California Legislature—2015–16 Regular Session

Assembly BillNo. 952


Introduced by Assembly Member Cristina Garcia

February 26, 2015


An act to amend Section 5091 of the Education Code, and to amend Sections 1780 and 36512 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 952, as introduced, Cristina Garcia. Local government: cities: special districts: governing boards: vacancies.

Existing law requires a school district or community college district governing board, whenever a vacancy occurs or a resignation containing a deferred effective date has been filed with the county superintendent of schools, to either order an election or make a provisional appointment. Existing law requires a person appointed to fill a vacancy to hold office only until the next regularly scheduled election for district governing board members that is scheduled 130 or more days after the effective date of the vacancy, at which time an election is required to be held to fill the vacancy for the remainder of the unexpired term.

This bill would require the provisional appointee to serve on the board until the next regularly scheduled election. This bill would eliminate the requirement that an election be held 130 or more days after the effective date of the vacancy.

Existing law requires a person elected to fill a vacancy in an elective office on the governing board of a special district, or a person appointed to fill a vacancy in an appointed office or an elective office in a general law city, to fill the vacancy for the balance of the unexpired term of office or the unexpired term of the former incumbent, as applicable.

This bill would instead require those persons to fill the vacancy until the next regularly scheduled election.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 5091 of the Education Code is amended
2to read:

3

5091.  

(a) (1) If a vacancy occurs, or if a resignation has been
4filed with the county superintendent of schools containing a
5deferred effective date, the school district or community college
6district governing board shall, within 60 days of the vacancy or
7the filing of the deferred resignation, either order an election or
8make a provisional appointment to fill the vacancy. A governing
9board member may not defer the effective date of his or her
10resignation for more than 60 days after he or she files the
11resignation with the county superintendent of schools.begin insert A
12provisional appointee shall serve on the board until the next
13regularly scheduled election.end insert

14(2) In the event that a governing board fails to make a
15provisional appointment or order an election within the prescribed
1660-day period as required by this section, the county superintendent
17of schools shall order an election to fill the vacancy.

18(b) When an election is ordered, it shall be held on the next
19established election date provided pursuant to Chapter 1
20(commencing with Section 1000) of Division 1 of the Elections
21Code not less than 130 days after the order of the election.

22(c) (1) If a provisional appointment is made within the 60-day
23period, the registered voters of the district may, within 30 days
24from the date of the appointment, petition for the conduct of a
25special election to fill the vacancy. A petition shall be deemed to
26bear a sufficient number of signatures if signed by at least the
27number of registered voters of the district equal to 112 percent of
28the number of registered voters of the district at the time of the
29last regular election for governing board members, or 25 registered
30voters, whichever is greater. However, in districts with less than
312,000 registered voters, a petition shall be deemed to bear a
32sufficient number of signatures if signed by at least 5 percent of
P3    1the number of registered voters of the district at the time of the
2last regular election for governing board members.

3(2) The petition shall be submitted to the county superintendent
4of schools having jurisdiction who shall have 30 days to verify the
5signatures. If the petition is determined to be legally sufficient by
6the county superintendent of schools, the provisional appointment
7is terminated, and the county superintendent of schools shall order
8a special election to be conducted no later than the 130th day after
9the determination. However, if an established election date, as
10defined in Section 1000 of the Elections Code, occurs between the
11130th day and the 150th day following the order of the election,
12the county superintendent of schools may order the special election
13to be conducted on the established election date.

14(3) For purposes of this section, “registered voters” means the
15following:

16(A) If the district uses the at-large method of election, as defined
17in subdivision (a) of Section 14026 of the Elections Code,
18registered voters of the entire school district or community college
19district.

20(B) If the district uses district-based elections, as defined in
21subdivision (b) of Section 14026 of the Elections Code, registered
22voters of the election district.

23(d) A provisional appointment made pursuant to subdivision
24(a) confers all powers and duties of a governing board member
25upon the appointee immediately following his or her appointment.

26(e) A person appointed to fill a vacancy shall hold office only
27until the next regularly scheduledbegin delete election for district governing
28board members that is scheduled 130 or more days after the
29effective date of the vacancy, whereupon an election shall be held
30to fill the vacancy for the remainder of the unexpired term.end delete
begin insert election.end insert
31 A person elected at an election to fill the vacancy shall hold office
32for the remainder of the term in which the vacancy occurs or will
33occur.

34(f) (1) If a petition calling for a special election is circulated,
35the petition shall meet all of the following requirements:

36(A) The petition shall contain the estimate of the elections
37official of the cost of conducting the special election.

38(B) The name and residence address of at least one, but not
39more than five, of the proponents of the petition shall appear on
P4    1the petition, each of which proponents shall be a registered voter
2of the school district or community college district, as applicable.

