BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Dave Cox, Chair
BILL NO: AB 1671 HEARING: 6/30/10
AUTHOR: Jeffries FISCAL: Yes
VERSION: 5/17/10 CONSULTANT:
Weinberger
COUNTY SUPERVISORS' VACANCIES
Background and Existing Law
A public office becomes vacant when an incumbent dies,
resigns, is removed from office, ceases to be an inhabitant
of the state, or is convicted of a felony, any offense
involving a violation of his or her duties, or other
specified crimes.
The California Constitution allows a county to adopt a
voter-approved charter that specifies the manner of filling
all vacancies in county offices.
When a county supervisor's office becomes vacant, state law
requires the Governor to appoint someone to fill the
vacancy until a successor is elected and qualified.
Since 2003, Governor Schwarzenegger has appointed ten
people to fill vacant county supervisors' offices. Eight
of those offices were vacant for more than 90 days.
Concerned about the effect of lengthy vacancies on county
governance, some county officials want to let a board of
supervisors fill a vacancy when a governor doesn't promptly
appoint a replacement.
Proposed Law
If a governor fails to fill a vacancy on a county board of
supervisors within 90 days, Assembly Bill 1671 requires the
board of supervisors, within the following 90 days, by a
vote of a quorum of the board, to:
Appoint an individual to fill the vacancy, or
Call a special election to fill the vacancy, or
Leave the seat vacant until the next regularly
scheduled election.
If a Governor fails to act within 90 days after a vacancy
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occurs and the board of supervisors fails to act within the
following 90 days, AB 1671 requires that the vacancy must
remain open until the next regular election, at which time
a successor may be elected.
The bill declares that any person appointed or elected to
fill a vacancy holds office until a successor is elected.
Comments
1. Protecting county governance . A governor's failure to
act quickly when filling a vacant county supervisor's seat
can impair the remaining supervisors' ability to conduct
business. Because every county, except for San Francisco,
has only five supervisors, a lengthy vacancy can make it
difficult to get quorums at board meetings and can result
in 2-2 tie votes on important county measures. Voters in a
supervisorial district that is represented by a vacant
supervisor's office are harmed when delays deny them a
voice in board decisions. AB 1671 protects county
government and voters by giving a county the chance to fill
a vacant supervisor's seat when the governor does not
swiftly appoint a replacement.
2. Home rule . By adopting a county charter, local voters
can allow their county supervisors or themselves to fill
supervisorial vacancies. They don't need to wait for a
governor to act. Most of the fourteen county charters take
advantage of this constitutional opportunity. In 2002, for
example, Orange County's voters adopted a county charter
that solely establishes local control over filling
vacancies on the board of supervisors; all other general
laws still govern the County. The Committee may wish to
consider whether it is necessary to change state law when
counties' voters can already decide for themselves how to
fill a county supervisor vacancy.
3. Too long ? AB 1671 may have the unintended consequence
of increasing the wait before filling supervisors'
vacancies. With a backup appointment process in place, a
governor may prefer to let the 90-day appointment window
expire, shifting the responsibility for making a decision
to county supervisors. In his veto message for AB 18
(Knight, 2009), regarding city council vacancies, Governor
Schwarzenegger declared that "30 days is a sufficient
amount of time for a city council to fill a vacant seat by
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appointment or to call a special election." Rather than
giving governors 90 days in which to decide whether to make
an appointment, the Committee may wish to consider amending
AB 1671 to require governors to act within 30 days.
Assembly Actions
Assembly Local Government Committee: 5-2
Assembly Appropriations Committee:16-0
Assembly Floor: 68-0
Support and Opposition (6/24/10)
Support : California State Association of Counties,
Regional Council of Rural Counties, Riverside Sheriff's
Association.
Opposition : Unknown.