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HomeMy WebLinkAboutAB 18 (Knight) - City Council VacanciesREQUEST: XL CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB 18 (KNIGHT) AT ITS MEETING OF FEBRUARY 24, 2009 DATE: March 12, 2009 CONTENTS: AB 18 Language RECOMMENDATION: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 18 (Knight) relative to City Council vacancies. BACKGROUND: Current law requires City Councils to, within thirty days of a vacancy of an elective office, fill that vacancy by appointment or calling a special election. If passed, AB 18 would authorize City Councils to leave vacated seats vacant for up to one year or until the next general election, or whichever comes first, if the seated City Council members cannot agree on an appropriate appointee and the remaining members can still form a quorum. Because the language of this bill would return control to local agencies regarding unexpected vacancies, which must be filled by either appointment or special election, are filled. Therefore the Legislative Review Committee recommends that the City Council 3ullopwrt A 18 and direct staff to prepare a letter stating that position to appropriate legisla:ors an commies for the Mayor's signature. PATRICIA SCULLY, CFE SENIOR MANAGEMENT ANAsh T SHEILA It IL-IGAN ACM/COMMUNITY SEFRVIV ES PAUL GIBSON DIRECTOR OF FINANCE/ CITY TREASURER M. WOHLMUTH Y MANAGER RECEIVED q'IEETING DATE State Net Bill Text Page 1 of 2 In bill text the following has special meaning underline denotes added text u:,.; cut .cxt dcnok.s dae.;:cd tcxt 2009 CAA 18 AUTHOR: Knight VERSION: Introduced VERSION DATE: 12/01/2008 ASSEMBLY BILL No. 18 INTRODUCED BY Assembly Member Knight DECEMBER 1, 2008 An act to amend Section 36512 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 18, as introduced, Knight. Local government: city councils. Existing law requires a city council to, within 30 days of a vacancy in an elective office, fill that vacancy by appointment or call a special election to fill the vacancy, as specified. This bill would authorize the city council to leave a seat on the city council vacant for up to one year or until the next general election, whichever comes first, if the remaining city council members cannot agree upon an appropriate appointee and the remaining city council members can still form a quorum, as specified. 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. The Legislature finds and declares that the administration of a special election to fill a vacant position on a city council often results in a large and sometimes unnecessary financial burden on the citizens of the affected city. 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) (1) 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, either fill the vacancy by appointment or call a special http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text version=CA2009000A18 2008... 1/2/2009 State Net Bill Text Page 2 of 2 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. (2) Notwithstanding paragraph (1), if a seat on the city council becomes vacant and the remaining city council members are unable to reach a consensus on an appropriate appointee, the city council may leave that seat unfilled until either the next general election or for up to one year from the commencement of the vacancy , whichever occurs first, so long as a quorum can be reached without filling the vacant seat. (c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance whrelrthat 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 which 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. Copyright 2009 State Net. All Rights Reser ved. http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text_version=CA2009000A 18_2008... 1/2/2009