BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 952| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 952 Page 2 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 AB 952 Page 3 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 AB 952 Page 4 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) AB 952 Page 5 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 **** END ****