AB 1795, as amended, Alejo. Cities: city council: vacancy.
Existing law provides that an office becomes vacant upon the happening of, among other things, the resignation of the person from office before the expiration of the term.
This bill would provide that, in the case of the office of city council member, the office becomes vacantbegin delete upon the delivery ofend deletebegin insert pursuant toend insert a letter of resignationbegin delete byend deletebegin insert fromend insert the resigning council member to the city clerk.
Existing law requires a city council, within 60 days of a vacancy in an elective office, to fill that vacancy by appointment or call a special election to fill the vacancy, as specified.
This bill would authorize a resigning city council member to cast a vote on the appointment of his or her successor if the resignation will go into effect upon the appointment of the successor, subject to specified conditions, where the vacancy occurs on the city council of a city that elects city council members by or from districts and the city council has elected to fill the vacancy by appointment.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1770 of the Government Code is amended
2to read:
An office becomes vacant on the happening of any of
4the following events before the expiration of the term:
5(a) The death of the incumbent.
6(b) An adjudication pursuant to a quo warranto proceeding
7declaring that the incumbent is physically or mentally incapacitated
8due to disease, illness, or accident, and that there is reasonable
9cause to believe that the incumbent will not be able to perform the
10duties of his or her office for the remainder of his or her term. This
11subdivision shall not apply to offices created by the California
12Constitution nor to federal or state legislators.
13(c) (1) His or her resignation, except as provided in paragraph
14(2).
15(2) In the case of the office of city council member, upon the
16delivery of a letter of resignation by the resigning council member
17to the city clerk.begin insert The letter of resignation may specify a date on
18which the resignation will become effective.end insert
19(d) His or her removal from office.
20(e) His or her ceasing to be an inhabitant of the state, or if the
21office be local and one for which local residence is required by
22law, of the district, county, or city for which the officer was chosen
23or appointed, or within which the duties of his or her office
are
24required to be discharged.
25(f) His or her absence from the state without the permission
26required by law beyond the period allowed by law.
27(g) His or her ceasing to discharge the duties of his or her office
28for the period of three consecutive months, except when prevented
29by sickness, or when absent from the state with the permission
30required by law.
31(h) His or her conviction of a felony or of any offense involving
32a violation of his or her official duties. An officer shall be deemed
33to have been convicted under this subdivision when trial court
34judgment is entered. For purposes of this subdivision, “trial court
35judgment” means a judgment by the trial court either sentencing
P3 1the officer or otherwise upholding
and implementing the plea,
2verdict, or finding.
3(i) His or her refusal or neglect to file his or her required oath
4or bond within the time prescribed.
5(j) The decision of a competent tribunal declaring void his or
6her election or appointment.
7(k) The making of an order vacating his or her office or declaring
8the office vacant when the officer fails to furnish an additional or
9supplemental bond.
10(l) His or her commitment to a hospital or sanitarium by a court
11of competent jurisdiction as a drug addict, dipsomaniac, inebriate,
12or stimulant addict; but in that event the office shall not be deemed
13vacant until the order of commitment has become final.
14(m) (1) The incumbent is listed in the Excluded Parties List
15System and all of the following subparagraphs apply:
16(A) The office is one that the incumbent holds ex officio, by
17virtue of holding another office, or as an appointee.
18(B) The appointed or ex officio office is on the governing board
19of a local agency that is, or may reasonably be expected to be, a
20participant or principal in a covered transaction, pursuant to federal
21law.
22(C) A federal agency head or designee has not granted the
23incumbent an exception, in writing, permitting the incumbent to
24participate in a particular covered transaction in which the local
25agency is, or may
reasonably be expected to be, a participant or
26principal.
27(2) For purposes of this subdivision, the following terms have
28the following meanings:
29(A) “Excluded Parties List System” means the list maintained
30and disseminated by the federal General Services Administration
31containing names of, and other information about, persons who
32are debarred, suspended, disqualified, or otherwise excluded from
33participating in a covered transaction, pursuant to federal law.
