text: In the preparation and adoption of the county or county fire protection districts budget, the board of supervisors shall add to and include in the appropriation for salaries and wages an amount equal to the contributions to be made by members during the period for which the budget is being prepared.

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


kind: section

code: GOV

text: The county auditor shall certify to the board of supervisors at the end of each month the total amount of contributions paid by members to the fund, and the board of supervisors shall thereupon transfer a like amount from the appropriation to the fund.

history: (History: Added by Stats. 1947, Ch. 424.)

division: 4. EMPLOYEES

title: 3. GOVERNMENT OF COUNTIES

chapter: 5. County Fire Service Retirement Law

article: 5. Contributions

path: 3. GOVERNMENT OF COUNTIES > 4. EMPLOYEES > 5. County Fire Service Retirement Law > 5. Contributions


text:
All contributions and deposits shall bear simple interest at a rate to be fixed by the board with the approval of the board of supervisors, not to exceed 4 percent a year.

Interest shall be credited semiannually on June 30th and December 31st to all contributions in the fund to the credit of each member which have been on deposit for six months immediately prior to such date.

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


text: Any member of the system who is separated from the service of the county before retirement for any cause other than death or permanent disability, shall have paid to him all his contributions to the fund and one-half of all interest credited to his account.

history: (History: Amended by Stats. 1949, Ch. 1369.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


text: Upon the death before retirement of any member for any cause other than an injury received during the performance of his duty or sickness caused by the discharge of such duty, the system shall pay to his legal representative, all his contribution to the fund and one-half of all interest credited to his account.

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


text: Any member may redeposit in the fund, within one year after his reentrance into the service, an amount equal to that which he withdrew at the last termination of his membership. The redeposit shall constitute reinstatement in this system, and he is entitled to all of the privileges and benefits of the system.

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


text: Any member who enters the armed forces of the United States during war or national emergency proclaimed by the President or an act of Congress providing for peacetime induction or conscription and thereafter returns to active service as a forester, firewarden, or fireman within 90 days after the termination of military service during the war or emergency is deemed to have been in continuous service as a forester, firewarden, or fireman during the time he was in the armed forces of the United States if, during the period of his absence from active duty or within one year after his return from military service and such further time not exceeding an additional two years as the board determines, he pays into the fund an amount equal to the contributions which he would have made had he remained on active duty.

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


text: If any member is compelled to be absent from his employment because temporarily incapacitated for the performance of duty as the result of injury or disease occurring in and arising out of his employment, because of which he becomes entitled to workmen’s compensation, within 90 days after his return to active employment, or within 90 days after the effective date of this section, whichever first occurs, or within such further time as may be granted by the board, he may pay into the fund an amount equal to that which would have been deducted had he remained in active employment. Upon the making of such payment, such time, whether before or after the effective date of this section, shall be considered as time served as a county forester, firewarden, or fireman.

history: (History: Added by Stats. 1947, Ch. 270.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


text: Notwithstanding the provisions of this article, the board of supervisors and the board of supervisors as a governing body of the fire protection districts, may elect to contribute for each member of this system who has entered the armed forces of the United States after June 1, 1940, during war or national emergency proclaimed by the President or an act of Congress providing for peacetime induction or conscription and thereafter returns to active duty as a county forester, fire warden or county fire protection district fireman within ninety days after the termination of such military service, in addition to the contributions required by Sections 32330 and 32331, an amount equal to twice the amount such member would have contributed had he remained in service as a county forester, fire warden, or county fire protection district fireman and received the full salary of the position or positions which he held during the time of such military service.

history: (History: Added by Stats. 1949, Ch. 481.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


text:
If the board of supervisors elects to contribute as provided in Section 32339:

(a) Any such member who exercises or did exercise the right to contribute to the system during the period of military service shall have such contributions refunded.

(b) Any such member who withdraws or has withdrawn his accumulated contributions during his military service and who does not or did not redeposit the amount withdrawn upon his return to service as a county forester, fire warden or county fire protection district fireman is entitled to be credited with any contribution the board of supervisors elects to make, and to receive credit for service during the period he was absent on military service, the same as if he had not withdrawn his accumulated contributions, and his rate for future contributions shall be based upon his age at the commencement of his absence on military service.

(c) The contribution made by the board of supervisors pursuant to this section shall be available only for the purpose of retirement for service or for disability, and shall be made available only for the purpose of retirement, and a member resigning from county service after reinstatement from military service shall be entitled to withdraw only that portion of his accumulated contributions personally made by him.

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


text: When the compensation of a member is a factor in any computation to be made under this chapter, there shall be excluded from such computation for any period of service prior to the first day of the month after the effective date of this section, any compensation earned since the establishment of the system upon which compensation the member has not paid contributions into the fund because of the provisions of Section 32322 as it existed prior to October 1, 1949, unless on or before December 31, 1952, such member shall elect by written notice filed with the board to pay into the retirement fund either by lump sum payment or by pay roll deductions over a period not exceeding 36 months, and prior to the effective date of his retirement and thereafter pays into the fund within the period specified such additional amount as he would have contributed as a part of his contributions had Section 32322 always read as it now reads and an amount equal to one-half the additional interest which would have been accrued to his account under such assumptions.

history: (History: Amended by Stats. 1951, Ch. 1236.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


text: A member subject to the provisions of Section 32341, who, either before or after the effective date of the 1951 amendment to this section elects to make the payments provided for therein shall be deemed to have elected to make the payments provided for in Section 32341 as it now reads.

title: 3. GOVERNMENT OF COUNTIES

article: 5. Contributions


text: Whenever this chapter becomes operative in any county, the board shall order that any person who has been duly appointed, selected, or elected and qualified and has served as a forester, firewarden, or fireman for 20 years or more in the aggregate for which contributions provided for in this chapter have been made, and who has reached age 60, or who thereafter completes such service and attains age 60, shall be retired as of the first day of the succeeding calendar month.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits

path: 3. GOVERNMENT OF COUNTIES > 4. EMPLOYEES > 5. County Fire Service Retirement Law > 6. Benefits


text: Any person retiring for service shall receive a pension payable in equal monthly installments during his lifetime, equal to one-half of his terminal salary, not to exceed two hundred fifty dollars ($250) a month. If a member is subject to the provisions of Section 32341 and does not exercise the option provided for therein, the amount shall not exceed one hundred fifty dollars ($150) per month.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text: Any member shall be retired for disability regardless of age or amount of service, if incapacitated for the performance of duty as the result of an injury or disease occurring in and arising out of the course of his employment. Any member otherwise incapacitated for the performance of duty shall be retired regardless of age, but only after 10 years of service. Incapacity for performance of duty shall be determined by the board. As used in this section, “service” means only service for which contribution provided for in this chapter has been made as a county forester, firewarden, or fireman.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text: If a member who has served 15 years or more develops heart trouble, it shall be presumed, in the absence of evidence to the contrary, in any proceeding under this chapter by the board and by the court, that such heart trouble is an injury or disease occurring in and arising out of his employment.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text: Upon retirement of a member for service connected disability, he shall receive an annual pension, payable in equal monthly installments, equal to one-half of his terminal salary, not to exceed two hundred fifty dollars ($250) a month. If a member is subject to the provisions of Section 32341 and does not exercise the option provided for therein, the amount shall not exceed one hundred fifty dollars ($150) per month.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text: Whenever any member is killed, or dies, as a result of any injury received during the performance of his duty, or from sickness caused by the discharge of such duty, or after retirement for service connected disability, an annual pension shall be paid in equal monthly installments to his widow, or child, or children, in an amount equal to one-half of his terminal salary, not to exceed two hundred fifty dollars ($250) a month. The pension shall be paid to the widow, during her lifetime or until she remarries. Thereafter, or if there is no widow qualified to receive the pension, it shall be paid to such of his children, through their guardian, as are under eighteen years of age, to be equally divided among them in the following amounts:For one child $50For two children $75For three or more children $100 A widow of a pensioner is not entitled to a pension unless she was married to the deceased pensioner at least five years prior to the date of his retirement. If the widow, widower, child, or children marry, the pension paid to the person so marrying shall cease. If a member is subject to the provisions of Section 32341 and does not exercise the option provided for therein, the amount shall not exceed one hundred fifty dollars ($150) per month.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text:
Upon retirement of a member for nonservice connected disability, he shall receive an annual pension, payable in monthly installments, dependent upon the aggregate length of his service, as follows:

After 10 years but less than 12 years of service, seventy-five dollars ($75) a month.

