AB 952, as amended, Cristina Garcia. Local government: vacancies.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 36512 of the Government Code is
2amended to 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.
11(1) If the council calls a special election, the special election
12shall be held on the next regularly established election date not
13less than 114 days from the
call of the special election. A person
14elected to fill a vacancy holds office for the unexpired term of the
15former incumbent.
16(2) If the council fills the vacancy by appointment, the person
17appointed to fill the vacancy shall hold office pursuant to one of
18the following:
19(A) If the vacancy occurs in the first half of a term of office and
20at least 130 days prior to the next general municipal election, the
21person appointed to fill the vacancy shall hold office until the next
22general municipal election that is scheduled 130 or more days after
23the date the council is notified of the vacancy, and thereafter until
24the person who is elected at that election to fill the vacancy has
25been qualified. The person elected to fill the vacancy shall hold
26office for the unexpired balance of
the term of office.
27(B) If the vacancy occurs in the first half of a term of office,
28but less than 130 days prior to the next general municipal election,
29or if the vacancy occurs in the second half of a term of office, the
30person appointed to fill the vacancy shall hold office for the
31unexpired term of the former incumbent.
32(c) Notwithstanding subdivision (b) and Section 34902, a city
33may enact an ordinance that does any of the following:
34(1) Requires that a special election be called immediately to fill
35every city council vacancy and the office of mayor designated
P3 1pursuant to Section 34902. The ordinance shall provide that the
2special election shall be held on the next regularly established
3election date not less than 114 days
from the call of the special
4election.
5(2) Requires that a special election be held to fill a city council
6vacancy and the office of mayor designated pursuant to Section
734902 when petitions bearing a specified number of verified
8signatures are filed. The ordinance shall provide that the special
9election shall be held on the next regularly established election
10date not less than 114 days from the filing of the petition. A
11governing body that has enacted such an ordinance may also call
12a special election pursuant to subdivision (b) without waiting for
13the filing of a petition.
14(3) Provides that a person appointed to fill a vacancy on the city
15council holds office only until the date of a special election which
16shall immediately be called to fill the remainder of thebegin delete term or begin insert
term.end insert
The
17until the next regularly scheduled citywide election.end delete
18special election may be held on the date of the next regularly
19established election or regularly scheduled municipal election to
20be held throughout the city not less than 114 days from the call of
21the special election.
22(d) (1) Notwithstanding subdivision (b) and Section 34902, an
23appointment shall not be made to fill a vacancy on a city council
24if the appointment would result in a majority of the members
25serving on the council having been appointed. The vacancy shall
26be filled in the manner provided by this subdivision.
27(2) The city council may call an election to fill the vacancy, to
28be held on the next regularly established election date not less than
29114 days after the call.
30(3) If the city council does not call an election pursuant to
31paragraph (2), the vacancy shall be filled at the next regularly
32established election date.
33(e) (1) If the city council of a city that elects city council
34members by or from districts elects to fill a vacancy on the city
35council by appointment as a result of a city council member
36resigning from office, the resigning city council member may cast
37a vote on the appointment if the resignation will go into effect
38upon the appointment of a successor. A city council member shall
39not cast a vote for a family member or any other person with whom
P4 1the city council member has a relationship that may create a
2potential conflict of interest.
3(2) If a city council member elects to cast a vote under this
4subdivision,
the city council member shall be prohibited from the
5following actions for a period of two years after the appointment
6of a successor:
7(A) Advocating on any measure or issue coming before the city
8council in which the city council member may have a personal
9benefit.
10(B) Entering into a contract of any kind with the city or a city
11vendor.
12(C) Accepting a position of employment with the city or a city
13vendor.
14(D) Applying for a permit that is subject to the approval of the
15city council.
16(3) This subdivision shall not apply to any city council member
17who is resigning from the city council
due to charges of, or
18conviction for, corruption or criminal behavior, or who is subject
19to a recall election.
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