The process for filling a vacancy on the City Council before the end of a term of office is set forth in California Government Code section 36512. Section 36512 requires the City Council, within 60 days from the date of the vacancy, to either fill the vacancy by appointment or call a special election. If the City Council calls a special election, it must be held on the next regularly established election date that is 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 City Council Member.
Pursuant to Government Code section 36512, if the City Council fills the vacancy by appointment, the person appointed to fill the vacancy holds office pursuant to one of the following, depending upon the timing of the vacancy:
- 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 holds office until the next general municipal election that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and until the person who is elected to fill the vacancy has been qualified. The person elected holds office for the unexpired balance of the term of office.
- 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.
Government Code section 36512(c) allows the City to enact an ordinance that does any of the following:
A. Requires that a special election be called immediately to fill every city council vacancy. The ordinance must 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.
B. Requires that a special election be held to fill a city council vacancy 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 ordinance may also call a special election, without waiting for the filing of a petition.
C. 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.
Pursuant to Government Code section 36937, an ordinance relating to an election takes effect immediately.
The City has previously enacted an ordinance pertaining to filling a vacancy on the City Council. In 1978, the City enacted Ordinance 372, which required the calling of a special election and provided that the person appointed to fill the vacancy held office only until the date of the special election. Thereafter, in 1995, the City enacted Ordinance 723, codifying the same process as part of the Rocklin Municipal Code at Section 2.04.010. In 2016, the City Council repealed that provision of the City Code, citing the preference for the procedure set forth in Government Code section 36512. The 2016 ordinance and supporting materials reflect a concern with the requirement to call a special election which was anticipated to present an unbudgeted cost of over $330,000.