Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 952

Introduced by Assembly Member Cristina Garcia

February 26, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 952, as amended, Cristina Garcia. Local government: begin delete cities: special districts: governing boards: end delete vacancies.

begin insert

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, and provides that a person elected or appointed to fill a vacancy holds office for the unexpired term of the former incumbent.

end insert begin insert

This bill would instead provide that if the council fills a vacancy in an elective office by appointment, and that vacancy occurred in the first half of the term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy holds office until the next general municipal election at which a person is elected to fill that vacancy, and thereafter, until the person elected is qualified. The bill would additionally provide that if the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of the term of office, the person appointed to fill the vacancy holds office for the unexpired term of the former incumbent.

end insert begin delete

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.

end delete begin delete

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.

end delete begin delete

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.

end delete begin delete

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

end delete

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

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

begin delete

SECTION 1.  

Section 5091 of the Education Code is amended
to read:

5091.  

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

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

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

(c) (1) If a provisional appointment is made within the 60-day
period, the registered voters of the district may, within 30 days
from the date of the appointment, petition for the conduct of a
special election to fill the vacancy. A petition shall be deemed to
bear a sufficient number of signatures if signed by at least the
number of registered voters of the district equal to 11⁄2 percent of
the number of registered voters of the district at the time of the
last regular election for governing board members, or 25 registered
voters, whichever is greater. However, in districts with less than
2,000 registered voters, a petition shall be deemed to bear a
sufficient number of signatures if signed by at least 5 percent of
the number of registered voters of the district at the time of the
last regular election for governing board members.

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

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

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

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

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

(e) A person appointed to fill a vacancy shall hold office only
until the next regularly scheduled election. A person elected at an
election to fill the vacancy shall hold office for the remainder of
the term in which the vacancy occurs or will occur.

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

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

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

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

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

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

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

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

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

SEC. 2.  

Section 1780 of the Government Code is amended to
read:

1780.  

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

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

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

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

(2) If the vacancy occurs in the first half of a term of office and
at least 130 days prior to the next general district election, the
person appointed to fill the vacancy shall hold office until the next
general district election that is scheduled 130 or more days after
the date the district board is notified of the vacancy, and thereafter
until the person who is elected at that election to fill the vacancy
has been qualified. The person elected to fill the vacancy shall
hold office until the next regularly scheduled election.

(3) If the vacancy occurs in the first half of a term of office, but
less than 130 days prior to the next general district election, or if
the vacancy occurs in the second half of a term of office, the person
appointed to fill the vacancy shall serve until the next regularly
scheduled election.

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

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

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

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

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

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

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

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

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

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

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

end delete

begin delete SEC. 3. end delete
begin insert SECTION 1. end insert   

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
begin delete until the next regularly scheduled election. end delete begin insert for the unexpired term
of the former incumbent. end insert

(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. begin delete The end delete

begin insert (1) end insert begin insert   end insert begin insert If the council calls a special election, the end insert special election
shall be held on the next regularly established election date not
less than 114 days from the call of the special election. begin insert A person
elected to fill a vacancy holds office for the unexpired term of the
former incumbent. end insert

begin insert

(2) If the council fills the vacancy by appointment, the person
appointed to fill the vacancy shall hold office pursuant to one of
the following:

end insert begin insert

(A) If the vacancy occurs in the first half of a term of office and
at least 130 days prior to the next general municipal election, the
person appointed to fill the vacancy shall hold office until the next
general municipal election that is scheduled 130 or more days
after the date the council is notified of the vacancy, and thereafter
until the person who is elected at that election to fill the vacancy
has been qualified. The person elected to fill the vacancy shall
hold office for the unexpired balance of the term of office.

end insert begin insert

(B) If the vacancy occurs in the first half of a term of office, but
less than 130 days prior to the next general municipal election, or
if the vacancy occurs in the second half of a term of office, the
person appointed to fill the vacancy shall hold office for the
unexpired term of the former incumbent.

end insert

(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 or
until the next regularly scheduled citywide election. 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.

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

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

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

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

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

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

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