Irvine Municipal Code Ch. 2 Filling Vacancies

Unless expressly defined herein, the definitions of words and phrases used in this chapter shall be as defined in the California Elections Code.

(Code 1976, § I.B-200; Ord. No. 93-13, § 1, 10-12-93)

A. If a vacancy occurs on the City Council, the City Council shall, within 60 days from the commencement of the vacancy, make an appointment to fill the vacancy.

B. The voters of the City may, by petition, require that any vacancy on the City Council be filled only by election. If such a petition, complying with the requirements of this chapter, is (i) signed by not less than seven percent of the voters of the City according to the County Registrar's last official report of registration to the Secretary of State, (ii) filed with the City Clerk on or before 5:00 p.m. on the 30th day following the posting of the notice of vacancy on the City Council pursuant to Section 1-2-204, and (iii) certified as adequate by the City Clerk pursuant to Section 1-2-209, then the City Council shall order a special election to fill the vacancy. If the City Council fails to fill the vacancy within 60 days after the commencement of such vacancy, the City Council shall call a special election to fill the remainder of the unexpired term.

C. If the City Council calls a special election pursuant to this section, the election shall be called and scheduled on the first available Tuesday that the City Council determines in its discretion to be appropriate, but the election date shall be at least 114 days from the date on which the City Council calls the election. The election date shall not be the day before, the day of, or the day after a City holiday.

(Code 1976, § I.B-201; Ord. No. 93-13, § 1, 10-12-93; Ord. No. 19-01, § 2, 2-12-19)

A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent.

(Code 1976, § I.B-202; Ord. No. 93-13, § 1, 10-12-93)

Immediately upon the determination that there is a vacancy on the City Council, the City Clerk shall post notices at all places within the City for the posting of public notices, setting forth a summary of the provisions of this chapter and the date and time by which petitions hereunder must be filed with the City Clerk.

(Code 1976, § I.B-203; Ord. No. 93-13, § 1, 10-12-93)

The petition required by the provisions of this chapter shall consist of the following:

A. The following statement:

"WHEREAS, Title I, Division 2, Chapter 2, of the Irvine City Code provides that the registered voters of the City may petition the City Council to require the filling of a vacancy on the City Council by election"; and

"WHEREAS, the undersigned is aware of the fact that prior to such election and the canvassing of the returns thereof said office shall remain vacant;"

"NOW, THEREFORE, the undersigned petitioners hereby petition the City Council of the City of Irvine pursuant to Title 1, Division 2, Chapter 2 of the Irvine City Code to require an election to fill the vacancy on the City Council."

B. Signature lines with designated spaces immediately adjacent thereto for the signer's printed name, and place of residence, giving street and number, and if no street or number exists, then a designation of the place of residence which will enable the location to be readily ascertained.

C. A prominent statement in bold type at the bottom of each page clearly specifying that only currently registered voters with a residence address within the City of Irvine may sign.

D. A space at least one inch wide shall be left blank after each name space for the use of the City Clerk in verifying the petitions.

E. The part of a petition for the voters' signatures, printed names and residence addresses and the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially as follows:

Proponents may commence to circulate the petition among the voters of the City for signatures by any registered voter of the City after the City Clerk has posted the notice of vacancy pursuant to this chapter.

(Code 1976, § I.B-204; Ord. No. 93-13, § 1, 10-12-93)

Any voter who has signed the petition shall have his or her signature withdrawn from such petition upon filing a written request therefor with the City Clerk prior to the day the petition is filed.

(Code 1976, § I.B-205; Ord. No. 93-13, § 1, 10-12-93)

A. Before any petition may be accepted by the City Clerk for filing under the provisions of this chapter, the petition, or each separate section thereof, shall have attached to it an affidavit signed by a voter of the City which shall state according to the best information and belief of the affiant, the following:

1. That each signature appearing on each section of the petition is the genuine signature of the person whose name it purports to be;

2. That each signer of the petition or section thereof, was, at the time of placing such signature on the petition, a registered qualified voter of the City;

3. That the affiant personally observed each signer placing thereon his or her signature, the date thereof, and his or her residence address, by street and number, or if no street or number exists, then a designation of such place of residence which will enable its location to be easily ascertained;

4. The dates between which the affiant personally collected the signatures affixed to the petition, or each separate section thereof;

5. That the affiant has complied with all laws and rules of any government entity with jurisdiction in circulating the petition and obtaining signatures thereon.

