BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 952                           |Hearing    |7/1/15   |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Cristina Garcia                  |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |4/20/15                          |Fiscal:    |No       |
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          |Consultant|Lewis                                                 |
          |:         |                                                      |
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                               CITY COUNCILS: VACANCIES



          Provides an alternative procedure for filling a vacancy on a  
          city council that occurs in the first half of the term of  
          office.


           Background and Existing Law

           State law outlines certain criteria for determining when a  
          public office become vacant, including death, absence without  
          leave, removal from office, felony convictions, and resignation.  
           The procedures for filling vacancies on local governmental  
          bodies differ depending on the type of local government in  
          question.  The Constitution gives charter cities wide latitude  
          to establish their own rules for filling vacancies on their  
          governing bodies, and the state's 121 charter cities employ a  
          range of different procedures for doing so; general law cities  
          are subject to the general laws passed by the Legislature.  


          When a spot becomes vacant on the city council of a general law  
          city, current law gives the city council 60 days from the start  
          of a vacancy to either appoint someone to fill the position or  
          call a special election (AB 1668, Knight, 2010).  If a general  
          law city's city council chooses to call a special election to  
          fill a vacancy, the election must be held on the next regularly  
          established election date that is at least 114 days away from  







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          when the election is called.  A city councilmember who is  
          elected or appointed to fill a vacancy holds office for the rest  
          of term of the former officeholder, regardless of how much time  
          is left in the term for that vacant office.  For example, if a  
          city council member resigns in the first months of a 4-year  
          term, existing law would allow the remaining members of the city  
          council to appoint someone to serve the 3 years and 11 months  
          remaining on the term, without the need for a special election  
          at the next general municipal election.  


          Under current law, general law cities also have the option of  
          using alternative procedures to fill a vacant public office if  
          they enact an ordinance that either:


                 Requires a special election to fill every city council  
               vacancy and the office of mayor to be called  
               immediately-rather than within 60 days from the time of the  
               vacancy; or

                 Requires a special election to be held to fill a city  
               council vacancy and the office of mayor upon the filing of  
               petitions bearing a specified number of verified  
               signatures.  

          Under either alternative procedure, state law requires a special  
          election to be held no sooner than 114 days from the call of the  
          special election or the filing of the petition. 

          Special elections can be costly to taxpayers: for example, a  
          Sacramento city council special election earlier this year cost  
          approximately $200,000.  Some critics assert that general law  
          cities face a Catch-22 in the event of a city council vacancy  
          early in the officeholder's term, in which they either must call  
          a special election at taxpayers' expense, or appoint a successor  
          to serve for the full duration of the original officeholder's  
          term. 

          In most other cases where state law allows local governments to  
          fill a vacancy on its governing body by appointment-such as in  
          the case of vacancies on the governing board of school districts  
          and other special districts-appointments are temporary if they  
          occur early in the term of office.  Proponents of AB 952 propose  








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          changing the procedure for filling vacancies in elective city  
          offices to make them similar to the procedure for filling  
          vacancies on the governing boards of most special districts.      
           

           Proposed Law

           Assembly Bill 952 repeals a requirement that a person appointed  
          to fill a vacant city elective office for the unexpired term of  
          the former incumbent.

          Instead, AB 952 establishes the following procedure when a city  
          council vacancy occurs (unless a council adopts an alternative  
          ordinance as authorized pursuant to existing law):

                 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.

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

                  o         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,

                  o         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. 









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          This bill would not affect the ability that city councils have  
          under existing law, however, to adopt an alternative procedure,  
          as detailed above, that governs the filling of vacancies in  
          elective city office.



           





          State Revenue Impact

           No estimate. 


           Comments

            1. Purpose of the bill.   When a city elective office is vacant,  
          a city council has two options: 1) to call a special election to  
          fill the vacancy; or 2) fill the vacancy by appointment.  But  
          calling a special election can be prohibitively expensive,  
          especially for smaller cities.  Furthermore, appointments  
          deprive the voters of the ability to choose their  
          representative, especially when appointees get to serve out more  
          than half of the remainder of the original officeholder's term.  
          Appointees may not face an election for years, by which time  
          some will have already gained the advantage of being an  
          "incumbent."  AB 952 reasonably limits the duration that an  
          appointee can serve without having to stand for election to half  
          a term, thereby making appointees more democratically  
          accountable.  In addition, requiring that the special election  
          be held at the next general municipal election will usually  
          result in higher voter participation, at less cost to taxpayers,  
          than a stand-alone special election.

           2. Nice, but not necessary.   AB 952 would allow voters to  
          have a greater influence over whether city council  
          appointees stay in office for the remainder of the original  
          officeholder's term.  However, even in the event of a  








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          vacancy(s) a city council's remaining members are already  
          accountable to voters through the democratic process, and  
          their votes on appointments are conducted in public.   
          Therefore, it is unclear whether state law needs to be  
          changed to authorize special elections to be held earlier,  
          when citizens who are dissatisfied with the appointment of  
          a replacement councilmember can express their  
          dissatisfaction with the original councilmembers who voted  
          for the appointee.  


           3. Charter cities.   The California Constitution authorizes  
          cities to adopt charters. Charter cities have greater autonomy  
          over local affairs than general law cities do, including plenary  
          authority, subject to limited restrictions, to provide for the  
          manner in which and the method by which municipal officers are  
          elected.  As mentioned above, this bill would apply to all  
          general law cities (unless they adopt an alternative ordinance  
          as outlined above).  But because The Constitution provides that  
          properly adopted city charters "shall supersede all laws  
          inconsistent" with the charter, AB 952 will only apply to  
          charter cities whose charters do not provide a procedure for  
          filling city council vacancies.

           Assembly Actions

           Assembly Local Government                    8-0
          Assembly Elections and Redistricting    7-0
          Assembly Floor                          74-0

           Support and  
          Opposition   (6/25/15)


           Support  :  California Common Cause.

           Opposition  :  Unknown.


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