After 12 years but less than 14 years of service, eighty dollars ($80) a month.

After 14 years but less than 16 years of service, eighty-five dollars ($85) a month.

After 16 years but less than 18 years of service, ninety dollars ($90) a month.

After 18 years but less than 20 years of service, ninety-five dollars ($95) a month.

After 20 years of service, one hundred dollars ($100) a month.

A pension for nonservice connected disability shall not exceed one-half of the terminal salary of the member.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text: The board may require any member retired for disability, under age 50, to undergo medical examination. The examination shall be made by a physician, appointed by the board, at the place of residence of the retired member or other place mutually agreed upon. Upon the basis of such examination the board shall determine whether the retired member is still physically or mentally incapacitated for service in the position held by him at the time of his retirement.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text: If the board determines that the retired member is not so incapacitated, his pension shall be canceled forthwith, and pursuant to regulations adopted by the county for the reinstatement or reemployment of personnel, he is eligible for reinstatement to a position in the class in which he was employed at time of retirement.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text: If the pension is canceled, there shall be immediately paid to the member out of the fund, the amount of his accumulated contributions as of the date of his retirement and all interest credited to his account, less an amount equal to one-half of the pension payments made to him during the period of his retirement.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text: If the retired member reenters county service and is eligible for membership in this system, his rate of contribution for future years is that established for his age at the time of reentry. He shall receive credit for all service rendered by him prior to the time of his disability retirement, if he deposits into the fund within six months after his reinstatement an amount equal to that paid to him upon cancellation of his pension.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text:
At any time before the first payment of any pension is made, a member or beneficiary may elect to receive the actuarial equivalent at that time of his pension in a lesser pension payable throughout his life and that of his widow, widower or beneficiary, if she or he survives him, in accordance with one of the following options:

Option 1: Upon his death, such lesser pension shall be continued throughout the life of and paid to his widow, widower or beneficiary.

Option 2: Upon his death, one-half of such lesser pension shall be continued throughout the life of and paid to his widow, widower or beneficiary.

history: (History: Amended by Stats. 1949, Ch. 1367.)

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text:
Any member may file with the board a written statement nominating one or more beneficiaries, jointly, contingently, or both.

If joint beneficiaries are named, the board may pay the amount due to any one of them, and the payment is a complete discharge.

history: (History: Added by Stats. 1949, Ch. 1367.)

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text: If, after the effective date of this section a member who retired at any time after January 1, 1945, pays into the fund the difference between what he did contribute and what he would have contributed had Section 32322 always read as it now reads, and also pays the interest which would have been accrued upon such difference, then upon such payment, all retirement payments made subsequent to such payment shall be calculated as if such member had retired subsequent to the effective date of this section.

title: 3. GOVERNMENT OF COUNTIES

article: 6. Benefits


text: This chapter may be cited as the County Peace Officer and Fire Service Retirement Plan Law.

history: (History: Added by Stats. 1949, Ch. 1479.)

title: 3. GOVERNMENT OF COUNTIES

path: 3. GOVERNMENT OF COUNTIES > 4. EMPLOYEES > 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans


text: It is the intent of this chapter to enable any county to adopt such a retirement, disability and death benefit plan as may be determined upon by the board of supervisors or qualified electors thereof for those officers and employees in the public service whose duties expose them to more than ordinary risks, and in recognition of a public obligation to such officers and employees and to provide a means whereby such officers and employees who become incapacitated in the performance of their duties by injury, sickness, or age, may, without hardship or prejudice, be replaced by more capable officers and employees to the betterment of the public service, and whereby the surviving spouse, or minor children, or dependent parents of any such officer or employee may be provided for upon his death.

title: 3. GOVERNMENT OF COUNTIES

chapter: 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans


text: This chapter and every retirement, disability and death benefit plan adopted pursuant to its terms, shall be given a liberal interpretation with a view to carrying out its purposes.

title: 3. GOVERNMENT OF COUNTIES


text:
For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section, unless a different meaning is clearly indicated by the context:

“County peace officers” shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations and sworn in as provided by law to perform the duties of undersheriff, chief deputy sheriff, jailers, turnkeys, deputy sheriffs, bailiffs, process servers, constables, deputy constables, motorcycle officers, the head and assistant heads of all divisions of the sheriff’s office, and all their regularly appointed deputies, detectives and investigators in the office of the district attorney whose duties are substantially similar to those of peace officers and marshals and deputy marshals. Clerks, bookkeepers, stenographers, and other employees who may have been appointed as deputy sheriffs or deputy marshals but who do not perform the duties of any of the peace officers enumerated and honorary deputy sheriffs or deputy marshals or other persons holding appointments as deputy sheriffs or deputy marshals who receive no compensation therefor and who do not regularly perform particular official duties are not included.

The duly elected, qualified and acting sheriff of any county shall also be included in the phrase “county peace officers.”

“County foresters, fire wardens and firemen” shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations to perform the duties of county forester, deputy or assistant county fire wardens, heads and assistant heads of all divisions of any county forester’s or county fire warden’s department, and all fire apparatus engineers, fire prevention inspectors, forest firemen, fire patrolmen, fire observers and foremen assigned to fire suppression crews, and all other personnel not specifically excluded, who are assigned to fire prevention and suppression in any county forester’s or county fire warden’s department and the officers, engineers and firemen of any county fire protection district, and all other personnel not specifically excluded, who are assigned to fire prevention and suppression in any fire protection district. Clerks, bookkeepers, stenographers, cooks, laborers, county fire protection district volunteer employees or persons who are not employed for full time duty, or other employees not performing the duties of any of the persons enumerated and any honorary deputy county fire warden or honorary deputy, county forester, or voluntary fire warden holding appointment as such but receiving no compensation therefor and not regularly performing particular official duties are not included.

“City police officers” shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations and sworn in as provided by law to perform the duties of a regular police officer in the organized police department of a municipal corporation.

“City firemen” shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations to perform the duties of a regular fireman in the organized fire department of a municipal corporation.

title: 3. GOVERNMENT OF COUNTIES


text: Subject only to the limitations of this chapter, any county may, by ordinance adopted by a four-fifths (45) vote of the board of supervisors, or by a majority vote of the qualified electors of said county, establish and maintain a retirement, disability and death benefit plan for county peace officers, foresters, fire wardens, and firemen.

title: 3. GOVERNMENT OF COUNTIES


text: Any retirement plan established pursuant to this chapter shall be under the exclusive control and management of a “board of administration” to be composed of not less than three (3) nor more than seven (7) members. The members of said board shall be chosen in such manner, shall serve for such terms and receive such compensation as may be provided in the ordinance creating the retirement plan. The county treasurer shall be ex officio a member of said board.

title: 3. GOVERNMENT OF COUNTIES


text: When any county establishes a retirement plan under the provisions of this chapter, there shall be created in the treasury of the county and opened upon the books of the auditor and treasurer of the county, a trust fund to be known as the “peace officers and fire service retirement fund” for the payment of administration expense and retirement, disability and death benefit allowances. Said fund shall consist of all moneys paid into said fund in accordance with the provisions of this chapter and of the ordinance creating the retirement plan and earnings from investments. The board of administration shall have exclusive control of the administration, investment and reinvestment of said fund, provided, however, that all money in said fund shall be kept on deposit in the county treasury or be invested in bonds or other securities authorized by the laws of the State of California as legal investments for savings banks. Such bonds or securities shall be placed in the custody of the county treasurer for safekeeping.

title: 3. GOVERNMENT OF COUNTIES


text: All transfers or payments to said fund and all withdrawals and cash transactions shall be accounted for upon the books of the auditor and treasurer.

title: 3. GOVERNMENT OF COUNTIES


text: All warrants drawn on said fund shall be on order of the board of administration and shall be signed by the treasurer and at least one other member of the board who shall be designated by the board. Every warrant shall be countersigned, numbered and recorded by the county auditor.