34(B) “Local agency” includes, but is not limited to, a county,
35whether general law or chartered, city, whether general law or
36chartered, city and county, school district, municipal corporation,
37district, political subdivision, or any board, commission, or agency
38of
one of these entities.
39(C) “Federal law” includes, but is not limited to, federal
40regulations adopted pursuant to Section 2455 of Public Law
P4 1103-355 (108 Stat. 3327), Executive Order No. 11738, Executive
2Order No. 12549, and Executive Order No. 12689.
3(3) This subdivision shall not apply to an elective office.
Section 36512 of the Government Code is amended
5to read:
(a) If a vacancy occurs in an appointive office provided
7for in this chapter, the council shall fill the vacancy by
8appointment. A person appointed to fill a vacancy holds office for
9the unexpired term of the former incumbent.
10(b) If a vacancy occurs in an elective office provided for in this
11chapter, the council shall, within 60 days from the commencement
12of the vacancy, either fill the vacancy by appointment or call a
13special election to fill the vacancy. The special election shall be
14held on the next regularly established election date not less than
15114 days from the call of the special election. A person appointed
16or elected to fill a vacancy holds office for the unexpired term of
17the
former incumbent.
18(c) Notwithstanding subdivision (b) and Section 34902, a city
19may enact an ordinance that does any of the following:
20(1) Requires that a special election be called immediately to fill
21every city council vacancy and the office of mayor designated
22pursuant to Section 34902. The ordinance shall provide that the
23special election shall be held on the next regularly established
24election date not less than 114 days from the call of the special
25election.
26(2) Requires that a special election be held to fill a city council
27vacancy and the office of mayor designated pursuant to Section
2834902 when petitions bearing a specified number of verified
29signatures are filed. The ordinance shall provide that the special
30election
shall be held on the next regularly established election
31date not less than 114 days from the filing of the petition. A
32governing body that has enacted such an ordinance may also call
33a special election pursuant to subdivision (b) without waiting for
34the filing of a petition.
35(3) Provides that a person appointed to fill a vacancy on the city
36council holds office only until the date of a special election which
37shall immediately be called to fill the remainder of the term. The
38special election may be held on the date of the next regularly
39established election or regularly scheduled municipal election to
P5 1be held throughout the city not less than 114 days from the call of
2the special election.
3(d) (1) Notwithstanding subdivision (b) and Section 34902, an
4appointment
shall not be made to fill a vacancy on a city council
5if the appointment would result in a majority of the members
6serving on the council having been appointed. The vacancy shall
7be filled in the manner provided by this subdivision.
8(2) The city council may call an election to fill the vacancy, to
9be held on the next regularly established election date not less than
10114 days after the call.
11(3) If the city council does not call an election pursuant to
12paragraph (2), the vacancy shall be filled at the next regularly
13established election date.
14(e) (1) If the city council of a city that elects city council
15members by or from districts elects to fill a vacancy on the city
16council by appointment as a result
of a city council member
17resigning from office, the resigning city council member may cast
18a vote on the appointment if the resignation will go into effect
19upon the appointment of a successor. A city council member shall
20not cast a vote for a family member or any other person with whom
21the city council member has a relationship that may create a
22potential conflict of interest.
23(2) If a city council member elects to cast a vote under this
24subdivision, the city council member shall be prohibited from the
25following actions for a period of two years after the appointment
26of a successor:
27(A) Advocating on any measure or issue coming before the city
28council in which the city council member may have a personal
29benefit.
30(B) Entering into a contract of any kind with the city or a city
31vendor.
32(C) Accepting a position of employment with the city or a city
33vendor.
34(D) Applying for a permit that is subject to the approval of the
35city council.
36(3) This subdivision shall not apply to any city council member
37who is resigning from the city council due tobegin delete an accusationend deletebegin insert chargesend insert
P6 1 of, or conviction for, corruption or criminal behavior, or who is
2subject to a recall election.
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