clerk.
Existing law requires a city council, within 60 days of a vacancy in an elective office, to fill that vacancy by appointment or call a special election to fill the vacancy, as specified.
This bill would authorize a resigning city council member to cast a vote on the appointment of his or her successor if the resignation will go into effect upon the appointment of the successor, where the vacancy occurs on the city council of a city that elects city council members by or from districts and the city council has elected to fill the vacancy by appointment.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1770 of the Government Code is amended
2to read:
An office becomes vacant on the happening of any of
4the following events before the expiration of the term:
5(a) The death of the incumbent.
6(b) An adjudication pursuant to a quo warranto proceeding
7declaring that the incumbent is physically or mentally incapacitated
8due to disease, illness, or accident and that there is reasonable
9cause to believe that the incumbent will not be able to perform the
10duties of his or her office for the remainder of his or her term. This
11subdivision shall not apply to offices created by the California
12Constitution nor to federal or state legislators.
13(c) begin insert(1)end insertbegin insert end insert His or her resignationbegin insert, except as provided in paragraph
14(2)end insert.
15(2) In the case of the office of city council member, upon the
16delivery of a letter of resignation by the resigning council member
17to the city clerk.
18(d) His or her removal from office.
19(e) His or her ceasing to be an inhabitant of the state, or if the
20office be local and one for which local residence is required by
21law, of the district, county, or city for which the officer was chosen
22or appointed, or within which the duties of his or her office are
23required to be discharged.
24(f) His or her absence from the state without the permission
25required by law beyond the period allowed by law.
26(g) His or her ceasing to discharge the duties of his or her office
27for the period of three consecutive months, except when prevented
28by sickness, or when absent from the state with the permission
29required by law.
30(h) His or her conviction of a felony or of any offense involving
31a violation of his or her official duties. An officer shall be deemed
32to have been convicted under this subdivision when trial court
33judgment is entered. For purposes of this subdivision, “trial court
34judgment” means a judgment by the trial court either sentencing
35the officer or otherwise upholding and implementing the plea,
36verdict, or finding.
37(i) His or her refusal or
neglect to file his or her required oath
38or bond within the time prescribed.
P3 1(j) The decision of a competent tribunal declaring void his or
2her election or appointment.
3(k) The making of an order vacating his or her office or declaring
4the office vacant when the officer fails to furnish an additional or
5supplemental bond.
6(l) His or her commitment to a hospital or sanitarium by a court
7of competent jurisdiction as a drug addict, dipsomaniac, inebriate,
8or stimulant addict; but in that event the office shall not be deemed
9vacant until the order of commitment has become final.
10(m) (1) The incumbent is listed in the Excluded Parties List
11System and all of the following subparagraphs apply:
12(A) The office is one that the incumbent holds ex officio, by
13virtue of holding another office, or as an appointee.
14(B) The appointed or ex officio office is on the governing board
15of a local agency that is, or may reasonably be expected to be, a
16participant or principal in a covered transaction, pursuant to federal
17law.
18(C) A federal agency head or designee has not granted the
19incumbent an exception, in writing, permitting the incumbent to
20participate in a particular covered transaction in which the local
21agency is, or may reasonably be expected to be, a participant or
22principal.
23(2) For purposes of this subdivision, the following terms have
24the following meanings:
25(A) “Excluded Parties List
System” means the list maintained
26and disseminated by the federal General Services Administration
27containing names of, and other information about, persons who
28are debarred, suspended, disqualified, or otherwise excluded from
29participating in a covered transaction, pursuant to federal law.
30(B) “Local agency” includes, but is not limited to, a county,
31whether general law or chartered, city, whether general law or
32chartered, city and county, school district, municipal corporation,
33district, political subdivision, or any board, commission, or agency
34of one of these entities.
35(C) “Federal law” includes, but is not limited to, federal
36regulations adopted pursuant to Section 2455 of Public Law
37103-355 (108 Stat. 3327), Executive Order No. 11738, Executive
38Order No. 12549, and Executive Order No. 12689.
39(3) This subdivision shall not apply to an elective office.
Section 36512 of the Government Code is amended
2to read:
(a) If a vacancy occurs in an appointive office provided
4for in this chapter, the council shall fill the vacancy by
5appointment. A person appointed to fill a vacancy holds office for
6the unexpired term of the former incumbent.
7(b) If a vacancy occurs in an elective office provided for in this
8chapter, the council shall, within 60 days from the commencement
9of the vacancy, either fill the vacancy by appointment or call a
10special election to fill the vacancy. The special election shall be
11held on the next regularly established election date not less than
12114 days from the call of the special election. A person appointed
13or elected to fill a vacancy holds office for the unexpired term of
14the former incumbent.
15(c) Notwithstanding subdivision (b) and Section 34902, a city
16may enact an ordinance that does any of the following:
17(1) Requires that a special election be called immediately to fill
18every city council vacancy and the office of mayor designated
19pursuant to Section 34902. The ordinance shall provide that the
20special election shall be held on the next regularly established
21election date not less than 114 days from the call of the special
22election.
23(2) Requires that a special election be held to fill a city council
24vacancy and the office of mayor designated pursuant to Section
2534902 when petitions bearing a specified number of verified
26signatures are filed. The ordinance shall provide that the special
27election shall be held on the next regularly established election
28date not less than 114 days from the filing of the petition. A
29governing body that has enacted such an
ordinance may also call
30a special election pursuant to subdivision (b) without waiting for
31the filing of a petition.
32(3) Provides that a person appointed to fill a vacancy on the city
33council holds office only until the date of a special election which
34shall immediately be called to fill the remainder of the term. The
35special election may be held on the date of the next regularly
36established election or regularly scheduled municipal election to
37be held throughout the city not less than 114 days from the call of
38the special election.
39(d) (1) Notwithstanding subdivision (b) and Section 34902, an
40appointment shall not be made to fill a vacancy on a city council
P5 1if the appointment would result in a majority of the members
2serving on the council having been appointed. The vacancy shall
3be filled in the manner provided by this subdivision.
4(2) The city council may call an election to fill the vacancy, to
5be held on the next regularly established election date not less than
6114 days after the call.
7(3) If the city council does not call an election pursuant to
8paragraph (2), the vacancy shall be filled at the next regularly
9established election date.
10(e) If the city council of a city that elects city council members
11by or from districts elects to fill a vacancy on the city council as
12a result of a city council member resigning from office by
13appointment, the resigning city council member may cast a vote
14on the appointment if the resignation will go into effect upon the
15appointment of a successor.
O
99