title: 3. GOVERNMENT OF COUNTIES


text: Any retirement plan established pursuant to the provisions of this chapter, shall supersede any existing retirement system for county peace officers or county foresters, fire wardens and firemen, and all money, property and investments standing to the credit of the fund of the superseded system shall be transferred to the county peace officers and fire service retirement fund created by this chapter, whether such money and investments were derived from member contributions, county contributions, earnings, accumulations or profits from investments, or otherwise.

title: 3. GOVERNMENT OF COUNTIES


text: In the event a retirement plan adopted pursuant to the authority of this chapter supersedes an existing system as hereinbefore provided, then, and in that event, the plan adopted under this chapter shall provide for the continued membership, with full service credit, of all persons who are members of the superseded system at the time such new plan becomes operative and for the continuation of all pensions, annuities, retirement allowances and death benefits to all pensioners, retired members and beneficiaries of the superseded system, in amounts not less than would have been payable to them under such superseded system.

title: 3. GOVERNMENT OF COUNTIES


text: It shall be competent in any plan adopted under this chapter to provide for the inclusion therein, as members thereof, the city police officers and city firemen of any municipal corporation which elects to bring itself within the operation of such plan.

title: 3. GOVERNMENT OF COUNTIES


text: Any such inclusion shall be made by ordinance adopted by the affirmative vote of two-thirds of the members of the legislative body of such municipal corporation, or by a majority vote of the qualified electors thereof.

title: 3. GOVERNMENT OF COUNTIES


text: Whenever any municipal corporation elects to include its city police officers and city firemen in a county retirement plan pursuant to the provisions of this chapter, such city shall assume all cost and expense to the plan, arising out of all retirement, disability and death benefits payable, or to become payable to, or on account of its police officers and firemen to the same extent, in the same manner and at the same time or times as the county assumes and discharges its liabilities for the payment of retirement, disability and death benefits to county peace officers and county foresters, fire wardens and firemen, and administration expense shall be prorated each year between the county and any municipal corporation or corporations joining the county plan in the proportion that each of their active membership bears to the total active membership under the plan.

title: 3. GOVERNMENT OF COUNTIES


text: Not later than August 1st of each year, the board of administration of any retirement plan established under the provisions of this chapter, shall file with the board of supervisors a written statement showing the amounts necessary to be provided by the county during the current fiscal year for the maintenance of the peace officers and fire service retirement fund and administration expense. Such statement shall be filed with said board not less than thirty days prior to the time established by law for the annual levying of taxes in such county.

title: 3. GOVERNMENT OF COUNTIES


text: The board of supervisors shall, each year at the same time and in the same manner as all other county taxes are levied, levy a special tax in such amount as will be clearly sufficient to produce the total amount shown in the statement filed with said board by the board of administration of the retirement plan.

title: 3. GOVERNMENT OF COUNTIES


text: In the event any municipal corporation has been included in said plan, as hereinbefore provided, then and in that event, said board of administration shall, not later than thirty days prior to the time established by law for the annual levying of municipal taxes, file with the legislative body of such municipal corporation a written statement showing the amounts necessary to be provided by such municipal corporation under said plan for the ensuing fiscal year.

title: 3. GOVERNMENT OF COUNTIES


text: The legislative body of the municipal corporation with whom such statement is filed shall, each year at the same time and in the same manner as all other municipal taxes are levied, levy a special tax in such amount as will be clearly sufficient to produce the total amount shown in the statement filed with said legislative body by the board of administration of the retirement plan. Such special tax shall be in addition to all other taxes authorized by law to be levied by said municipal corporation.

title: 3. GOVERNMENT OF COUNTIES


text: Notwithstanding Sections 24300 and 24304, the board of supervisors of any county may organize, pursuant to ordinance or charter, the delivery of health and human services for which county government is responsible under state law into departments that provide human assistance, human services, and medical systems. Any county board of supervisors which elects to so organize the delivery of health and human services may consolidate, integrate, and separate duties and functions of county offices, and organizational units within departments, to the extent deemed necessary by the board of supervisors, consistent with the provisions of this division.

history: (History: Added by Stats. 1992, Ch. 340, Sec. 1. Effective July 24, 1992.)

title: 3. GOVERNMENT OF COUNTIES

chapter: 1. Organization

path: 3. GOVERNMENT OF COUNTIES > 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES > 1. Organization


text:
All personnel, including the heads of units, within departments organized pursuant to this division and formed from units formerly within the county health, mental health, or welfare departments, shall possess the particular qualifications required by the Health and Safety Code or the Welfare and Institutions Code or the regulations enacted pursuant to either of those codes.

The county health department itself or the health related functions of the departments organized pursuant to this division may be under the direction of the health officer, or the board of supervisors may appoint personnel who possess qualifications, including standards of education and experience to assure competence, appropriate for the direction of the health department or the local administration of county health functions. The board of supervisors shall ensure that the final determination regarding issues of professional nursing practice shall be made by a person who is licensed as a registered nurse and certified as a public health nurse.

division: 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES

title: 3. GOVERNMENT OF COUNTIES


text: If the county health department or the administration of county health functions are not under the direction of the health officer, the county board of supervisors shall ensure that the health officer has sufficient authority and resources and the organizational structure does not impede the health officer from carrying out the duties required under Section 100575 of, Chapter 1 (commencing with Section 101000) of Part 3 of Division 101 of, Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101 of, Chapter 2 (commencing with Section 123150) of Part 1 of Division 106 of, and Sections 123740 and 123745 of, the Health and Safety Code.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 98. Effective September 29, 1996.)

title: 3. GOVERNMENT OF COUNTIES


text: This chapter does not permit the occupant of a consolidated, integrated, or separated office to practice any profession or trade for the practice of which a license, permit, or registration is required without a license, permit, or registration.

title: 3. GOVERNMENT OF COUNTIES


text: This division shall not be construed to affect any other statutory or regulatory provision governing county health, mental health, or welfare programs, however reorganized or renamed, except for the organizational requirements specified in Sections 33200 to 33202, inclusive.

title: 3. GOVERNMENT OF COUNTIES


text: Nothing in this division is intended to change the fiscal and reimbursement provisions for subaccounts for mental health, health services, and social services enacted by Chapter 89 of the Statutes of 1991.

title: 3. GOVERNMENT OF COUNTIES


text: As used in this title, “legislative body” means board of trustees, city council, or other governing body of a city.

history: (History: Added by Stats. 1949, Ch. 79.)

division: 1. CITIES GENERALLY

title: 4. GOVERNMENT OF CITIES

chapter: 1. General

article: 1. Definitions

path: 4. GOVERNMENT OF CITIES > 1. CITIES GENERALLY > 1. General > 1. Definitions


text: As used in this title, unless otherwise specifically provided, “board of supervisors” means the board of supervisors of the county within which the city or territory is situated.

title: 4. GOVERNMENT OF CITIES

article: 1. Definitions


text: As used in this title, “mayor” includes president of the legislative body.

title: 4. GOVERNMENT OF CITIES

article: 1. Definitions


text: The adoption of this title does not affect the organization of any city created or organized pursuant to any law repealed or superseded by this code.

title: 4. GOVERNMENT OF CITIES

article: 1. Definitions


text: Where any duty is imposed upon a municipal officer by any law of this State or any rule or regulation adopted under the authority of any such law the governing body of a city may, by ordinance, impose such duty or a portion thereof upon such other officer of such city as is charged under the charter of that city, or by applicable general law with the performance of duties of the same character in that city. A copy of any such ordinance as adopted shall be filed with the state officer or agency which has charge of the matter to which such duty pertains.

history: (History: Amended by Stats. 1957, Ch. 1893.)

title: 4. GOVERNMENT OF CITIES

article: 1. Definitions


text: Elections in cities organized pursuant to Division 2 (commencing with Section 34400), or its predecessors, shall be held pursuant to Chapter 3 (commencing with Section 9200) of Division 9 of the Elections Code, except as otherwise specifically provided.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 62. Effective January 1, 1995.)

title: 4. GOVERNMENT OF CITIES

article: 2. Elections

path: 4. GOVERNMENT OF CITIES > 1. CITIES GENERALLY > 1. General > 2. Elections


text:
The clerk of the legislative body conducting the proceeding shall record with the recorder of the county in which the city is located, an affidavit stating that all requirements of law pertaining to the proceeding have been complied with, if it relates to the change of name of a city.

