Bill Text: CA AB1795 | 2013-2014 | Regular Session | Chaptered
Bill Title: Cities: city council: vacancy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 725, Statutes of 2014. [AB1795 Detail]
Download: California-2013-AB1795-Chaptered.html
BILL NUMBER: AB 1795 CHAPTERED
BILL TEXT
CHAPTER 725
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 21, 2014
AMENDED IN SENATE JUNE 24, 2014
AMENDED IN ASSEMBLY MAY 15, 2014
INTRODUCED BY Assembly Member Alejo
FEBRUARY 18, 2014
An act to amend Sections 1770 and 36512 of the Government Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1795, 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 vacant pursuant to a letter of
resignation from 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1770 of the Government Code is amended to read:
1770. An office becomes vacant on the happening of any of the
following events before the expiration of the term:
(a) The death of the incumbent.
(b) An adjudication pursuant to a quo warranto proceeding
declaring that the incumbent is physically or mentally incapacitated
due to disease, illness, or accident, and that there is reasonable
cause to believe that the incumbent will not be able to perform the
duties of his or her office for the remainder of his or her term.
This subdivision shall not apply to offices created by the California
Constitution nor to federal or state legislators.
(c) (1) His or her resignation, except as provided in paragraph
(2).
(2) In the case of the office of city council member, upon the
delivery of a letter of resignation by the resigning council member
to the city clerk. The letter of resignation may specify a date on
which the resignation will become effective.
(d) His or her removal from office.
(e) His or her ceasing to be an inhabitant of the state, or if the
office be local and one for which local residence is required by
law, of the district, county, or city for which the officer was
chosen or appointed, or within which the duties of his or her office
are required to be discharged.
(f) His or her absence from the state without the permission
required by law beyond the period allowed by law.
(g) His or her ceasing to discharge the duties of his or her
office for the period of three consecutive months, except when
prevented by sickness, or when absent from the state with the
permission required by law.
(h) His or her conviction of a felony or of any offense involving
a violation of his or her official duties. An officer shall be deemed
to have been convicted under this subdivision when trial court
judgment is entered. For purposes of this subdivision, "trial court
judgment" means a judgment by the trial court either sentencing the
officer or otherwise upholding and implementing the plea, verdict, or
finding.
(i) His or her refusal or neglect to file his or her required oath
or bond within the time prescribed.
(j) The decision of a competent tribunal declaring void his or her
election or appointment.
(k) The making of an order vacating his or her office or declaring
the office vacant when the officer fails to furnish an additional or
supplemental bond.
(l) His or her commitment to a hospital or sanitarium by a court
of competent jurisdiction as a drug addict, dipsomaniac, inebriate,
or stimulant addict; but in that event the office shall not be deemed
vacant until the order of commitment has become final.
(m) (1) The incumbent is listed in the Excluded Parties List
System and all of the following subparagraphs apply:
(A) The office is one that the incumbent holds ex officio, by
virtue of holding another office, or as an appointee.
(B) The appointed or ex officio office is on the governing board
of a local agency that is, or may reasonably be expected to be, a
participant or principal in a covered transaction, pursuant to
federal law.
(C) A federal agency head or designee has not granted the
incumbent an exception, in writing, permitting the incumbent to
participate in a particular covered transaction in which the local
agency is, or may reasonably be expected to be, a participant or
principal.
(2) For purposes of this subdivision, the following terms have the
following meanings:
(A) "Excluded Parties List System" means the list maintained and
disseminated by the federal General Services Administration
containing names of, and other information about, persons who are
debarred, suspended, disqualified, or otherwise excluded from
participating in a covered transaction, pursuant to federal law.
(B) "Local agency" includes, but is not limited to, a county,
whether general law or chartered, city, whether general law or
chartered, city and county, school district, municipal corporation,
district, political subdivision, or any board, commission, or agency
of one of these entities.
(C) "Federal law" includes, but is not limited to, federal
regulations adopted pursuant to Section 2455 of Public Law 103-355
(108 Stat. 3327), Executive Order No. 11738, Executive Order No.
12549, and Executive Order No. 12689.
(3) This subdivision shall not apply to an elective office.
SEC. 2. Section 36512 of the Government Code is amended to read:
36512. (a) If a vacancy occurs in an appointive office provided
for in this chapter, the council shall fill the vacancy by
appointment. A person appointed to fill a vacancy holds office for
the unexpired term of the former incumbent.
(b) If a vacancy occurs in an elective office provided for in this
chapter, the council shall, within 60 days from the commencement of
the vacancy, either fill the vacancy by appointment or call a special
election to fill the vacancy. The special election shall be held on
the next regularly established election date not less than 114 days
from the call of the special election. A person appointed or elected
to fill a vacancy holds office for the unexpired term of the former
incumbent.
(c) Notwithstanding subdivision (b) and Section 34902, a city may
enact an ordinance that does any of the following:
(1) Requires that a special election be called immediately to fill
every city council vacancy and the office of mayor designated
pursuant to Section 34902. The ordinance shall provide that the
special election shall be held on the next regularly established
election date not less than 114 days from the call of the special
election.
(2) Requires that a special election be held to fill a city
council vacancy and the office of mayor designated pursuant to
Section 34902 when petitions bearing a specified number of verified
signatures are filed. The ordinance shall provide that the special
election shall be held on the next regularly established election
date not less than 114 days from the filing of the petition. A
governing body that has enacted such an ordinance may also call a
special election pursuant to subdivision (b) without waiting for the
filing of a petition.
(3) Provides that a person appointed to fill a vacancy on the city
council holds office only until the date of a special election which
shall immediately be called to fill the remainder of the term. The
special election may be held on the date of the next regularly
established election or regularly scheduled municipal election to be
held throughout the city not less than 114 days from the call of the
special election.
(d) (1) Notwithstanding subdivision (b) and Section 34902, an
appointment shall not be made to fill a vacancy on a city council if
the appointment would result in a majority of the members serving on
the council having been appointed. The vacancy shall be filled in the
manner provided by this subdivision.
(2) The city council may call an election to fill the vacancy, to
be held on the next regularly established election date not less than
114 days after the call.
(3) If the city council does not call an election pursuant to
paragraph (2), the vacancy shall be filled at the next regularly
established election date.
(e) (1) If the city council of a city that elects city council
members by or from districts elects to fill a vacancy on the city
council by appointment as a result of a city council member resigning
from office, the resigning city council member may cast a vote on
the appointment if the resignation will go into effect upon the
appointment of a successor. A city council member shall not cast a
vote for a family member or any other person with whom the city
council member has a relationship that may create a potential
conflict of interest.
(2) If a city council member elects to cast a vote under this
subdivision, the city council member shall be prohibited from the
following actions for a period of two years after the appointment of
a successor:
(A) Advocating on any measure or issue coming before the city
council in which the city council member may have a personal benefit.
(B) Entering into a contract of any kind with the city or a city
vendor.
(C) Accepting a position of employment with the city or a city
vendor.
(D) Applying for a permit that is subject to the approval of the
city council.
(3) This subdivision shall not apply to any city council member
who is resigning from the city council due to charges of, or
conviction for, corruption or criminal behavior, or who is subject to
a recall election.
