BILL ANALYSIS Ó
AB 952
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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.
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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:
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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
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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.
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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.'
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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
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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
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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.
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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
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