BILL NUMBER: AB 18	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knight

                        DECEMBER 1, 2008

   An act to amend Section 36512 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 18, as introduced, Knight. Local government: city councils.
   Existing law requires a city council to, within 30 days of a
vacancy in an elective office, fill that vacancy by appointment or
call a special election to fill the vacancy, as specified.
   This bill would authorize the city council to leave a seat on the
city council vacant for up to one year or until the next general
election, whichever comes first, if the remaining city council
members cannot agree upon an appropriate appointee and the remaining
city council members can still form a quorum, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that the
administration of a special election to fill a vacant position on a
city council often results in a large and sometimes unnecessary
financial burden on the citizens of the affected city.
  SEC. 2.  Section 36512 of the Government Code is amended to read:
   36512.  (a) If a vacancy occurs in an appointive office provided
for in this chapter, the council shall fill the vacancy by
appointment. A person appointed to fill a vacancy holds office for
the unexpired term of the former incumbent.
   (b)  (1)    If a vacancy occurs in an elective
office provided for in this chapter, the council shall, within 30
days from the commencement of the vacancy, either fill the vacancy by
appointment or call a special election to fill the vacancy. 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 appointed or elected to fill a vacancy holds
office for the unexpired term of the former incumbent. 
   (2) Notwithstanding paragraph (1), if a seat on the city council
becomes vacant and the remaining city council members are unable to
reach a consensus on an appropriate appointee, the city council may
leave that seat unfilled until either the next general election or
for up to one year from the commencement of the vacancy, whichever
occurs first, so long as a quorum can be reached without filling the
vacant seat. 
   (c) Notwithstanding subdivision (b) and Section 34902, a city may
enact an ordinance  which   that does any of the
following  :
   (1) Requires that a special election be called immediately to fill
every city council vacancy and the office of mayor designated
pursuant to Section 34902. 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.
   (2) Requires that a special election be held to fill a city
council vacancy and the office of mayor designated pursuant to
Section 34902 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  which   that  has enacted
such an ordinance may also call a special election pursuant to
subdivision (b) without waiting for the filing of a petition.
   (3) 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.
   (d) (1) Notwithstanding subdivision (b) and Section 34902, an
appointment shall not be made to fill a vacancy on a city council if
the appointment would result in a majority of the members serving on
the council having been appointed. The vacancy shall be filled in the
manner provided by this subdivision.
   (2) The city council may call an election to fill the vacancy, to
be held on the next regularly established election date not less than
114 days after the call.
   (3) If the city council does not call an election pursuant to
paragraph (2), the vacancy shall be filled at the next regularly
established election date.