The city shall not perform any official act, the validity of which depends upon such proceedings, until the affidavit of completion has been recorded.

history: (History: Amended by Stats. 1978, Ch. 76.)

title: 4. GOVERNMENT OF CITIES

article: 3. Affidavit of Completion

path: 4. GOVERNMENT OF CITIES > 1. CITIES GENERALLY > 1. General > 3. Affidavit of Completion


text:
Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy any city record, document, instrument, book, or paper, under the department head’s charge, without making a copy thereof, after the same is no longer required.

This section does not authorize the destruction of:

(a) Records affecting the title to real property or liens thereon.

(b) Court records.

(c) Records required to be kept by statute.

(d) Records less than two years old.

(e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.

This section shall not be construed as limiting or qualifying in any manner the authority provided in Section 34090.5 for the destruction of records, documents, instruments, books, and papers in accordance with the procedure therein prescribed.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 15. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 4. Miscellaneous

path: 4. GOVERNMENT OF CITIES > 1. CITIES GENERALLY > 1. General > 4. Miscellaneous


text:
Notwithstanding the provisions of Section 34090, the city officer having custody of public records, documents, instruments, books, and papers, may, without the approval of the legislative body or the written consent of the city attorney, cause to be destroyed any or all of the records, documents, instruments, books, and papers, if all of the following conditions are complied with:

(a) The record, paper, or document is photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data processing system, recorded on optical disk, reproduced on film or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with Section 12168.7 for recording of permanent records or nonpermanent records.

(b) The device used to reproduce the record, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document images.

(c) The photographs, microphotographs, or other reproductions on film, optical disk, or any other medium are made as accessible for public reference as the original records were.

(d) A true copy of archival quality of the film, optical disk, or any other medium reproductions shall be kept in a safe and separate place for security purposes.

However, no page of any record, paper, or document shall be destroyed if any page cannot be reproduced on film with full legibility. Every unreproducible page shall be permanently preserved in a manner that will afford easy reference.

For the purposes of this section, every reproduction shall be deemed to be an original record and a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a transcript, exemplification, or certified copy, as the case may be, of the original.

history: (History: Amended by Stats. 2000, Ch. 569, Sec. 8. Effective January 1, 2001.)

title: 4. GOVERNMENT OF CITIES

article: 4. Miscellaneous


text:
(a) Notwithstanding the provisions of Section 34090, the head of a department of a city or city and county, after one year, may destroy recordings of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the department. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved.

(b) For purposes of this section, “recordings of telephone and radio communications” means the routine daily recording of telephone communications to and from a city, city and county, or department, and all radio communications relating to the operations of the departments.

(c) For purposes of this section, “routine video monitoring” means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the departments described in subdivision (a), including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems.

(d) For purposes of this section, “department” includes a public safety communications center operated by the city or city and county.

history: (History: Amended by Stats. 2009, Ch. 88, Sec. 50. (AB 176) Effective January 1, 2010.)

title: 4. GOVERNMENT OF CITIES

article: 4. Miscellaneous


text:
Notwithstanding the provisions of Section 34090, the legislative body of a city may prescribe a procedure whereby duplicates of city records less than two years old may be destroyed if they are no longer required.

For purposes of this section, video recording media, including recordings of “routine video monitoring” pursuant to Section 34090.6, shall be considered duplicate records if the city keeps another record, such as written minutes or an audio recording, of the event that is recorded in the video medium. However, a video recording medium shall not be destroyed or erased pursuant to this section for a period of at least 90 days after occurrence of the event recorded thereon.

history: (History: Amended by Stats. 2009, Ch. 88, Sec. 51. (AB 176) Effective January 1, 2010.)

title: 4. GOVERNMENT OF CITIES

article: 4. Miscellaneous


text:
(a) When installing new security systems, a transit agency operated by a city or city and county shall only purchase and install equipment capable of storing recorded images for at least one year, unless all of the following conditions apply:

(1) The transit agency has made a diligent effort to identify a security system that is capable of storing recorded data for one year.

(2) The transit agency determines that the technology to store recorded data in an economically and technologically feasible manner for one year is not available.

(3) The transit agency purchases and installs the best available technology with respect to storage capacity that is both economically and technologically feasible at that time.

(b) Notwithstanding any other provision of law, video recordings or other recordings made by security systems operated as part of a public transit system shall be retained for one year, unless one of the following conditions applies:

(1) The video recordings or other recordings are evidence in any claim filed or any pending litigation, in which case the video recordings or other recordings shall be preserved until the claim or the pending litigation is resolved.

(2) The video recordings or other recordings recorded an event that was or is the subject of an incident report, in which case the video recordings or other recordings shall be preserved until the incident is resolved.

(3) The transit agency utilizes a security system that was purchased or installed prior to January 1, 2004, or that meets the requirements of subdivision (a), in which case the video recordings or other recordings shall be preserved for as long as the installed technology allows.

history: (History: Amended by Stats. 2009, Ch. 88, Sec. 52. (AB 176) Effective January 1, 2010.)

title: 4. GOVERNMENT OF CITIES

article: 4. Miscellaneous


text: If authorized by the legislative body, all actual and necessary expenses incurred in the drafting of a new city charter are city charges. The legislative body may make appropriations for such expenses.

title: 4. GOVERNMENT OF CITIES

article: 4. Miscellaneous


text: Whenever the legislative body finds that a name should be adopted and applied to any city street, or that the existing name of any city street should be changed, the legislative body may adopt a resolution designating a name for, or change the name of, such street.

history: (History: Added by Stats. 1957, Ch. 686.)

title: 4. GOVERNMENT OF CITIES

article: 4. Miscellaneous


text: Whenever the name of any street, boulevard, park, or place is adopted, established or changed, or any house numbers have been changed on any street, boulevard, park or place, by any city or other authority, the city clerk shall promptly forward a copy of the resolution, order, or other instrument providing for such new name or change of name or house number to the board of supervisors of the county within which such city is situated.

history: (History: Amended by Stats. 1955, Ch. 749.)

title: 4. GOVERNMENT OF CITIES

article: 4. Miscellaneous


text:
As used in this section, “petition” means any petition prescribed, by statute or city charter, as a necessary prerequisite to the institution of proceedings by the city, and includes, but is not limited to, initiative petitions, referendum petitions, recall petitions, petitions pertaining to the annexation of territory to a city, the consolidation of cities, or the dissolution of a city, and petitions to institute proceedings under an improvement act.

Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who, circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition, willfully misrepresents or willfully makes any false statement concerning the contents, purport, or effect of the petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for a signature.

Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who circulates or causes to be circulated any petition knowing it to contain false, forged, or fictitious names.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 16. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 4. Miscellaneous


text:
(a) Notwithstanding any other provision of law:

(1) The legislative body of a city shall not grant credit for service to an elective officer for service that the elective officer has not performed.

(2) The legislative body of a city shall not pay contributions for credit for service if an elective officer has not performed the service, regardless of the fact that the elected officer may personally elect to contribute for additional credit for service.

