HomeMy WebLinkAbout2010-07-27; City Council; CS-100; AMENDING SECTION 2.04.030 OFFICE VACANCIES...1
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been created a vacancy in office; and
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WHEREAS, a special election to fill the vacancy in that office would be10
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ORDINANCE NO. CS-100
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIF
ADOPTING AN URGENCY ORDINANCE AMI
SECTION 2.04.030-VACANCIES IN OFFICE
WHEREAS, due to the untimely death of the City Treasurer, there has
expensive and unnecessary since a general election will be held on November 2,
2010; and
WHEREAS, it is necessary to amend Carlsbad Municipal Code section
14 2.04.030 on an urgency basis in order to modify the timing for the call of a special
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election; and
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
SECTION 1: That section 2.04.030 is amended to the Carlsbad
Municipal Code to read as follows:
21 2.04.030 Vacancies in office-
22 (a) This section is adopted pursuant to Article XI section 5 of the California
23 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 days of the effective date of the vacancy, either fill the vacancy
by appointment or call a special election to fill the vacancy, provided,
26 however, that when petitions bearing ten percent of the verified signatures
of registered voters are presented to the city clerk, a special election shall
27 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
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vacancy is filled by appointment by the City Council.
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special election shall be held on the next regularly established election date
not less than one hundred fourteen 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.
(b) If the council fails to fill the vacancy within sixty 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 days
(c) Notwithstanding anything herein to the contrary, when a vacancy occurs
in elected office prior to the close of the nomination period, the vacancy
shall be filled by the general election regardless of whether or not the
SECTION 2: It is necessary this ordinance take effect immediately in
order to eliminate the requirement of holding a special election when a general
election is already scheduled to fill an elected office.
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EFFECTIVE: This ordinance shall be effective immediately 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, PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the 27th day of July , 2010, by
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard & Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
* ^-^oft-
RONALD R. BALL, City Attorney
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ATTEST:
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