Pomona Municipal Code Art. IV Elective Officers

(a) Composition of Council. The elective officers of the City shall constitute a Council, consisting of a Mayor and six (6) other members, elected at the times and in the manner provided in this Charter.

(b) Council Terms. Except as provided in this Charter, the Mayor and the other members of the Council each shall serve for a term of four (4) years and until a successor qualifies. The elective term shall commence the first meeting in December of the year the member was elected or as soon as practical after election results are certified and the member is qualified to serve and is sworn into office.

(c) Mayor. Candidates for the office of Mayor shall be nominated from the City at large and the Mayor shall be elected by a vote of the electors of the City at large.

(d) Other Members of the Council. Each other member of the Council shall hold a separate office and one of such offices shall be assigned to each of the six (6) Council districts of the City. Candidates for each of these offices shall be nominated and elected by such district and shall be residents of such district.

(e) Council Elections Sequenced. The Mayor and the members of the Council of the first, fourth and sixth Council districts shall be elected commencing in the year 2000 and in each fourth year thereafter. The members of the Council of the second, third and fifth Council districts shall be elected commencing in the year 2002, and in each fourth year thereafter.

(a) No person may serve more than a combined total of three (3) consecutive terms of elective office for the City of Pomona, whether as Mayor or as a member of the Pomona City Council. The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, including any paper for the purpose of seeking election as a write-in candidate, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot, voter information guide or ballot label, the name of any person whose candidacy, if successful, will result in a new Mayoral or City Council term that exceeds the limits set forth herein.

(b) For purposes of this Section, "term" shall mean the following:

(1) Any full four-year term of service for which a person was nominated, including as a write-in candidate, and to which he or she was elected to office at any Municipal Primary or General Election, occurring on or after November 8, 2022, and which was completely served by the person until the term's scheduled expiration;

(2) Any full four-year term of service to which a person was appointed by the City Council in lieu of a Municipal Election, pursuant to California Elections Code Section 10229 or similar law, occurring on or after November 8, 2022, and which was completely served by the person until the term's scheduled expiration;

(3) Any full four-year term of service described in paragraphs (1) and (2) above, which was not completely served by the person, but which terminated prior to the scheduled expiration of the term due to any of the following:

(A) The officer's seat is lawfully declared vacant during that term for any reason other than resignation;

(B) The officer is lawfully recalled from office by the voters during that term;

(C) The officer has legally forfeited his or her elected office under applicable Federal or State law during that term; or

(D) If the officer vacates his or her office due to resignation:

(i) If the resignation occurs with more than two (2) years remaining in his or her current term, this shall not count as a "term" against the three-term limit.

(ii) If the resignation occurs with two (2) years or less remaining in his or her current term, this shall count as a "term" against the three-term limit.

(c) For purposes of this Section, "term" shall not mean any of the following:

(1) Any full four-year term of service for which a person was nominated, including as a write-in candidate, and to which he or she was elected to office at any Municipal Primary or General Election, occurring prior to November 8, 2022; or

(2) Any full four-year term of service to which a person was appointed by the City Council in lieu of a Municipal Election, pursuant to California Elections Code Section 10229 or any similar law, occurring prior to November 8, 2022; or

(3) Any partial term to which a person has been specially elected or appointed to the office of Mayor or City Council to fill a mid-term vacancy, pursuant to City Charter Section 403.

(d) No person who has already served a combined total of three (3) consecutive terms of elective office for the City of Pomona, whether as Mayor or as a member of the City Council, shall again be eligible for election to either office until not less than four (4) years have passed or will have passed between his or her prior service and new service as Mayor or as a member of the City Council.

(e) Notwithstanding paragraph (c)(3) above, no person who has already served a combined total of three (3) consecutive terms of elective office for the City of Pomona, whether as Mayor or as a member of the City Council, may be appointed to serve as Mayor or on the City Council, whether said appointment is in lieu of a Municipal Election, pursuant to California Elections Code Section 10229, or to fill a vacancy on the City Council pursuant to City Charter Section 403, until not less than four (4) years have passed or will have passed between his or her prior service and new service as Mayor or as a member of the City Council.

(f) Notwithstanding paragraph (c)(3) above, no person who has already served a combined total of three (3) consecutive terms of elective office for the City of Pomona, whether as Mayor or as a member of the City Council, may run for special election to fill a vacancy in the office of Mayor or the City Council pursuant to City Charter Section 403, until not less than four (4) years have passed or will have passed between his or her prior service and new service as Mayor or as a member of the City Council."