3(C) None of the text or other language of the petition shall
4appear in less than six-point type.

5(D) The petition shall be prepared and circulated in conformity
6with Sections 100 and 104 of the Elections Code.

7(2) If any of the requirements of this subdivision are not met as
8to any petition calling for a special election, the county
9superintendent of schools shall not verify the signatures, nor shall
10any further action be taken with respect to the petition.

11(3) No person shall permit the list of names on petitions
12prescribed by this section to be used for any purpose other than
13qualification of the petition for the purpose of holding an election
14pursuant to this section.

15(4) The petition filed with the county superintendent of schools
16shall be subject to the restrictions in Section 6253.5 of the
17Government Code.

18(g) Elections held pursuant to subdivisions (b) and (c) shall be
19conducted in as nearly the same manner as practicable as other
20governing board member elections.

21

SEC. 2.  

Section 1780 of the Government Code is amended to
22read:

23

1780.  

(a) Notwithstanding any other provision of law, a
24vacancy in any elective office on the governing board of a special
25district, other than those specified in Section 1781, shall be filled
26pursuant to this section.

27(b) The district shall notify the county elections official of the
28vacancy no later than 15 days after either the date on which the
29district board is notified of the vacancy or the effective date of the
30vacancy, whichever is later.

31(c) The remaining members of the district board may fill the
32vacancy either by appointment pursuant to subdivision (d) or by
33calling an election pursuant to subdivision (e).

34(d) (1) The remaining members of the district board shall make
35the appointment pursuant to this subdivision within 60 days after
36either the date on which the district board is notified of the vacancy
37or the effective date of the vacancy, whichever is later. The district
38shall post a notice of the vacancy in three or more conspicuous
39places in the district at least 15 days before the district board makes
40the appointment. The district shall notify the county elections
P5    1official of the appointment no later than 15 days after the
2appointment.

3(2) If the vacancy occurs in the first half of a term of office and
4at least 130 days prior to the next general district election, the
5person appointed to fill the vacancy shall hold office until the next
6general district election that is scheduled 130 or more days after
7the date the district board is notified of the vacancy, and thereafter
8until the person who is elected at that election to fill the vacancy
9has been qualified. The person elected to fill the vacancy shall
10hold officebegin delete for the unexpired balance of the term of office.end deletebegin insert until
11the next regularly scheduled election.end insert

12(3) If the vacancy occurs in the first half of a term of office, but
13less than 130 days prior to the next general district election, or if
14the vacancy occurs in the second half of a term of office, the person
15appointed to fill the vacancy shallbegin delete fill the balance of the unexpired
16term of office.end delete
begin insert serve until the next regularly scheduled election.end insert

17(e) (1) In lieu of making an appointment the remaining members
18of the board may within 60 days of the date the district board is
19notified of the vacancy or the effective date of the vacancy,
20whichever is later, call an election to fill the vacancy.

21(2) The election called pursuant to this subdivision shall be held
22on the next established election date provided in Chapter 1
23(commencing with Section 1000) of Division 1 of the Elections
24Code that is 130 or more days after the date the district board calls
25the election.

26(f) (1) If the vacancy is not filled by the district board by
27appointment, or if the district board has not called for an election
28within 60 days of the date the district board is notified of the
29vacancy or the effective date of the vacancy, whichever is later,
30then the city council of the city in which the district is wholly
31located, or if the district is not wholly located within a city, the
32board of supervisors of the county representing the larger portion
33of the district area in which the election to fill the vacancy will be
34held, may appoint a person to fill the vacancy within 90 days of
35the date the district board is notified of the vacancy or the effective
36date of the vacancy, whichever is later, or the city council or board
37of supervisors may order the district to call an election to fill the
38vacancy.

39(2) The election called pursuant to this subdivision shall be held
40on the next established election date provided in Chapter 1
P6    1(commencing with Section 1000) of Division 1 of the Elections
2Code that is 130 or more days after the date the city council or
3board of supervisors calls the election.

4(g) (1) If within 90 days of the date the district board is notified
5of the vacancy or the effective date of the vacancy, whichever is
6later, the remaining members of the district board or the appropriate
7board of supervisors or city council have not filled the vacancy
8and no election has been called for, then the district board shall
9call an election to fill the vacancy.

10(2) The election called pursuant to this subdivision shall be held
11on the next established election date provided in Chapter 1
12(commencing with Section 1000) of Division 1 of the Elections
13Code that is 130 or more days after the date the district board calls
14the election.

15(h) (1) Notwithstanding any other provision of this section, if
16the number of remaining members of the district board falls below
17a quorum, then at the request of the district secretary or a remaining
18member of the district board, the appropriate board of supervisors
19or the city council shall promptly appoint a person to fill the
20vacancy, or may call an election to fill the vacancy.

