BILL NUMBER: AB 1671 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2010
AMENDED IN ASSEMBLY MARCH 10, 2010
AMENDED IN ASSEMBLY MARCH 2, 2010
INTRODUCED BY Assembly Member Jeffries
JANUARY 20, 2010
An act to repeal and add amend
Section 25060 of the Government Code, relating to county government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1671, as amended, Jeffries. County board of supervisors:
vacancy: appointment.
Existing law requires the Governor to fill a vacancy on any county
board of supervisors.
This bill would , instead, authorize a quorum of a board
of supervisors, require the Governor to fill the
vacancy within 90 days from the date of the vacancy
, and if the Governor fails to act within 90 days, the
bill would authorize the board of supervisors to appoint an
individual to fill the vacancy or to call a special election to fill
the vacancy. If, within the 90-day period, the board does
not appoint an individual to fill the vacancy or call a special
election to fill the vacancy, this bill would require the Governor to
appoint an individual to fill the vacancy within 30 days after the
lapse of the 90-day period. This bill would also authorize
a quorum of the board of supervisors , prior to the lapse of
the 90-day period, to vote to authorize the Governor to
appoint a person to fill the vacancy within an additional
30 days of the board's authorizing vote , and if the Governor
fails to do so, would authorize the board to appoint an individual,
call a special election, or leave the vacancy open, as provided
.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25060 of the
Government Code is amended to read:
25060. (a) Whenever a vacancy occurs in any
board of supervisors, the Governor shall fill the vacancy
within 90 days . The appointee shall hold office until
the election and qualification of his successor.
(b) If the Governor fails to act within 90 days pursuant to
subdivision (a), the board of supervisors shall do one of the
following:
(1) Appoint an individual to fill the vacancy within 90 days of
the last day the Governor could have appointed an individual pursuant
to subdivision (a).
(2) Call a special election to fill the vacancy.
(3) Authorize the Governor to appoint an individual to fill the
vacancy within 30 days of the board's authorizing vote.
(4) If the Governor fails to appoint an individual within 30 days
of the authorizing vote, the board of supervisors shall appoint an
individual pursuant to paragraph (1), call a special election
pursuant to paragraph (2), or vote to leave the vacancy open until
the next regular election at which a successor may be elected.
(c) Any person appointed or elected shall hold office until the
election and qualification of his or her successor pursuant to
Section 25061.
SECTION 1. Section 25060 of the Government Code
is repealed.
SEC. 2. Section 25060 is added to the
Government Code, to read:
25060. (a) (1) If a vacancy occurs on any board of supervisors, a
quorum of the board may, within 90 days from the date of the
vacancy, appoint an individual to fill the vacancy or call a special
election to fill the vacancy.
(2) A quorum of the board of supervisors may authorize the
Governor to appoint a person to fill the vacancy before the 90-day
period, as specified in paragraph (1), lapses.
(3) If a board of supervisors does not act to fill a vacancy
pursuant to paragraph (1), the Governor shall appoint an individual
to fill the vacancy within 30 days after the 90-day period lapses. If
a board of supervisors votes to authorize the Governor to appoint an
individual to fill the vacancy pursuant to paragraph (2), the
Governor shall appoint an individual within 30 days of the board's
authorizing vote.
(b) An appointee shall hold the office until the election and
qualification of his or her successor pursuant to Section 25061.