BILL NUMBER: AB 1345	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 18, 2011

    An act relating to local government.   An
act to add Section 36514 to the Government Code, relating to local
government. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1345, as amended, Lara. Local government: boards and councils.

   Existing law provides that if a city council member is absent
without permission from the regular city council meetings for 60
consecutive days, that city council member's office becomes vacant
and must be filled by special election, as specified. Existing law
also specifies that a majority of the council constitutes a quorum
for transaction of business.  
   This bill would, in the event of the loss of a quorum of city
council members due to vacant seats on the city council, voluntarily,
by removal, of for some other legal reason, establish a city council
appointment committee consisting of any remaining city council
members, the city's chief administrative officer, a representative
from the county board of supervisors, and as many public members as
are required to meet the same number of city council members. The
city council appointment committee would be authorized to appoint
members to fill vacant seats on the city council, and those members
would serve the remainder of the term.  
   Existing law requires the governor to make an appointment to fill
a vacancy on the board of supervisors of a county, as specified.
 
   This bill would express the intent of the Legislature to enact
legislation that would create an appointment process to appoint
members to serve on the governing board or council of a local
government in the absence of a quorum. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 36514 is added to the 
 Government Code   , to read:  
   36514.  (a) The Legislature finds and declares that due to the
challenges facing a city when the city council is unable to establish
a quorum because members of the city council have been removed,
stepped down from office, or are unable to serve for another legal
reason and the city council is therefore unable to convene to conduct
the business of the city, a city council appointment committee is
necessary to appoint persons to serve the remainder of the terms for
those city council offices that are no longer represented.
   (b) The city council appointment committee shall be created upon
the loss of an available quorum because seats on the city council are
vacated by voluntarily action, by removal, or because the members
are legally barred from serving. The committee shall consist of the
following persons:
   (1) Any remaining city council members.
   (2) The city's chief administrative officer or equivalent
executive officer.
   (3) A county representative appointed by the member of the county
board of supervisors representing the city.
   (4) The number of members of the public required to fillout the
remaining number of city council members. These members of the public
shall be selected by the persons listed in paragraphs (1) to (3),
inclusive. Any member of the public selected to serve on the
committee shall be a resident of the city.
   (c) The city council appointment committee listed in paragraphs
(1) to (3), inclusive, of subdivisions (b) shall, within 90 days of
the date that a quorum of council members may not be met because of
the reasons in subdivision (b), appoint persons to serve as council
members as follows:
   (1) Any appointee shall be a resident otherwise qualified to serve
on the city council.
   (2) If the members of the city council are elected by districts or
from districts, any appointee shall be selected from the respective
city council district that is no longer represented by a council
member.
   (3) Any appointee shall serve for the remainder of the term they
are appointed to serve.
   (d) The city council appointment committee shall cease to exist
upon the swearing in of all of the newly appointed city council
members.
   (e) The members of the city council appointment committee shall
not receive any salary or compensation for their service. This
section shall not prohibit the members of the city council
appointment committee from receiving salary or compensation for any
other position that a member holds in the city or the county.
   (f) This section shall not apply to a charter city in the event
that the charter city has adopted a method for filling vacant city
council seats in the absence of a quorum.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would create an appointment process to
appoint members to serve on the governing board or council of a local
government in the absence of a quorum.