(b) The prohibition provided by this section does not preclude an elective officer from choosing to receive credit for service in a retirement system by paying his or her own contributions for that purpose pursuant to the applicable provisions of the retirement system.

history: (History: Added by Stats. 2006, Ch. 355, Sec. 5. Effective January 1, 2007.)

title: 4. GOVERNMENT OF CITIES

article: 4. Miscellaneous


text: Cities are classified as provided in this chapter.

history: (History: Repealed and added by Stats. 1955, Ch. 624.)

title: 4. GOVERNMENT OF CITIES

chapter: 2. Classification

path: 4. GOVERNMENT OF CITIES > 1. CITIES GENERALLY > 2. Classification


text: Cities organized under a charter shall be “chartered cities.”

title: 4. GOVERNMENT OF CITIES


text: Cities organized under the general law shall be “general law cities.”

title: 4. GOVERNMENT OF CITIES


text: The legislative body of any city organized or incorporated prior to noon on January 1, 1880, upon receiving a petition requesting the reorganization of the city, signed by not less than one-fifth of the qualified electors of the city as shown by the vote cast at the last municipal election, shall submit to the electors of the city at the next general election held in the city the question whether the city shall become organized pursuant to this chapter.

division: 2. ORGANIZATION AND BOUNDARIES

title: 4. GOVERNMENT OF CITIES

chapter: 1. Special Charter Cities

path: 4. GOVERNMENT OF CITIES > 2. ORGANIZATION AND BOUNDARIES > 1. Special Charter Cities


text: Notice of the election shall be given by publication in a newspaper printed and published in the city or if there is none, by printing and posting in at least four public places in the city, including the places where the election is to be held.

title: 4. GOVERNMENT OF CITIES


text: The notice shall be given for at least the four weeks prior to the election, and be made a part of the general election notice.

title: 4. GOVERNMENT OF CITIES


text: The notice shall distinctly state the proposition to be submitted and invite the electors to vote upon the proposition by placing upon their ballots “For reorganization,” or “against reorganization,” or equivalent words.

history: (History: Amended by Stats. 1955, Ch. 624.)

title: 4. GOVERNMENT OF CITIES


text: The votes shall be canvassed at the time and in the manner that other votes cast at the election are canvassed.

title: 4. GOVERNMENT OF CITIES


text: If a majority of all the electors voting at the election vote for reorganization, the legislative body, by an order entered upon the minutes, shall cause the clerk to transmit to the Secretary of State a certified abstract of the vote.

title: 4. GOVERNMENT OF CITIES


text: The abstract shall show the whole number of electors voting at the election, the number of votes cast for reorganization, and the number of votes cast against reorganization.

title: 4. GOVERNMENT OF CITIES


text: The legislative body shall immediately call a special election, to be held within six weeks, for the election of officers required to be elected.

title: 4. GOVERNMENT OF CITIES


text: The legislative body shall canvass the election, and declare and enter the result upon its journal.

title: 4. GOVERNMENT OF CITIES


text: From the date of the entry, the city is organized with the powers of general law cities.

title: 4. GOVERNMENT OF CITIES


text: Upon qualifying the officers shall enter upon the duties of their offices, and hold office until the next general municipal election held in the city and until their successors are elected and qualified.

title: 4. GOVERNMENT OF CITIES


text: Any city organized pursuant to this chapter is deemed for all purposes to be the identical corporation that existed before the reorganization.

title: 4. GOVERNMENT OF CITIES


text: Reorganization does not affect or impair the title to any property owned or held by the city or in trust for it, or any debts, demands, liabilities, or obligations existing in favor of or against the city, or any pending proceeding. Reorganization does not repeal or affect any ordinance remaining unrepealed, or discharge any person from any existing civil or criminal liability for the violation of any ordinance. Ordinances not in conflict with general laws remain in force until repealed or amended.

title: 4. GOVERNMENT OF CITIES


text: After reorganization proceedings previously commenced shall be conducted pursuant to general laws.

title: 4. GOVERNMENT OF CITIES


text: The provisions of Sections 34331 and 34332 apply to cities organized pursuant to this chapter.

title: 4. GOVERNMENT OF CITIES


text: Any city or city and county may enact, amend, or repeal a charter for its own government according to this article or Article 3 (commencing with Section 9255) of Chapter 3 of Division 9 of the Elections Code.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 63. Effective January 1, 1995.)

title: 4. GOVERNMENT OF CITIES

chapter: 2. City or City and County Charters

path: 4. GOVERNMENT OF CITIES > 2. ORGANIZATION AND BOUNDARIES > 2. City or City and County Charters


text: The charter may be proposed by a charter commission chosen by the voters of the city or city and county, at any general or special election, but no person shall be eligible as a candidate for the commission unless he or she is a registered voter of the city or city and county.

history: (History: Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)

title: 4. GOVERNMENT OF CITIES


text:
(a) An election for choosing charter commissioners may be called by a majority vote of the governing body of a city or city and county, or on presentation of a petition signed by not less than 15 percent of the registered voters of the city or city and county. The petition shall be verified by the authority having charge of the registration records of the city or city and county and the expenses of the verification shall be provided by the governing body thereof. The governing body shall call an election pursuant to Sections 1000 and 10403 of the Elections Code.

(b) If any vacancy arises in a charter commission established for a city or city and county pursuant to this chapter, the vacancy shall be filled by an appointment by the mayor of the city or city and county.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 64. Effective January 1, 1995.)

title: 4. GOVERNMENT OF CITIES


text: At an election the voters shall vote first on the question “Shall a charter commission be elected to propose a new charter?” and, secondly, for the candidates of the office of charter commissioner. If the first question receives a majority of the votes of the qualified voters voting thereon at the election, the 15 candidates for the office of charter commissioner receiving the highest number of votes shall forthwith organize as a charter commission. However, if the first question receives less than a majority of the votes of the qualified voters voting thereon at the election no charter commission shall be deemed to have been elected.

title: 4. GOVERNMENT OF CITIES


text: Candidates for the office of charter commissioner shall be nominated either in the same manner provided for the nomination of officers of the municipal or city and county government, or by petition substantially in the same manner provided by general laws for the nomination by petition of candidates for public offices to be voted for at general elections.

title: 4. GOVERNMENT OF CITIES


text: The charter commissioners shall propose a charter and may propose amendments to a charter, for the government of the city or city and county. The charter so prepared shall be signed by a majority of the charter commissioners and shall be filed in the office of the clerk of the governing body of the city or city and county.

title: 4. GOVERNMENT OF CITIES


text: In any city or city and county, the governing body shall cause copies of the charter to be printed in type of not less than 10-point. If the governing body causes copies of the proposed charter to be mailed to the voters, the text of the proposed charter may show the difference from existing provisions of law by the use of distinguishing type styles.

title: 4. GOVERNMENT OF CITIES


text: After the charter prepared by the charter commission has been filed in the office of the clerk of the governing body of the city or city and county pursuant to Section 34455, the proposed charter shall be submitted to the voters of the city or city and county at the next established statewide general election pursuant to Section 1200 of the Elections Code, provided there are at least 95 days before the election.

history: (History: Amended by Stats. 2013, Ch. 184, Sec. 4. (SB 311) Effective January 1, 2014.)

title: 4. GOVERNMENT OF CITIES


text:
(a) As an alternative to the procedure provided for in Sections 34450 to 34457, inclusive, the governing body of a city or city and county, on its own motion may propose or cause to be proposed, amend or cause to be amended, or repeal or cause to be repealed, a charter, and may submit the proposal for the adoption, amendment, or repeal thereof, to the voters at the next established statewide general election pursuant to Section 1200 of the Elections Code, provided there are at least 88 days before the election, or, for a proposal described in paragraph (2) of subdivision (a) of Section 1415 of the Elections Code, at an election specified in that paragraph.

