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AB-33 County board of supervisors: vacancy: appointment.(2011-2012)

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AB33:v97#DOCUMENT

Amended  IN  Assembly  April 05, 2011
Amended  IN  Assembly  March 08, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 33


Introduced  by  Assembly Member Jeffries
(Coauthor(s): Assembly Member Cook, Harkey, Nestande, Silva)

December 06, 2010


An act to amend Section 25060 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 33, as amended, Jeffries. County board of supervisors: vacancy: appointment.
Existing law requires the Governor to fill a vacancy on any county board of supervisors.
This bill would require the Governor to fill the vacancy or authorize the board of supervisors to fill the vacancy within 90 180 days, and if the Governor fails to act within 90 180 days, the bill would authorize the board of supervisors, within the next 90 days, to appoint an individual to fill the vacancy, call a special election to fill the vacancy, or leave the vacancy open until the next regularly scheduled general election, as provided. The bill would provide that if the Governor and board of supervisors both fail to act, then the vacancy shall remain open until the next regular election at which time a successor may be elected.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25060 of the Government Code is amended to read:

25060.
 (a) Whenever a vacancy occurs in any board of supervisors, the Governor shall fill the vacancy, within 90 180 days, fill the vacancy or authorize the board of supervisors to fill the vacancy.
(b) If the Governor fails to act within 90 180 days pursuant to subdivision (a), the board of supervisors shall, within 90 days, do one of the following:
(1) Appoint an individual, by vote of a quorum of the board, to fill the vacancy.
(2) Vote, by a quorum of the board, to call a special election to fill the vacancy.
(3) Vote, by a quorum of the board, to leave the seat vacant until the next regularly scheduled election.
(c) If the Governor fails to act within 90 180 days pursuant to subdivision (a), and the board of supervisors fails to act within 90 days pursuant to subdivision (b), then the vacancy shall remain open until the next regular election at which time a successor may be elected.
(d) Any person appointed or elected shall hold office until the election and qualification of his or her successor pursuant to Section 25061.