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HomeMy WebLinkAboutLegislative Review - AB 1013 (Garcia) Locally Elected OfficialsCITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB 1013 (GARCIA) AT ITS MEETING OF MARCH 22, 2005 DATE: April 14, 2005 CONTENTS: AB 1013 Language Recommendation: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1013 (Garcia) relative to locally elected officials. Executive Summary: Passage of AB 1013 would require that city councils fill vacancies by appointment within 30 days of the vacancy occurring to the person who received the third highest vote in the prior election. Background: Current law provides that if a vacancy occurs in an elective office of a general law city, the city council shall, within 30 days, either fill the vacancy by appointment or call a special election to be held within 114 days. AB 1013 proposes to require city councils to fill vacancies within 30 days by appointment of the person who received the third highest number of votes in the prior election for that office. If that person does not exist, cannot be appointed, or will not accept the appointment, the council shall then call a special election to be held within 114 days. The very subject matter of AB 1013 impedes the ability of local agencies to conduct their business in the manner which best suits individual communities. If such a statute is needed, the constituents being served by locally elected bodies should have an opportunity to determine how to best meet that community's needs by passing local ordinances or resolutions. Making this a law throughout the State simply does not make sense and assumes that State Legislators know the best interests of local communities by passing a law that assumes that various areas of the State have identical needs. In addition, the specific language of this bill states that the individual receiving the third highest number of votes in an election would be appointed. This does not address the issue of a second highest vote recipient or an uncontested election. Because the Legislative Review Committee is of the opinion that the intent as well as the specific language of AB 1013 is unnecessary, flawed, and intrusive on the manner in which local agencies conduct their day-to-day business, it recommends that the City Council oppose AB 1013 and direct staff to prepare a letter stating that position to appropriate legislators for the Mayor's signature. . c� — � PATRICIA SCULLY, CFE0^ SENIOR MANAGEMENT ANALYST ASSISTANT CITY PAUL S. GIB ON DIR OF FINANCE/CITY TREASURER CARLOS L. O EGA CITY MANAGER AB 1013 Assembly Bill - INTRODUCED Page 1 of 2 BILL NUMBER: AB 1013 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Garcia FEBRUARY 22, 2005 An act to amend Section 36512 of the Government Code, relating to local elected officials. LEGISLATIVE COUNSEL'S DIGEST AB 1013, as introduced, Garcia. Local elected officials: vacancy: appointment. Existing law provides that if a vacancy occurs in an elective office of a general law city, the city council shall, within 30 days, either fill the vacancy by appointment or call a special election to be held within 114 days. This bill would instead provide that the city council shall fill the vacancy within 30 days by appointment of the person who received the 3rd-highest number of votes in the prior election for that office. If that person does not exist, cannot be appointed, or will not accept the appointment, the council shall then call a special election to be held within 114 days. 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 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 30 days from the commencement of the vacancy,:- fill the vacancy by appointment --cs of the person who received the third -highest number of votes at the previous elect ion for that office. If that person does not exist, cannot be appointed, or will not accept the appointment, the council shall then 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 which: (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. http://info.sen.ca.gov/pub/bill/asm/ab 1001-1050/ab 1013 bill_20050222_introduced.html 2/25/2005 AB 1013 Assembly Bill - INTRODUCED Page 2 of 2 (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 which 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. http://info.sen.ca.gov/publbill/asmlab 1001-1050/ab_1013 bill_20050222_introduced.html 2/25/2005