BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 18|
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THIRD READING
Bill No: AB 18
Author: Knight (R)
Amended: 8/18/09 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 5-0, 6/17/09
AYES: Wiggins, Cox, Aanestad, Kehoe, Wolk
ASSEMBLY FLOOR : 77-0, 5/21/09 (Consent) - See last page
for vote
SUBJECT : Local government: city councils
SOURCE : Author
DIGEST : This bill 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.
Senate Floor Amendments of 8/18/09 alter the terms of
office for the first city council members in newly
incorporated cities.
ANALYSIS : Existing law requires a city council, within
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.
CONTINUED
AB 18
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This bill 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.
This bill reduces, from three to two, the number of city
council members that hold office until the first general
municipal election after incorporation. This bill
increases, from two to three, the number of council members
that hold office until the second general municipal
election after incorporation.
Comments
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
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, this bill gives cities a
more flexible and practical timeframe to fill vacancies in
elective offices by appointment.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/18/09)
Cities of Costa Mesa, Fairfield, Lakewood, Palm Desert,
Palmdale, Poway, and Thousand Oaks
League of California Cities
South Bay Cities Council of Governments
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
AB 18
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Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Fuentes, Nava, Saldana
AGB:mw 8/18/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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