(b) Prior to approving the submission to the voters of a proposal to adopt a charter, the governing body shall hold at least two public hearings on the matter of the proposal of a charter and the content of the proposed charter. Notice of the public hearings shall be given by publication pursuant to Section 6066, in a newspaper designated by the governing body and circulated throughout the city, and by posting the notice in three public places within the jurisdiction at least 21 calendar days prior to the date of each public hearing. The second public hearing shall be held at least 30 days after the first public hearing. At least one of the public hearings shall be held outside of normal business hours to facilitate public participation. The governing body shall not conduct a vote on whether to approve the submission to the voters of the proposal to adopt a charter until 21 days after the second public hearing.

history: (History: Amended by Stats. 2013, Ch. 184, Sec. 5. (SB 311) Effective January 1, 2014.)

title: 4. GOVERNMENT OF CITIES


text: A proposal to adopt or amend a charter, whether submitted to the voters pursuant to Section 34457 or 34458, shall include in the ballot description an enumeration of new city powers as a result of the adoption of the charter, including, but not limited to, whether the city council will, pursuant to an adopted charter, have the power to raise its own compensation and the compensation of other city officials without voter approval.

history: (History: Added by Stats. 2011, Ch. 692, Sec. 6. (AB 1344) Effective January 1, 2012.)

title: 4. GOVERNMENT OF CITIES


text: If the voters vote in favor of the charter proposal, amendment, or repeal, it shall be deemed to be ratified, but shall not take effect until accepted and filed by the Secretary of State pursuant to Section 34460.

title: 4. GOVERNMENT OF CITIES


text:
Three copies of the complete text of a charter proposal or of any amended or repealed section ratified by the voters of a city or city and county shall be certified and authenticated by the chairperson and the clerk of the governing body and attested by the city clerk, setting forth the submission of the charter to the voters of the city, and its ratification by them. One copy shall be recorded with the recorder of the county in which the city is located, and one filed in the archives of the city. In the case of a city and county, one copy shall be recorded with the recorder thereof, and one filed in the archives of the city and county. The third copy shall be filed with the Secretary of State. Each copy recorded with the recorder of the county or city and county and filed in the archives of the city or city and county shall be filed with the following:

(a) Certified copies of all publications and notices required of the city by this chapter or by the laws of this state in connection with the calling of an election to propose, amend, or repeal a city charter.

(b) Certified copies of any arguments for or against the charter proposal, amendment, or repeal that were mailed to voters pursuant to Sections 9281 and 13303 of the Elections Code.

(c) A certified abstract of the vote at the election at which the charter proposal, amendment, or repeal was approved by the voters.

history: (History: Amended by Stats. 2012, Ch. 330, Sec. 5. (SB 1090) Effective January 1, 2013.)

title: 4. GOVERNMENT OF CITIES


text:
A charter proposal, amendment, or repeal by the voters of a city or city and county and submitted to the Secretary of State in compliance with this chapter shall be accepted and filed by the Secretary of State. The charter proposal, amendment, or repeal shall be published in the statutes in a charter chapter series under the designation “Statutes of ____ (year), Charter Chapter ____. ” Under the chapter number, the date of the ratification election and the date of filing with the Secretary of State shall be indicated.

After a charter proposal, amendment, or repeal is accepted and filed by the Secretary of State, the courts shall take judicial notice thereof.

title: 4. GOVERNMENT OF CITIES


text:
(a) A charter commission established for a city and county pursuant to this chapter shall complete a proposed or amended charter and submit the charter to the voters of the city and county within two years of the date of the election of the charter commissioners, and at the expiration of that period is abolished.

(b) A charter commission may submit portions of the proposed or amended charter to the voters periodically.

title: 4. GOVERNMENT OF CITIES


text: The provisions of this chapter do not apply to chartered cities.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES

chapter: 3. Corporate Name

path: 4. GOVERNMENT OF CITIES > 2. ORGANIZATION AND BOUNDARIES > 3. Corporate Name


text: Every city organized pursuant to this part shall have a name, and by such name has perpetual succession, and may sue and be sued. It shall have a common seal, alterable at the pleasure of the legislative body.

title: 4. GOVERNMENT OF CITIES


text:
(a) Any person who uses or allows to be used any reproduction or facsimile of the seal of the city in any campaign literature or mass mailing, as defined in Section 82041.5, with intent to deceive the voters, is guilty of a misdemeanor.

(b) For purposes of this section, the use of a reproduction or facsimile of a seal in a manner that creates a misleading, erroneous, or false impression that the document is authorized by a public official is evidence of intent to deceive.

history: (History: Added by Stats. 2001, Ch. 387, Sec. 3. Effective January 1, 2002.)

title: 4. GOVERNMENT OF CITIES


text: The legislative body may, by ordinance adopted by a four-fifths vote of its members, change the name of the city. In the same manner, the legislative body may eliminate the word “city” from the corporate name and substitute the word “town” or eliminate the word “town” and substitute the word “city.”

history: (History: Added by Stats. 1985, Ch. 617, Sec. 10.)

title: 4. GOVERNMENT OF CITIES


text: Within 10 days of the effective date of an ordinance adopted pursuant to Section 34502, or within 10 days of the date the legislative body declares the vote on an ordinance passed by initiative or referendum, the city clerk shall file a copy of the ordinance with the Secretary of State, the board of supervisors of the county in which the city is located, and the local agency formation commission of the county in which the city is located.

history: (History: Repealed and added by Stats. 1985, Ch. 617, Sec. 12.)

title: 4. GOVERNMENT OF CITIES


text: If an ordinance proposed pursuant to Section 34502 fails passage by the legislative body or if the voters fail to confirm the ordinance, no ordinance changing the name of the city shall be considered for two years from the date of the vote of the legislative body or from the date of the election.

history: (History: Repealed and added by Stats. 1985, Ch. 617, Sec. 14.)

title: 4. GOVERNMENT OF CITIES


text:
An ordinance establishing a city manager form of government may be:

(a) Enacted by the legislative body; or

(b) Submitted to the electors by the legislative body at any municipal or special election; or

(c) Submitted by the people as an initiative measure.

title: 4. GOVERNMENT OF CITIES

chapter: 4. Alternative Forms of Government

article: 1. City Manager

path: 4. GOVERNMENT OF CITIES > 2. ORGANIZATION AND BOUNDARIES > 4. Alternative Forms of Government > 1. City Manager


text: The ordinance shall define the powers and duties of the city manager and may fix the city manager’s compensation or the minimum amount the city manager is to receive.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 17. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 1. City Manager


text: Where the ordinance is submitted by the legislative body, the proposition shall be printed on the ballots substantially as follows: “Shall Ordinance No. ____ providing for a city manager form of government be adopted?” followed by the words “yes” and “no,” so printed that the voters may express their choice.

history: (History: Amended by Stats. 1957, Ch. 838.)

title: 4. GOVERNMENT OF CITIES

article: 1. City Manager


text: If a majority of the votes cast at the election is in favor of the ordinance, it shall go into effect on the tenth day after the canvass of votes.

title: 4. GOVERNMENT OF CITIES

article: 1. City Manager


text: Within sixty days after the effective date of the ordinance, the legislative body shall appoint a city manager, who need not be a resident of the city at the time of appointment.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 18. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 1. City Manager


text: The city manager may appoint and dismiss the chief of police and other subordinate appointive officers and employees except the city attorney. When the offices of city clerk and city treasurer are made appointive, appointments to such offices shall be made by the city council unless the city council vests such appointing power in the city manager by ordinance.

history: (History: Amended by Stats. 1953, Ch. 491.)

title: 4. GOVERNMENT OF CITIES

article: 1. City Manager


text: Upon appointment of the city manager, the terms of subordinate officers over whom the city manager has power of appointment and removal cease, unless they are reappointed.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 19. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 1. City Manager


text: Any city adopting the city manager form of government may abolish it in the manner in which it was adopted.

title: 4. GOVERNMENT OF CITIES

article: 1. City Manager


text: All ordinances establishing a city manager form of government, enacted prior to September 19, 1947, are confirmed, validated, and declared legally effective.

title: 4. GOVERNMENT OF CITIES

article: 1. City Manager


text: This article applies only to cities.

history: (History: Repealed and added by Stats. 1970, Ch. 278.)

title: 4. GOVERNMENT OF CITIES

path: 4. GOVERNMENT OF CITIES > 2. ORGANIZATION AND BOUNDARIES > 4. Alternative Forms of Government > 2. Election of Legislative Body By or From Districts in Cities


text:
At any municipal election, or special election held for that purpose, the legislative body may submit to the registered voters an ordinance providing for the election of members of the legislative body in any of the following ways:

(a) By districts in five, seven, or nine districts.

(b) From districts in five, seven, or nine districts.

(c) By districts in four, six, or eight districts, with an elective mayor pursuant to Article 5 (commencing with Section 34900).

(d) From districts in four, six, or eight districts, with an elective mayor pursuant to Article 5 (commencing with Section 34900).

The term “by districts” as used in this article shall mean election of members of the legislative body by voters of the district alone. The term “from districts” shall mean election of members of the legislative body who are residents of the district from which they are elected by the voters of the entire city. “Geographical area making up the district” shall in the case of elections by district mean the district, and in the case of elections from districts shall mean the entire city except with respect to the residence requirements imposed by Section 34882.

