Bill Text: CA AB952 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 952 (Prior Session Legislation)

Bill Title: Local government: vacancies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-08-12 - Chaptered by Secretary of State - Chapter 185, Statutes of 2015. [AB952 Detail]

Download: California-2015-AB952-Chaptered.html

BILL NUMBER: AB 952	CHAPTERED
	BILL TEXT

	CHAPTER  185
	FILED WITH SECRETARY OF STATE  AUGUST 12, 2015
	APPROVED BY GOVERNOR  AUGUST 12, 2015
	PASSED THE SENATE  JULY 13, 2015
	PASSED THE ASSEMBLY  MAY 22, 2015
	AMENDED IN ASSEMBLY  APRIL 20, 2015
	AMENDED IN ASSEMBLY  APRIL 8, 2015

INTRODUCED BY   Assembly Member Cristina Garcia

                        FEBRUARY 26, 2015

   An act to amend Section 36512 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 952, Cristina Garcia. Local government: vacancies.
   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, and provides that a person
elected or appointed to fill a vacancy holds office for the unexpired
term of the former incumbent.
   This bill would instead provide that if the council fills a
vacancy in an elective office by appointment, and that vacancy
occurred in the first half of the term of office and at least 130
days prior to the next general municipal election, the person
appointed to fill the vacancy holds office until the next general
municipal election at which a person is elected to fill that vacancy,
and thereafter, until the person elected is qualified. The bill
would additionally provide that if the vacancy occurs in the first
half of a term of office, but less than 130 days prior to the next
general municipal election, or if the vacancy occurs in the second
half of the term of office, the person appointed to fill the vacancy
holds office for the unexpired term of the former incumbent.


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

  SECTION 1.  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.
   (1) If the council calls a special election, 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
elected to fill a vacancy holds office for the unexpired term of the
former incumbent.
   (2) If the council fills the vacancy by appointment, the person
appointed to fill the vacancy shall hold office pursuant to one of
the following:
   (A) If the vacancy occurs in the first half of a term of office
and at least 130 days prior to the next general municipal election,
the person appointed to fill the vacancy shall hold office until the
next general municipal election that is scheduled 130 or more days
after the date the council is notified of the vacancy, and thereafter
until the person who is elected at that election to fill the vacancy
has been qualified. The person elected to fill the vacancy shall
hold office for the unexpired balance of the term of office.
   (B) If the vacancy occurs in the first half of a term of office,
but less than 130 days prior to the next general municipal election,
or if the vacancy occurs in the second half of a term of office, the
person appointed to fill the vacancy shall hold 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.