21(2) The board of supervisors or the city council shall only fill
22enough vacancies by appointment or by election to provide the
23district board with a quorum.

24(3) If the vacancy occurs in the first half of a term of office and
25at least 130 days prior to the next general district election, the
26person appointed to fill the vacancy shall hold the office until the
27next general district election that is scheduled 130 or more days
28after the date the district board is notified of the vacancy, and
29thereafter until the person who is elected at that election to fill the
30vacancy has been qualified. The person elected to fill the vacancy
31shall hold office for the unexpired balance of the term of office.

32(4) If the vacancy occurs in the first half of a term of office, but
33less than 130 days prior to the next general district election, or if
34the vacancy occurs in the second half of a term of office, the person
35appointed to fill the vacancy shall fill the balance of the unexpired
36term of office.

37(5) The election called pursuant to this subdivision shall be held
38on the next established election date provided in Chapter 1
39(commencing with Section 1000) of Division 1 of the Elections
P7    1Code that is held 130 or more days after the date the city council
2or board of supervisors calls the election.

3

SEC. 3.  

Section 36512 of the Government Code is amended
4to read:

5

36512.  

(a) If a vacancy occurs in an appointive office provided
6for in this chapter, the council shall fill the vacancy by
7appointment. A person appointed to fill a vacancy holds officebegin delete for
8the unexpired term of the former incumbent.end delete
begin insert until the next regularly
9scheduled election.end insert

10(b) If a vacancy occurs in an elective office provided for in this
11chapter, the council shall, within 60 days from the commencement
12of the vacancy, either fill the vacancy by appointment or call a
13special election to fill the vacancy. The special election shall be
14held on the next regularly established election date not less than
15114 days from the call of the special election. begin delete A person appointed
16or elected to fill a vacancy holds office for the unexpired term of
17the former incumbent.end delete

18(c) Notwithstanding subdivision (b) and Section 34902, a city
19may enact an ordinance that does any of the following:

20(1) Requires that a special election be called immediately to fill
21every city council vacancy and the office of mayor designated
22pursuant to Section 34902. The ordinance shall provide that the
23special election shall be held on the next regularly established
24election date not less than 114 days from the call of the special
25election.

26(2) Requires that a special election be held to fill a city council
27vacancy and the office of mayor designated pursuant to Section
2834902 when petitions bearing a specified number of verified
29signatures are filed. The ordinance shall provide that the special
30election shall be held on the next regularly established election
31date not less than 114 days from the filing of the petition. A
32governing body that has enacted such an ordinance may also call
33a special election pursuant to subdivision (b) without waiting for
34the filing of a petition.

35(3) Provides that a person appointed to fill a vacancy on the city
36council holds office only until the date of a special election which
37shall immediately be called to fill the remainder of thebegin delete term.end deletebegin insert term
38or until the next regularly scheduled citywide election.end insert
The special
39election may be held on the date of the next regularly established
40election or regularly scheduled municipal election to be held
P8    1throughout the city not less than 114 days from the call of the
2special election.

3(d) (1) Notwithstanding subdivision (b) and Section 34902, an
4appointment shall not be made to fill a vacancy on a city council
5if the appointment would result in a majority of the members
6serving on the council having been appointed. The vacancy shall
7be filled in the manner provided by this subdivision.

8(2) The city council may call an election to fill the vacancy, to
9be held on the next regularly established election date not less than
10114 days after the call.

11(3) If the city council does not call an election pursuant to
12paragraph (2), the vacancy shall be filled at the next regularly
13established election date.

14(e) (1) If the city council of a city that elects city council
15members by or from districts elects to fill a vacancy on the city
16council by appointment as a result of a city council member
17resigning from office, the resigning city council member may cast
18a vote on the appointment if the resignation will go into effect
19upon the appointment of a successor. A city council member shall
20not cast a vote for a family member or any other person with whom
21the city council member has a relationship that may create a
22potential conflict of interest.

23(2) If a city council member elects to cast a vote under this
24 subdivision, the city council member shall be prohibited from the
25following actions for a period of two years after the appointment
26of a successor:

27(A) Advocating on any measure or issue coming before the city
28council in which the city council member may have a personal
29benefit.

30(B) Entering into a contract of any kind with the city or a city
31vendor.

32(C) Accepting a position of employment with the city or a city
33vendor.

34(D) Applying for a permit that is subject to the approval of the
35city council.

36(3) This subdivision shall not apply to any city council member
37who is resigning from the city council due to charges of, or
P9    1conviction for, corruption or criminal behavior, or who is subject
2to a recall election.



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