That ordinance may also be qualified for the ballot by means of an initiative measure in accordance with Chapter 3 (commencing with Section 9200) of Division 9 of the Elections Code.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 68. Effective January 1, 1995.)

title: 4. GOVERNMENT OF CITIES

article: 2. Election of Legislative Body By or From Districts in Cities


text: An ordinance shall state the number of legislative districts and whether members of the legislative body shall be elected by districts, from districts, by districts with an elective mayor, or from districts with an elective mayor.

history: (History: Amended by Stats. 2016, Ch. 736, Sec. 1. (AB 278) Effective January 1, 2017.)

title: 4. GOVERNMENT OF CITIES


text: An ordinance enacted pursuant to this article may be amended or repealed in the same manner; provided, the term of office of any council member elected shall not be affected.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 7. (SB 894) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES


text:
(a) An amendatory ordinance altering the boundaries of the legislative districts established pursuant to this article shall not be submitted to the registered voters until the ordinance has been submitted to the planning commission of the city or, in absence of a planning commission, to the legislative body of said city for an examination as to the definiteness and certainty of the boundaries of the legislative districts proposed.

(b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21130 of the Elections Code.

history: (History: Amended by Stats. 2023, Ch. 343, Sec. 56. (AB 764) Effective January 1, 2024.)

title: 4. GOVERNMENT OF CITIES


text: The amendatory ordinance shall not be submitted to the voters if (a) one or more of the legislative districts do not close, (b) one or more entire legislative districts are eliminated prior to the termination of the term of office of the council member of or from the district, (c) the effect is that a greater number of council members will be qualified to hold office concurrently than are authorized by this article or the amendatory ordinance.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 8. (SB 894) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES


text: The planning commission of the city or, in absence of such body, the legislative body of the city shall make findings as to the matters set forth in Section 34875 by resolution within 90 days after submission of the amendatory ordinance to the city clerk. Failure to make findings shall be constituted as a finding of compliance with Section 34875.

title: 4. GOVERNMENT OF CITIES


text:
(a) (1) If an ordinance is submitted to the voters pursuant to Section 34871, there shall be printed on the ballots substantially as follows:

“Shall members of the legislative body of the City of ____ be elected by (or from) districts?”or, if applicable:

“Shall members of the legislative body of the City of ____ be elected by (or from) districts, and the Mayor of the City of ____ be elected on a citywide basis by the voters of the entire city?”

(2) To the right of or below the words describing the proposal pursuant to paragraph (1), the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the proposal. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption.

(b) If a majority of the voters voting on the proposed ordinance vote in its favor, members of the legislative body shall be elected in the manner approved by the voters beginning at the first election following approval of the district boundaries pursuant to Section 34877.5, and for which the election consolidation deadlines established in the Elections Code have not passed.

history: (History: Amended by Stats. 2025, Ch. 303, Sec. 16. (AB 1512) Effective January 1, 2026.)

title: 4. GOVERNMENT OF CITIES


text: The proposition of altering legislative districts shall be printed on the ballots substantially as follows: “Shall members of the legislative body of the City of ____ be elected by (or from) districts described in Ordinance No. ____?”or, if applicable:“Shall members of the legislative body of the City of ____ be elected by (or from) districts described in Ordinance No. ____, and the Mayor of the City of ____ be elected on a citywide basis by the voters of the entire city?”followed by the words “Yes” and “No,” so printed that the voters may express their choice.

history: (History: Amended by Stats. 2016, Ch. 736, Sec. 3. (AB 278) Effective January 1, 2017.)

title: 4. GOVERNMENT OF CITIES


text:
(a) After an ordinance is passed by the voters pursuant to Section 34876.5, or after an ordinance is enacted by the legislative body pursuant to Section 34886, the legislative body shall prepare a proposed map that describes the boundaries and numbers of the districts for the legislative body. In preparing the proposed map, the legislative body shall comply with the requirements and criteria of Section 21130 of the Elections Code and shall seek public input, including accepting proposed maps submitted by the public.

(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21150 of the Elections Code.

history: (History: Amended by Stats. 2023, Ch. 343, Sec. 57. (AB 764) Effective January 1, 2024.)

title: 4. GOVERNMENT OF CITIES


text: If a majority of the registered voters of the city, who vote, vote in favor of the ordinance, at the expiration of the terms of office of the members of the legislative body, or as provided by ordinance, members of the legislative body shall be elected by (or from) the districts described, or by or from districts with an elective mayor, and in the manner provided.

history: (History: Amended by Stats. 1978, Ch. 745.)

title: 4. GOVERNMENT OF CITIES


text: The term of office of members of the legislative body elected pursuant to the provisions of this article shall be four years, unless otherwise expressly provided.

title: 4. GOVERNMENT OF CITIES


text:
(a) If the petition or proposal developed by the commission for submission to the electorate for incorporation or special reorganization of a city provides for the election of members of the legislative body by (or from) districts and includes substantially the provisions required to be included in an ordinance providing for that election, including Section 34871, the members of the legislative body shall be elected in the manner provided in the petition or proposal.

(b) The members of the legislative body shall hold office until the next general municipal election. At the next general municipal election the members elected by or from the even-numbered districts shall hold office for four years and the members elected by or from the odd-numbered districts shall hold office for two years. Thereafter the term of office is four years.

history: (History: Amended by Stats. 2000, Ch. 761, Sec. 3. Effective January 1, 2001.)

title: 4. GOVERNMENT OF CITIES


text: One member of the legislative body shall be elected by or from each district, or, if applicable, one member of the legislative body shall be elected by or from each district constituting a geographical division of the city, and the mayor shall be elected on a citywide basis. With the possible exception as to the number of members of the legislative body, the officers of the city remain the same.

history: (History: Amended by Stats. 1975, Ch. 652.)

title: 4. GOVERNMENT OF CITIES


text: A person is not eligible to hold office as a member of a municipal legislative body unless he or she is otherwise qualified, resides in the district and both resided in the geographical area making up the district from which he or she is elected and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 69. Effective January 1, 1995.)

title: 4. GOVERNMENT OF CITIES


text: Registered voters signing nomination petitions or voting for a member of the legislative body shall be residents of the geographical area making up the district from which the member is to be elected.

title: 4. GOVERNMENT OF CITIES


text:
(a) If, at the time a vote is held on the subject of incorporation of a new city, a majority of the votes cast is for incorporation and, if, in accordance with Section 57116, a majority of the votes cast on the question of whether members of the city council in future elections are to be elected by district or at large is in favor of election by district, all of the following procedures apply:

(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21130 of the Elections Code.

(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.

(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years.

(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.

history: (History: Amended by Stats. 2023, Ch. 343, Sec. 58. (AB 764) Effective January 1, 2024.)

title: 4. GOVERNMENT OF CITIES


text: Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall comply with the requirements and criteria of Section 21130 of the Elections Code and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).

history: (History: Amended by Stats. 2023, Ch. 343, Sec. 59. (AB 764) Effective January 1, 2024.)

title: 4. GOVERNMENT OF CITIES


text: At any general municipal election, or at a special election held for that purpose, the city council may submit to the electors the question of whether electors shall thereafter elect a mayor and four city council members, and whether the mayor shall serve a two-year or four-year term. In cities presently having elected mayors, the city council may also submit to the electors the question of whether the mayor shall thereafter serve a two-year or a four-year term.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 9. (SB 894) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES

article: 3. Elective Mayor

path: 4. GOVERNMENT OF CITIES > 2. ORGANIZATION AND BOUNDARIES > 4. Alternative Forms of Government > 3. Elective Mayor


text: The questions shall be printed on the ballots used at the election in substantially the following form:“Shall the electors elect a mayor and four city council members?”“Shall the term of office of mayor be two years?”“Shall the term of office of mayor be four years?”The words “Yes” and “No” and “two years” and “four years” shall be so printed on the ballots that the voters may express their choice. The term of office of mayor shall be that preferred by a majority of those voting on the proposition.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 10. (SB 894) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES

article: 3. Elective Mayor


text:
(a) If a majority of the votes cast on the proposition is for it, the office of mayor shall thereafter be an elective office, except as provided in subdivision (b). At the next succeeding general municipal election held in the city, one of the offices of city councilperson, to be filled at the election, shall be designated as the office of mayor, to be filled at the election. The person elected at the election as mayor shall hold office from the Tuesday succeeding his or her election, and until his or her successor is elected and qualifies.

