Morro Bay Municipal Code Ch. 2.06 Mayor and Councilmembers

The electors shall elect a mayor and four councilmembers.

(Res. 78-74 § 4 (part), 1974)

(Ord. No. 573, 10-11-11)

The term of office of the mayor shall be for two years.

(Res. 78-74 § 4 (part), 1974)

(Ord. No. 573, 10-11-11)

A. Policy of Full Term Service. Election to public office in the city of Morro Bay creates a covenant to serve to the best of one's ability the full term of that office before seeking alternate public office. Without the enactment of the ordinance codified in this section when a councilmember in the middle of their term moves to an alternate office it also denies the citizens of Morro Bay the right to vote for the person who will fill the vacancy created by that move. If a councilmember wishes to run for alternate office before his or her term has expired he or she should resign from their seat so that the voters may elect their replacement in an orderly manner.

B. How Vacancies Filled. The city council shall immediately call a special election to fill any vacant seat on the council, including the mayor's seat. The special election shall be held on the next established election date, as specified in California Elections Code, which is not less than one hundred fourteen days from the call of the special election. The city council may appoint an elector who is a registered voter in the city of Morro Bay to fill such vacancy prior to the special election. The appointee shall hold office only until the date of said special election.

1. Mailed Ballots. Notwithstanding the provisions of subsection B, if the date of the special election otherwise required under subsection B would not be a consolidated election, the city council may designate the special election to be held by mailed ballot under the provisions of California Elections Code Section 4004 at the next available mailed ballot election date which is not less than one hundred fourteen days from the call of the special election.

C. Limitation of Councilmember Who Runs for Mayor Before Completing Regular Term. A sitting councilmember is disqualified from nomination for election to the office of mayor in the next election if the remainder of their council term after the next election cannot be filled by a vote of the electors on or prior to that election date.

D. Cost Reimbursement.

1. If the special election to fill a council vacancy occurs prior to the next general municipal election and the former councilmember whose seat was vacated causing that special election accepts nomination to run for the office of council or mayor in the next general municipal election, that former councilmember shall reimburse the city for city costs incurred as a result of said special election if the term of service for the seat previously vacated would have otherwise overlapped the term being sought.

2. Any mayor whose election to that office also created the premature vacancy of their council seat shall reimburse the city for city costs incurred in any future special election which must later be called to fill their prematurely vacated seat. As used in this subsection the term "future special election" means a special election that does not occur at the same time or prior to their election to the office of mayor.

E. Severability. If one or more of the provisions of this section should be held invalid the remaining provision or provisions shall remain in full force and effect.

(Ord. 527, 2006)

(Ord. No. 573, 10-11-11)