(a) Residency Requirement. To be eligible to hold the office of Mayor or other member of the City Council, a person must be a citizen of the United States, and must be a qualified elector of the City. Each member of the City Council, excluding the Mayor, must also be a resident of the Council district from which the member is nominated and elected. In the event any member of the City Council shall cease to be a resident of the district from which the member was nominated and elected or, in the case of an appointed member, he or she shall cease to be a resident of the district which the member was appointed to represent on the City Council, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies.

(b) Change of District Boundaries. Notwithstanding subsection (a), if a member of the Council ceases to be a resident of the district from which the member was nominated and elected solely because of a change in the boundaries of his or her district as provided in this Charter, the member shall not lose office during that term by reason of such change.

(c) Resign to Run for Mayor.

(1) If any current City Council member, whether elected or appointed to that office, shall file nomination papers with the City Clerk to become a candidate for Mayor in either (i) the next municipal direct primary election, or (ii) the next general municipal election, if the City does not have a municipal direct primary election, and the new Mayoral term will begin before the City Council member's current elected or appointed term ends, that City Councilmember shall automatically resign his or her current City Council office, with deferred effect, as provided herein.

(2) A City Council member's automatic resignation under this section shall be irrevocable upon the filing of nomination papers to become a candidate for Mayor at the next municipal direct primary or general election, whichever is applicable. However, a Councilmember who automatically resigns may continue to serve on the City Council until the results of the next municipal general election have been certified by the City Council. The City Council member will then either be sworn into office as Mayor (if he or she won the Mayoral election) or shall immediately cease to be a member of the City Council (if he or she lost the Mayoral election or ceased running for that office prior to the election).

(3) Once a current City Council member subject to this section files nomination papers to become a candidate for Mayor at the next municipal direct primary or general election, whichever is applicable, his or her City Council office shall be immediately declared vacant by resignation and the City Council shall fill the City Council office by special municipal election. Notwithstanding any provision of Section 403 to the contrary, if the City has a local direct primary election, the special municipal election shall be held on the same date as the City's next scheduled general municipal election for City Council members. If the City does not have a municipal direct primary election, the special municipal election shall be held on the next available date prescribed by this Charter and applicable provisions of the California Elections Code. Once the results of the special municipal election are certified by the City Council, the winning candidate shall assume office for the remainder of the current City Council term.

(4) This section shall not apply to any current City Council member who files nomination papers with the City Clerk to become a candidate for Mayor in a special municipal election to fill a vacancy in that office. A vacancy in the office of Mayor shall be filled as otherwise provided in this Charter."

(a) Events of Vacancy. The office of Mayor or a Councilmember shall become vacant upon the person's death, resignation, removal from office, forfeiture of office or for any other reason set forth in this Charter, California Government Code Section 1770, or any successor statute.

(b) Filling of Vacancies. Except as otherwise provided in this Charter, if a vacancy occurs, the City Council shall, within sixty (60) days from the commencement of the vacancy, fill the vacancy either by appointment or by calling a special election, as provided in California Government Code Section 36512 or any successor statute. The Council may, by a majority vote of all its remaining members, appoint a qualified person to fill the vacancy.

(1) If the Council fails to appoint or call a special election within sixty (60) days from the commencement of the vacancy, the City Clerk shall call a special election to fill the vacancy, to be held not sooner than one hundred fourteen (114) days after the call of the election.

(2) Notwithstanding the requirement in Section 507, if at any time the membership of the Council is reduced to less than four (4) due to vacancies, the remaining members shall by majority action appoint additional members to raise the membership to seven (7), who shall serve until their offices are filled by general or special election to be held at the earliest time allowed by law that is not sooner than one hundred fourteen (114) days after the call of the election.

(3) A person appointed to fill a vacancy may not seek election to that office at the next general or special election.

