BILL ANALYSIS Ó AB 952 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Brian Maienschein, Chair AB 952 (Cristina Garcia) - As Amended April 8, 2015 SUBJECT: Local government: vacancies. SUMMARY: Provides an alternative procedure for filling a vacancy on a city council, to allow for vacancies that occur early in a council member's term. Specifically, this bill: 1)Repeals a requirement that a person appointed to fill a vacancy on a city council holds office for the unexpired term of the former incumbent (absent an alternative ordinance as authorized pursuant to current law). 2)Requires, instead, for the following procedure when a city council vacancy occurs (unless a council adopts an alternative ordinance as authorized pursuant to current law): a) If the council calls a special election, 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. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. AB 952 Page 2 b) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following: i) 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; or, ii) 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. 3)Specifies that, if a city council adopts a specified alternative ordinance governing the procedures for filling council vacancies, the person appointed to fill a vacancy holds office only until a special election is held or until the next regularly scheduled citywide election. EXISTING LAW: AB 952 Page 3 1)Requires a city council, within 60 days of a vacancy in an elective office, to fill that vacancy by appointment or by calling a special election to fill the vacancy. 2)Requires a special election held pursuant to 1), above, to be held on the next regularly established election date not less than 114 days from the call of the special election. 3)Provides that a person elected or appointed to fill a city council vacancy holds office for the unexpired term of the former incumbent. 4)Provides alternative procedures that city councils can follow to fill a vacancy by enacting an ordinance that does any of the following: a) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor, as specified. 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. b) Requires that a special election be held to fill a city council vacancy and the office of mayor, as specified, 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 1) and 2), above, without waiting for the filing of a AB 952 Page 4 petition. c) 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. 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. 5)Provides, pursuant to the California Constitution (Constitution), for the formation of charter cities. 6)Provides, pursuant to the Constitution, that it shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws. City charters adopted pursuant to the Constitution shall supersede any existing charter, and with respect to municipal affairs shall supersede all laws inconsistent therewith. 7)Provides, pursuant to the Constitution, that it shall be competent in all city charters to provide for a number of items of governance, including conduct of city elections. AB 952 Page 5 8)Provides a procedure for filling a vacancy in any elective office of the governing board of a special district that match those contained in this bill (except a municipal utility district or an irrigation district containing 500,000 acres or more). FISCAL EFFECT: None COMMENTS: 1)Bill Summary. This bill provides for an alternative procedure for filling city council vacancies to account for vacancies that occur early in a council member's term. It repeals law stating that an appointed successor holds office for the remainder of the term. Instead, it allows an appointed person to hold office for the unexpired term only if the vacancy occurs in the second half of the term or if it occurs in the first half but less than 130 days before the next general municipal election. Otherwise, an appointed successor holds office until the next general municipal election scheduled 130 days or more after the council is notified of the vacancy, and thereafter until the person elected at that election has been qualified. This bill is sponsored by the author. 2)Author's Statement. According to the author, "When a vacancy is created at a city council?(the) body (has) two options: 1) to call a special election to fill the vacancy or 2) fill the vacancy by appointment. The problem lies in that sometimes calling a special election is cost prohibitive, and in those situations appointments are made, deprives the voters of the ability to choose their representative. The appointees may not face an election for years and by then, they have already gained the advantage of being an 'incumbent.' AB 952 Page 6 AB 952 would allow local governments the ability to hold an election, allowing voters to participate in the process, at the next regularly scheduled election. The appointee, if they wish to continue in their position would be placed on the ballot, to be essentially confirmed by voters to complete the remainder of their term." 3)Background. According to materials provided by the author's office, this bill was prompted by "unfortunate events in Bell Gardens, where Mayor Daniel Crespo was killed. Crespo had just begun his term of four years. Not able to call a costly special election, his vacancy was filled by appointment. The appointee would be serving as an 'elected official' for over three years, without ever having to run for election." Under existing law, when a vacancy occurs on a city council, the council must fill that vacancy by appointment or by calling a special election to fill the vacancy within 60 days. The person elected or appointed to fill the vacancy holds office for the remainder of the term. Cities may pass ordinances with alternative procedures, as specified above. This bill amends the law governing this process to match the process used to fill vacancies in any elective office of the governing board of special districts. 4)Charter Cities and General Law Cities. The California AB 952 Page 7 Constitution gives cities the power to become charter cities, should voters in that city approve the charter. Of California's 482 cities, 121 are charter cities. The state's 361 general law cities are subject to the general laws passed by the Legislature. Under the Constitution, the ordinances of charter cities supersede state law with respect to "municipal affairs," while state law prevails with respect to matters of "statewide concern." This is often referred to as the home rule doctrine. The courts decide whether a matter falls within the home rule authority of charter cities. While the Constitution does not explicitly define "municipal affair," it does outline four categories that are presumed to be municipal affairs, stating that "it shall be competent in all city charters to provide, in addition to those provisions allowable by the Constitution, and by the laws of the state for: a) the constitution, regulation, and government of the city police force; b) subgovernment in all or part of a city; c) conduct of city elections; and, d) plenary authority is hereby granted, subject only to the restrictions of this article, to provide therein or by amendment thereto, the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or appointed, and for their removal, and for their compensation, and for the number of deputies, clerks and other employees that each shall have, and for the compensation, method of appointment, qualifications, tenure of office and removal of such deputies, clerks and other employees." The provisions of this bill would apply to all general law cities (unless they adopt an alternative ordinance as outlined above) and to any charter city that does not stipulate in its AB 952 Page 8 charter the procedure for filling vacancies on the city council. 5)Technical Amendment. The Committee may wish to amend the bill to correct a drafting error: On page 8, in lines 27 and 28, delete "or until the next regularly scheduled citywide election" 6)Previous Legislation. AB 1795 (Alejo), Chapter 725, Statutes of 2014, allowed a resigning city council member to cast a vote on the appointment of his or her successor. AB 1668 (Knight), Chapter 38, Statutes of 2010 extended, from 30 to 60 days, the time for a city council to fill a vacancy by either appointing a replacement or calling a special election. 7)Arguments in Support. None on file. 8)Arguments in Opposition. None on file. AB 952 Page 9 9)Double-Referral. This bill is double-referred to the Elections and Redistricting Committee. REGISTERED SUPPORT / OPPOSITION: Support None on file Opposition None on file Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958 AB 952 Page 10