HomeMy WebLinkAbout2009-07-28; City Council; CS-044; Relating to vacancies in office...1
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ORDINANCE NO. CS-044
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE SECTIONS 2.04.030 and 2.06.080
VACANCIES-IN OFFICE
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows:
SECTION 1: That section 2.04.030 of the Carlsbad Municipal Code is amended to
read as follows:
2.04.030 Vacancies In Office
This section is adopted pursuant to Article XI section 5 of the California Constitution for
charter cities which provides plenary authority for the conduct of local elections. If a vacancy
occurs in an elected office of a member of the city council, the city clerk or city treasurer the
council shall, within sixty (60) days of the effective date of the vacancy, either fill the vacancy by
appointment or call a special election to fill the vacancy, provided, however, that when petitions
bearing ten percent of the verified signatures of registered voters are presented to the city clerk,
a special election shall be called. A person appointed by the council to fill a vacancy in such
circumstances, shall hold office until the date of the special election. The special election shall be
held on the next regularly established election date not less than one hundred fourteen (114)
days from the call of the special election. A person appointed, when no special election has been
called, or elected to fill a vacancy holds office for the unexpired term of the former incumbent.
If the council fails to fill the vacancy within sixty (60) days, it shall immediately call an
election to fill the vacancy, to be held on the next established election date not less than one
hundred fourteen (114) days thereafter.
SECTION 2: That section 2.06.080 of the Carlsbad Municipal Code is amended to read
as follows:
2.06.080 Vacancy in office.
In the case of a vacancy in the office of the mayor for any reason, the city council shall,
within sixty (60) days of the effective date of vacancy, either fill the vacancy by appointment or
call a special election to fill the vacancy, provided, however, that when petitions bearing ten
percent of the verified signatures of registered voters are presented to the city clerk, a special
election shall be called. If the city council fails to fill the vacancy within sixty (60) days, it shall
immediately call an election to fill the vacancy, to be held on the next established election date to
be held not less than one hundred fourteen days (114) thereafter. A person appointed or elected
to fill a vacancy shall hold office for the unexpired term of the former incumbent.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 21st day of July 2009, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 28th day of July 2009, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY:
1 £r3*<2g-.
RONALD R. BALL, City Attorney
LEWIS,1vlayor
ATTEST:
r
/IM/V00D, W Clerk
Karen R. Kundtz,
\'C^\ Assistant City Clerk