B. Such affidavit shall be in substantially the following form:

"I, ___________, residing at ___________, a registered voter of the City of Irvine, circulated the foregoing petition and personally saw all of the signatures appended thereto along with the residence addresses and dates of signing. To the best of my knowledge and belief they are the signatures of the persons whose names they purport to be and each signatory on the foregoing petition, at the time of signing, was a currently registered voter with a residence address within the City of Irvine.

"The signatures were obtained between ________ 20___ and ________ 20___ I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

"In circulating the foregoing petition and collecting the signatures thereon, I have complied with all laws, rules, and regulations of any governmental entity with jurisdiction over this matter.

"Executed by me at ___________ California, this ___ day of ________ 20___."

(Code 1976, § I.B-206; Ord. No. 93-13, § 1, 10-12-93)

Upon filing of the petition, the Clerk shall ascertain whether the number of signatures equals or is in excess of the minimum number of signatures required by this chapter, disregarding signatures which are not the genuine signatures of the persons whose name the same purport to be, signatures of persons who are not in fact registered qualified voters of the City on the date of the filing of the petition and signatures which do not bear in immediate proximity thereto a street address as hereinabove described. The City Clerk shall examine and verify the signatures in accordance with the procedures set forth in Elections Code § 9211, as amended from time-to-time. The City Clerk shall report as to the sufficiency of the petition and the number of signatures thereon at a meeting of the City Council conducted during the 30-day period following the final date for the filing of petitions under this chapter.

(Code 1976, § I.B-207; Ord. No. 93-13, § 1, 10-12-93)

All sections of the petition shall be filed with the City Clerk at one time during normal office hours and no petition section or page submitted subsequently shall be accepted by the City Clerk.

(Code 1976, § I.B-208; Ord. No. 93-13, § 1, 10-12-93)

Pursuant to Government Code § 6253.5, the petition is not a public record. All petitions filed pursuant to this chapter shall be retained and destroyed in accordance with the procedures set forth in Elections Code § 17200, as amended from time-to-time.

(Code 1976, § I.B-209; Ord. No. 93-13, § 1, 10-12-93)

A. Should the Office of Mayor become vacant during his or her term of office, the Vice Mayor shall become the Mayor for the remainder of the mayoral term. If the Vice Mayor declines to become Mayor in a written statement filed with the Clerk within seven days after the declaration of the vacancy in the Office of Mayor, then the City Council may fill the Mayoral vacancy for the remainder of the mayoral term by appointing to the Office of Mayor a member of the City Council that is willing to serve in that capacity.

B. Any resulting vacancy on the City Council shall be filled as prescribed by ordinance of the City Council. A City Council member who becomes Mayor in this instance would forfeit any time remaining in his or her City Council term beyond the term of the Office of Mayor to which he or she is appointed.

C. If the City Council fails to fill a vacancy in the Office of Mayor, then within 60 days after the declaration of such vacancy, the City Council shall call an election on the first available Tuesday that the City Council determines in its discretion to be appropriate, but the election date shall be at least 114 days from the date on which the City Council calls the election. The election date shall not be the day before, the day of, or the day after a City holiday. A person elected to fill a vacancy in the Office of Mayor shall hold office for the unexpired term of the former incumbent Mayor.

D. If a vacancy in the Office of Mayor occurs after the election of a new Mayor, but before the assumption of office of a new Mayor, then the new Mayor may elect to fill the vacancy for the remainder of the Mayoral term. If the new Mayor does not do so, then the City Council may elect not to fill the vacancy, in which case the Vice Mayor shall discharge the duties and responsibilities of the Office of Mayor until the assumption of office by the new Mayor.

(Code 1976, § I.B-210; Ord. No. 93-13, § 1, 10-12-93; Ord. No. 17-02, § 1, 3-14-17; Ord. No. 19-01, § 2, 2-12-19; Ord. No. 20-02, § 3, 2-11-20)