BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |AB 952 |Hearing |7/1/15 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Cristina Garcia |Tax Levy: |No | |----------+---------------------------------+-----------+---------| |Version: |4/20/15 |Fiscal: |No | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Lewis | |: | | ----------------------------------------------------------------- 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 AB 952 (Cristina Garcia) 4/20/15 Page 2 of ? 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 AB 952 (Cristina Garcia) 4/20/15 Page 3 of ? 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. AB 952 (Cristina Garcia) 4/20/15 Page 4 of ? 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 AB 952 (Cristina Garcia) 4/20/15 Page 5 of ? 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. -- END -- AB 952 (Cristina Garcia) 4/20/15 Page 6 of ?