(c) Vacancy Pending Recall Proceedings. Notwithstanding the above, if the Mayor or another Councilmember resigns while subject to a recall election, the office shall not be filled by appointment but shall remain vacant until filled by a recall election called for that purpose pursuant to the California Elections Code. If the Mayor or another Councilmember is removed from office by a recall election, the office shall be filled immediately by the person who was elected to fill that office by the recall election and that person shall serve for the remaining term of that office. For purposes of this Section, an elected officer is "subject to a recall election" if a valid recall petition has been filed with the City Clerk against that elected officer and determined by the City Clerk and/or the Los Angeles County Elections Official to contain the minimum required number of Pomona voters' signatures and to be otherwise legally sufficient under the California Elections Code to qualify the question of recalling the elected officer for placement on the ballot, even if the recall election hasn't yet been officially ordered.

(d) Temporary City Council. If all seats on the Council are vacant the seats shall be filled by the members of the Planning Commission, as temporary members of the Council. A Mayor shall be elected by that temporary Council from among the then-existing members. The positions of Mayor and other Councilmembers shall be filled by a special election that shall be called at the earliest time allowed by law that is not sooner than one hundred fourteen (114) days after the call of the election.

(e) Vacancy Occurring Between Local Primary and General Election. Notwithstanding the above, if a position for the office of Mayor or City Councilmember has already been subject to a local primary election pursuant to this Charter, but a general election either has not or will not occur for that position, the following shall apply in case the incumbent elected officer vacates that position:

(1) If a candidate has secured majority voter approval in the local primary election for that position such that a general run-off election for that position is not required, the Council shall appoint the winning candidate to fill the vacancy for the remainder of the vacating incumbent's term. Once the vacating incumbent's term expires, the winning candidate shall then be sworn in to serve the newly elected term to which the winning candidate was elected at the local primary election.

(2) If no candidate has secured majority voter approval in the local primary election for that position such that a general run-off election for that position will be required, the Council shall not appoint a person to fill the vacancy for the remainder of the vacating incumbent's term. The seat shall remain vacant until filled by the winning candidate at the general run-off election.

(a) Compensation. Compensation for the members of the City Council shall be established by ordinance in accordance with provisions of Section 36516(a) of the State of California Government Code as such provisions now exist or thereafter may be amended, except that the Mayor's compensation shall be twice that of the other Councilmembers. But no reduction in compensation for any such office shall affect the compensation of any person who holds the office at the time such question is voted upon, during the remainder of the Councilmember's existing term of office. Compensation of the Mayor and Councilmembers may be increased each calendar year by an amount equal to the inflationary change listed in the Consumer Price Index (CPI-U) for the metropolitan Los Angeles-Long Beach-Anaheim area published annually by the United States Bureau of Labor Statistics. If the Consumer Price Index changes, the index, and area most applicable to the City of Pomona shall be used.

(b) Expenses. The Councilmembers shall be entitled to reimbursement for their necessary expenses incurred in the performance of their official duties in connection with authorized city business. The maximum expense that a Councilmember or the Mayor can incur during a year of their term shall be the amounts in effect at the time this section becomes effective, adjusted annually for inflation based upon the Consumer Price Index (CPI-U) for the Los Angeles-Long Beach-Anaheim area. If the Consumer Price Index changes, the index, and area most applicable to the City of Pomona shall be used. The expense reimbursement se amounts may be changed by majority vote of the electors of the City voting on such change at any City election at which the question of such change may be submitted by the Council or pursuant to the power of initiative.

(c) Expense Reports. Councilmembers shall submit all receipts from each transaction and also monthly expense reports listing the date of the transaction, vendor, cost, description of the item or service purchased and purpose of the purchase. The receipts and expense reports for each preceding month shall be due no later than by the end of the business day of the last day of the month following the expenditure.

If any member of the Council is absent from all regular meetings of the Council for sixty (60) consecutive days from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as set forth in Section 403. With the consent of a majority of a quorum of the Council entered in its minutes, any member may be absent from all regular meetings for a longer duration. Such absence may be excused for any good and sufficient reason including, but not limited to, official City business, physical injury or incapacitation, or family need.

The Mayor, in addition to the powers and duties prescribed elsewhere in this Charter, shall have the power and duty:

(a) To report to the Council on the affairs of the City and to recommend for its consideration such matters as may be deemed of current and on-going concern.

(b) To report to the citizens the policies, programs and needs of City government and inform the people of any major change in those policies or programs.

(c) To be the official head of the City for all ceremonial purposes.

(d) To exercise and perform such other powers and duties as may be delegated to or required by this Charter or by the Council if not inconsistent with the provisions of this Charter.