BILL ANALYSIS
AB 1668
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Date of Hearing: March 16, 2010
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1668 (Knight) - As Introduced: January 20, 2010
SUBJECT : Local government: city councils.
SUMMARY : Extends the amount of time a city council has to fill
a vacancy by appointment in an elective city office. 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)Extends the amount of time that a city council has to fill a
vacancy in an elective city office, including the office of
mayor, from 30 days to 120 days from the date of the vacancy.
2)Decreases 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.
EXISTING LAW :
1)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.
2)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 vacancy on the city council and in the office
of mayor;
b) Requires that a special election be held to fill a
vacancy on the city council and in the office of mayor when
petitions bearing a specified number of verified signatures
are filed; or,
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c) Provides that a person appointed to fill a vacancy on
the city council holds office only until a special election
is held.
3)Provides that in a newly incorporated city, of the five
elected city council members, the three receiving the lowest
number of votes shall hold office until the first succeeding
general municipal election and the two receiving the highest
number of votes shall hold office until the second succeeding
general municipal election. Provides that if the first general
municipal election following an incorporation election will
occur less than one year after the incorporation election,
three of the five elected city council members with the lowest
number of votes shall hold office until the second general
municipal election following the incorporation election and
the two city council members receiving the highest number of
votes shall hold office until the third general municipal
election.
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 they must schedule a special election if
they cannot come to an agreement. This law results in an
unnecessary financial burden on the citizens of the city
when the council is only provided 30 days to not only agree
upon a replacement but also undergo the process of
appointing the chosen replacement. AB 1668 would allow a
city council seat to remain vacant for up to 120 days
before a city council must appoint a new member or call a
special election.
In addition, this bill conforms three sections of the
Government Code pertaining to city council election terms
of newly incorporated cities. By conforming GC Section
57377 and Section 57379 with GC Section 34884 it ensures
that regardless of which of those three election systems
the people initially choose, if they decide later to be
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represented differently, the same number of council members
would be up for reelection at the first election following
incorporation. AB 1668 is a local flexibility and cost
savings issue that would allow more local control.
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 120 days before appointing a person to that seat or
calling a special election. For these district specific
municipalities, constituents could go more than seven 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)Previous Legislation : AB 18 (Knight) of 2009 was substantially
similar to this bill, except that it would have the time
allotted to fill a vacancy on the city council from 30 to 60
days. AB 18 was vetoed by the Governor. In his veto message,
Governor Schwarzenegger maintained that 30 days was a
sufficient amount of time for a city council to fill a vacancy
in an elective city office by appointment or to call a special
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election.
5)Arguments in Support : According to the City Clerks
Association of California:
AB 1668 would provide adequate time for the public
deliberation process and would also relieve a financial
burden. If the City Council is unable to meet deadlines
for filling a vacancy by appointment, then a special
election must be held which could cost an average of $3 to
$4 per registered voter. (Estimated cost for 40,000 voters
up to $160,000). More citizens would be given the
opportunity to participate by providing adequate time to
publicize the vacancy, a reasonable filing period for
receiving applications, and adequate time to review
applications and interview candidates.
6)Double-Referral : This bill has been double-referred to the
Assembly Committee on Local Government.
REGISTERED SUPPORT / OPPOSITION :
Support
City Clerks Association of California
League of California Cities
Opposition
None on file.
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094