BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 952|
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                                   THIRD READING 


          Bill No:  AB 952
          Author:   Cristina Garcia (D)
          Amended:  4/20/15 in Assembly
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  6-0, 7/1/15
           AYES:  Hertzberg, Nguyen, Beall, Lara, Moorlach, Pavley
           NO VOTE RECORDED:  Hernandez

           ASSEMBLY FLOOR:  74-0, 5/22/15 (Consent) - See last page for  
            vote

           SUBJECT:   Local government:  vacancies


          SOURCE:    Author

          DIGEST:   This bill provides an alternative procedure for  
          filling a vacancy on a city council that occurs in the first  
          half of the term of office. 

          ANALYSIS: 

          Existing law:

          1)Outlines certain criteria for determining when a public office  
            become vacant, including death, absence without leave, removal  
            from office, felony convictions, and resignation.  

          2)Gives charter cities wide latitude to establish their own  
            rules for filling vacancies on their governing bodies.

          3)Makes general law cities subject to the general laws passed by  








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            the Legislature. 

          4)Provides that, when a spot becomes vacant on the city council  
            of a general law city, the city council has 60 days from the  
            start of a vacancy to either appoint someone to fill the  
            position or call a special election (AB 1668, Knight, Chapter  
            38, Statutes of 2010).

          5)Requires, if a general law city's city council chooses to call  
            a special election to fill a vacancy, that the election must  
            be held on the next regularly established election date that  
            is at least 114 days away from when the election is called. 

          6)Provides that 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.    

          7)Gives general law cities 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.  

          8)Provides that, 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. 

          This bill:

          1)Repeals a requirement that a person appointed to fill a vacant  
            city elective office for the unexpired term of the former  
            incumbent.

          2)Establishes the following procedure when a city council  







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            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. 

          3)Does not affect the ability that city councils have under  
            existing law to adopt an alternative procedure that governs  
            the filling of vacancies in elective city office.

          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  







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            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 allows 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 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.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified7/2/15)









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          California Common Cause


          OPPOSITION:   (Verified7/2/15)


          None received

          ASSEMBLY FLOOR:  74-0, 5/22/15
          AYES:  Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,  
            Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Alejo, Jones, O'Donnell, Olsen, Waldron,  
            Weber

          Prepared by:Toren Lewis / GOV. & F. / (916) 651-4119
          7/2/15 14:58:11


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