BILL ANALYSIS                                                                                                                                                                                                    



                                        
                       SENATE LOCAL GOVERNMENT COMMITTEE
                        Senator Patricia Wiggins, Chair


          BILL NO:  AB 18                      HEARING:  6/17/09
          AUTHOR:  Knight                      FISCAL:  No
          VERSION:  6/10/09                    CONSULTANT:  Ho

                             CITY COUNCIL VACANCIES
          
                           Background and Existing Law  

          Elective city officers include council members and, in some  
          cities, mayors, clerks and treasurers.  Generally when a  
          vacancy in an elective city office occurs, the city council  
          has 30 days to either appoint someone to fill the vacated  
          position or call a special election.  If the council calls  
          a special election, the election must be held on the next  
          regularly established election date not less than 114 days  
          after the call.  

          Cities say that 30 days is not enough time to find a  
          replacement for the vacated position.  Due to the short  
          time-limit, cities are sometimes forced to hold costly  
          special elections.  Cities want more time to fill a vacancy  
          by appointment.

                                         
                                  Proposed Law  

          Assembly Bill 18 extends, from 30 to 60 days after the  
          occurrence of a vacancy in an elective city office, the  
          time limit that city councils have to fill the vacancy  
          either by appointment or by calling a special election.  AB  
          18 also declares that a special election to fill a city  
          council vacancy often results in a large financial burden  
          to the city's residents.  


                                     Comment  

          When a vacancy in an elective city office occurs, cities  
          prefer to fill the vacancy by appointment rather than hold  
          a special election because the appointment option is less  
          expensive.  However, finding a well-qualified candidate to  
          fill a vacancy can be time-consuming, involving  
          recruitment, sufficient noticing, interviews, public  
          meetings, and final selection.  Cities say it is  




           
           AB 18 -- 6/10/09 -- Page 2



          challenging to complete all these tasks within 30 days,  
          especially when the vacancy results from a death or when  
          the vacancy occurs around holiday seasons.  By extending  
          the time limit from 30 to 60 days, AB 18 gives cities a  
          more flexible and practical timeframe to fill vacancies in  
          elective offices by appointment.


                                         
                                Assembly Actions  

          Assembly Elections and Redistricting Committee:    2-4
          Assembly Elections and Redistricting Committee:    7-0  
          (reconsideration granted)
          Assembly Elections and Redistricting Committee:    7-0
          Assembly Local Government Committee:        7-0 
          Assembly Floor:                          77-0

                                         
                        Support and Opposition  (6/11/09)

           Support  :  Cities of Costa Mesa, Fairfield, Lakewood, Palm  
          Desert, Palmdale, Thousand Oaks, League of California  
          Cities, South Bay Cities Council of Governments.  

           Opposition  :  Unknown.