BILL ANALYSIS
AB 18
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Date of Hearing: March 31, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 18 (Knight) - As Amended: March 17, 2009
SUBJECT : Local government: city councils.
SUMMARY : Allows a city council to leave a council seat vacant
for up to a year instead of filling that seat by appointment or
by calling a special election. Specifically, this bill :
1)Authorizes a city council that elects its council members
at-large to leave a seat on the council vacant until either
the next general election or for up to one year, whichever
occurs first, if the remaining city council members are unable
to reach a consensus on an appropriate appointee and if a
quorum can be reached without filling the vacant seat.
2)Allows a city council that elect seats on the council by
districts to leave a seat on the council vacant until either
the next general election or for up to six months, whichever
occurs first, as long as a quorum can be reached without
filling the vacant seat.
EXISTING LAW :
1)Provides that if a vacancy occurs in an appointive office, the
city council shall fill the vacancy by appointment. A person
appointed to fill a vacancy holds office for the unexpired
term of the former incumbent.
2)Provides that if a vacancy occurs in an elective office, 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. A special election
shall be held on the next regularly established election date
not less than 114 days from the call of the special election.
3)Allows a city to adopt an ordinance that does any of the
following:
a) Requires that a special election be called
immediately to fill every city council vacancy and the
office of mayor;
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b) Requires that a special election be held to fill a
city council vacancy and the office of mayor when
petitions bearing a specified number of verified
signatures are filed; or,
c) Provides that a person appointed to fill a vacancy
on the city council holds office only until a special
election is held.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS :
1)Purpose of the Bill : According to the author:
Current law dictates that a city council must fill a vacant
council position within 30 days from the time the member
steps down. It requires that the council either appoint a
replacement, or call for a special election if they cannot
come to an agreement. This law results in an unnecessary
financial burden on the citizens of the city, especially if
the requirement for a quorum can still be met.
To form a quorum, a city council which consists of five
members would only need three members present to conduct
business. The city should have the flexibility to decide if
there is an immediate need to fill the vacant position, or
to leave the position vacant until the next scheduled
election before they spend the taxpayer's hard earned money
on a potentially costly special election.
Assembly Bill (AB) 18 would allow a city council seat to
remain vacant for up to one year or the next general
election, whichever comes first, if the remaining council
members cannot agree upon an appointee and if the remaining
members continue to fulfill quorum requirements.
Additionally, AB 18 would allow city councils which
represent districts as opposed to an entire city, such as
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Los Angeles, the option to leave a vacant seat open for up
to six months, or the next general election, whichever
comes first, if the remaining council members cannot agree
upon an appointee and if the remaining members continue to
fulfill quorum requirements.
This bill would, in most cases, eliminate the need for a
special election, saving the city and its taxpayers tens of
thousands of dollars. AB 18 is a flexibility and cost
savings issue that would remove an unnecessary mandate,
allowing more control for local governments.
2)Issues and Concerns : The committee may wish to consider
whether this bill provides constituents with equal
representation, in that it will allow cities that elect seats
on the city council by district to leave a council seat vacant
for up to six months or until the next general election. For
these district specific municipalities, constituents could go
up to six months without representation at the local level.
Current law provides that within 30 days from the commencement
of the vacancy, the city council shall either fill the vacancy
by appointment or call a special election.
There is also a common practice of California municipalities,
city councils, special districts, and school boards to have an
odd number of members to avoid potential deadlocks on
important issues. Even numbered councils, districts, and
boards could potentially find themselves unable to reach a
majority vote because of the absence of a tie-breaker, thus
making it more difficult to conduct the business of the
council, district, or board which may include setting policy
through ordinances and resolutions and the adoption of
budgets. Additionally, some council actions may require a
supermajority vote, therefore functioning with a quorum may
not provide sufficient votes on an issue.
3)Filing a Vacancy by Appointment : Under current law, cities
already have the authority to appoint someone to fill a
vacancy within 30 days. This option in most cases can be
utilized to avoid the costs of a special election unless the
appointment results in the majority of council members having
been appointed to fill a vacancy rather than being elected to
the council.
4)Double-Referral : This bill has been double-referred to the
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Assembly Committee on Local Government.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Palm Desert
Opposition
None on file.
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094