BILL ANALYSIS
AB 18
Page 1
GOVERNOR'S VETO
AB 18 (Knight)
As Amended August 18, 2009
2/3 vote
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|ASSEMBLY: |77-0 |(May 21, 2009) |SENATE: |38-0 |(August 27, |
| | | | | |2009) |
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|ASSEMBLY: |78-0 |(August 31, | | | |
| | |2009) | | | |
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Original Committee Reference: E. & R.
SUMMARY : Extends the amount of time that a city council has to
fill a vacancy in an elective city office from 30 days to 60
days. Changes the number of city council members that hold
office following the first general municipal election in a newly
incorporated city that elects council members at large.
Specifically, this bill :
1)Requires a city council to fill a vacancy in an elective city
office, including the office of mayor, within 60 days of the
vacancy, or to call a special election to fill the vacancy.
2)Alters the number of city council members in a newly
incorporated city that elects council members at large that
hold office until the first general municipal election after
incorporation from three to two and increases the number of
city council members that hold office until the second general
municipal election after incorporation from two to three.
The Senate amendments :
1)Reduce the number of city council members in a newly
incorporated city that elects council members at large who
AB 18
Page 2
receive short terms from three to two.
2)Increase the number of city council members in a newly
incorporated city that elects council members at large who
receive full terms from two to three.
3)Make a conforming change by extending the amount of time that
a city council has to fill the vacancy of the office of the
mayor from 30 days to 60 days.
AS PASSED BY THE ASSEMBLY , this bill extended the time that a
city council had to fill a vacancy in an elective city office
from 30 days to 60 days.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS : 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.
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 gives cities a more flexible and practical
timeframe to fill vacancies in elective offices by appointment."
Senate amendments to this bill alter the length of terms of
office for the first city council members in newly incorporated
cities. Existing law provides for terms of varying lengths to
the first set of city council members who are elected after the
formation of a city. This policy ensures that, for future
elections, the terms of city council members are staggered.
Under existing law, if a newly incorporated city will elect
council members at large, the three council members serve short
terms, while two council members serve full terms. However, if
the newly incorporated city will elect city council members by
districts, two council members serve short terms, while three
council members serve full terms. In each case, the council
members that received the largest number of votes receive full
terms, while the council members with fewer votes receive short
AB 18
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terms. Because the number of council members who receive short
terms is dependent on whether the future council members will be
elected at large or by districts, however, the length of a
council member's term can change after he or she is elected to
office if a city changes its method of electing council members
before the first general municipal election. For instance, if a
city's voters decided to change the method of electing council
members from district-based elections to at large elections
prior to the first general municipal election, the council
member who received the third most votes in the city's formation
election would have his or her term shortened by two years.
Such a policy change is being considered in two newly formed
cities in Riverside County -- Menifee and Wildomar.
As amended in the Senate, this bill seeks to prevent the length
of a council member's term from being changed after the election
in such a manner by changing the number of council members who
receive long terms following the formation of a city that elects
its council members at large. The Senate amendments provide
that, in such a situation, three council members would receive
full terms, while two council members would receive short terms.
This would make the policy for cities with at large council
elections consistent with the policy for cities with
district-based council elections.
GOVERNOR'S VETO MESSAGE :
"I believe 30 days is a sufficient amount of time for a city
council to fill a vacant seat by
appointment or to call a special election."
Analysis Prepared by: Qiana Charles / E. & R. / (916)
319-2094
FN: 0003271