BILL ANALYSIS
AB 1668
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Date of Hearing: April 7, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 1668 (Knight) - As Amended: March 25, 2010
SUBJECT : Local government: city councils.
SUMMARY : Extends the amount of time a city council has to fill
a vacancy and 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 60 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.
2)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
municipal election.
3)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
AB 1668
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members receiving the highest number of votes shall hold
office until the third municipal election.
FISCAL EFFECT : Unknown
COMMENTS :
1)AB 1668 makes two changes related to city councils elections -
first, by extending the timeline with which a vacant city
council seat must be filled, and second, by clarifying a
statutory discrepancy over the terms of office for city
council members in newly incorporated cities.
2)According to the author, current law results in an unnecessary
financial burden on the citizens of the city when the city
council is only provided 30 days to fill a city council
vacancy. The current time frame means that the council either
appoints a replacement, or must schedule a special election if
the council cannot come to an agreement on a replacement.
3)Support Arguments : The League of California Cities notes that
the extended time frame to fill a vacancy means that a city
would be less likely to call a special election, which would
potentially save taxpayer dollars. The California Association
of Local Agency Formation Commissions, in their support
letter, writes that AB 1668 adds clarity to new city
incorporations by revising the initial term of office for
council members following an incorporation, thus adding
stability to a new city by assuring the majority of the
council serves a full term.
4)AB 1668 is substantially similar to the enrolled version of AB
18 (Knight, 2009), which was ultimately vetoed by Governor
Schwarzenegger. A previous version of AB 18 was heard by the
Assembly Local Government Committee in May of 2009 and passed
out of the committee on a 7-0 vote; however, that version only
included the language that would have extended the time frame
for filling a vacancy from 30 to 60 days.
5)Opposition Arguments : There is no registered opposition to AB
1668. However, given that Governor Schwarzenegger's veto
message of AB 18 said that "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," the Committee may wish to ask
the author whether he believes that Governor Schwarzenegger's
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perspective has changed in relation to extending the time
frame for filing a vacant council seat.
6)Staff notes that AB 2795 (Committee on Local Government) also
contains the same language that brings consistency to the
number of council members following an incorporation, as is
contained in Sections 4 and 5 of AB 1668. Chaptering out
amendments will need to be added to both bills as they move
through the legislation process.
7)This bill was heard in the Assembly Elections and
Redistricting Committee on March 16, 2010, and passed with a
7-0 vote. Amendments taken in that committee revised the
timeline for filling a vacant city council seat from 120 days
down to 60 days.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Local Agency Formation Commissions
(CALAFCO)
City Clerks Association of California
City of Santa Rosa
League of California Cities
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958