In the case of a vacancy in the office of the mayor for any reason, the council shall fill the vacancy by appointment. If the council fails to fill it within 60 days, it shall call an election to fill the vacancy to be held on the next established election date to be held not less than 114 days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent.

(b) After an office of elective mayor has been established, the city council may subsequently submit to the electors the question of whether or not to eliminate the elective office of mayor, pursuant to the procedures enumerated in this article, and thereby reestablish the procedure of selection of the mayor by the city council. If a majority of the votes cast on the proposition are in favor of the elimination of the office of elective mayor, the office shall be eliminated on the expiration date of the incumbent’s term, and on the date the procedure of selection of the mayor by the city council shall be reestablished.

history: (History: Amended by Stats. 2010, Ch. 38, Sec. 7. (AB 1668) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES

article: 3. Elective Mayor


text: The mayor is a member of the city council and has all of the powers and duties of a member of the city council.

history: (History: Added by Stats. 1959, Ch. 1571.)

title: 4. GOVERNMENT OF CITIES

article: 3. Elective Mayor


text: A person is not eligible to hold office as mayor unless he or she is at the time of assuming that office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 70. Effective January 1, 1995.)

title: 4. GOVERNMENT OF CITIES

article: 3. Elective Mayor


text: A mayor pro tempore shall be chosen in the manner provided by Section 36801.

title: 4. GOVERNMENT OF CITIES

article: 3. Elective Mayor


text: Notwithstanding Section 36503, if a city has an elected mayor and the election of the remaining members of the city council for four-year terms is not evenly staggered, the city council may, on a one-time basis only and prior to the first day for circulating nomination papers for the general municipal election, designate one of the city council offices appearing on the general municipal ballot, other than the office of the mayor, to serve a two-year term, or may provide that of the city council offices appearing on the general municipal ballot, other than the office of the mayor, the one which receives the least votes of those elected (or if there is a tie for such a position, as decided by lot) shall serve a two-year term. At all subsequent general municipal elections, each member of the city council elected at such election, other than the mayor if the mayor has a two-year term, shall be elected to serve a four-year term.

history: (History: Amended by Stats. 1980, Ch. 732.)

title: 4. GOVERNMENT OF CITIES

article: 3. Elective Mayor


text:
The government of a general law city is vested in:

(a) A city council of at least five members.

(b) A city clerk.

(c) A city treasurer.

(d) A chief of police.

(e) A fire chief.

(f) Any subordinate officers or employees provided by law.

history: (History: Amended by Stats. 2000, Ch. 506, Sec. 20. Effective January 1, 2001.)

division: 3. OFFICERS

part: 1. GENERAL

title: 4. GOVERNMENT OF CITIES

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 1. GENERAL


text: Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code

history: (History: Added by Stats. 2000, Ch. 886, Sec. 8. Effective January 1, 2001.)

title: 4. GOVERNMENT OF CITIES


text:
(a) A person is not eligible to hold office as councilmember, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code.

If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant.

(b) Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision.

history: (History: Amended by Stats. 1995, Ch. 432, Sec. 5. Effective January 1, 1996.)

title: 4. GOVERNMENT OF CITIES


text:
Notwithstanding the provisions of Section 36502, the city council of the City of Tustin may adopt by ordinance a proposal to limit the number of terms a member of the city council may serve on the city council without submitting the proposal to the electors of the city for approval, provided that a proposal containing those same provisions was submitted to the electors of the City of Tustin at a regularly scheduled election and a majority of the votes cast on the question favored the adoption of the proposal.

Any ordinance adopted pursuant to this section shall apply prospectively from the effective date of this section.

history: (History: Added by Stats. 1996, Ch. 310, Sec. 1. Effective January 1, 1997.)

title: 4. GOVERNMENT OF CITIES


text: Unless otherwise required by Section 57379, a general municipal election shall be held on a date prescribed by Section 1301 of the Elections Code. Except as otherwise provided in this title, all elective city offices shall be filled by the city electorate at a general municipal election. City officers holding elective city office shall hold office for their prescribed terms from the date of the installation of officers following adoption by the council of the official canvass of their election and until their successors are elected and qualified.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 70. Effective September 30, 1996.)

title: 4. GOVERNMENT OF CITIES


text: Notwithstanding any other provision of law, during the period commencing the day of a recall election pursuant to Division 11 (commencing with Section 11000) of the Elections Code, of an elective officer of a city, and ending upon certification of the election results pursuant to Division 15 (commencing with Section 15000) of the Elections Code, or, if the recall prevails, upon qualification of the successor declared elected pursuant to Section 11385 of the Elections Code, an elective officer sought to be recalled shall not expend, or participate in any action that would commit to expend, city funds.

history: (History: Added by Stats. 2006, Ch. 193, Sec. 1. Effective January 1, 2007.)

title: 4. GOVERNMENT OF CITIES


text: The city council shall appoint the chief of police. It may appoint a city attorney, a superintendent of streets, a civil engineer, and such other subordinate officers or employees as it deems necessary.

history: (History: Amended by Stats. 1951, Ch. 1553.)

title: 4. GOVERNMENT OF CITIES


text: By resolution or ordinance, the city council shall fix the compensation of all appointive officers and employees. Such officers and employees hold office during the pleasure of the city council.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES


text: Before entering upon his or her duties, each city officer shall take and file with the city clerk the constitutional oath of office, except that the councilmember elected at the incorporation election shall deposit his or her oath with the county elections official of the county wherein the city is located, to be held by him or her for delivery to the city clerk at the time as the city clerk officially assumes office.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 39. Effective January 1, 2003.)

title: 4. GOVERNMENT OF CITIES


text: At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers, or any of them except council members, shall be appointed by the city council; provided, however, that the city council shall not submit such question to the electors more often than once in an 11-month period.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 11. (SB 894) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES


text:
The question shall be printed on the ballots used at the election substantially in one of the following forms:

(a) “Shall the offices of city clerk and city treasurer be appointive?”; or

(b) “Shall the office of city clerk be appointive?”; or

(c) “Shall the office of city treasurer be appointive?”

The words “yes” and “no” shall be so printed on the ballots that the voters may express their choice.

history: (History: Amended by Stats. 1957, Ch. 765.)

title: 4. GOVERNMENT OF CITIES


text: If a majority of the votes cast on the proposition is for it, the city council shall appoint such officers at the expiration of the terms of the officers then in office, and on a vacancy in any such office. Such officers shall hold office during the pleasure of the city council and, notwithstanding Section 36502 to the contrary, are not required to be residents or electors in the city. The city council may by ordinance vest in the city manager its authority to appoint such officers.

history: (History: Amended by Stats. 1963, Ch. 509.)

title: 4. GOVERNMENT OF CITIES


text: The petition for incorporation of a city may provide for the appointment of the elective officers, or any of them except council members. If it does, a separate election upon the question need not be held, and upon incorporation the city council shall appoint those officers.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 12. (SB 894) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES


text:
(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.

history: (History: Amended by Stats. 2015, Ch. 185, Sec. 1. (AB 952) Effective January 1, 2016.)

title: 4. GOVERNMENT OF CITIES


text:
(a) If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.

(b) Notwithstanding subdivision (a), if a city council meets monthly or less frequently than monthly and a city councilmember is absent without permission from all regular city council meetings for 70 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.

history: (History: Amended by Stats. 1990, Ch. 1558, Sec. 2.)

title: 4. GOVERNMENT OF CITIES


text: City council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3.

history: (History: Amended by Stats. 2005, Ch. 700, Sec. 2. Effective January 1, 2006.)

title: 4. GOVERNMENT OF CITIES


text: The compensation of a city council member appointed or elected to fill a vacancy is the same as that payable to the member whose office was vacated.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 13. (SB 894) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES