HomeMy WebLinkAbout1411 - ORDINANCES - 4/15/1992 ORDINANCE NO. 1411
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 2 . 04 . 070 TO THE
PALM SPRINGS MUNICIPAL CODE AUTHORIZING THE
CITY TO FILL COUNCIL VACANCIES BY SPECIAL
ELECTION AND THE APPOINTMENT OF AN INTERIM
MEMBER
WHEREAS, it is in the best interest of the City for the
City Council to exercise its decision-making powers with the
participation of five ( 5 ) Councilmembers whenever possible; and
WHEREAS, the situation has arisen in the past, and may
arise in the future, where a City Council seat becomes vacant
before the expiration of the term of office; and
WHEREAS, pursuant to California Government Code Section
36512, the Council now has the authority to fill a Council
vacancy by appointment or by calling a special election; and
WHEREAS, State law further authorizes a city council, by
ordinance, to fill Council vacancies by calling a special
election and at the same time appointing an interim member to
fill the vacancy only until the date of the special election ;
and
WHEREAS, the City Council finds it desirable to afford the
City the option of filling Council vacancies by special election
with the appointment of an interim member .
NOW, THEREFORE, the City Council of the City of Palm
Springs DOES ORDAIN as follows:
Section 1 . Section 2 . 04 . 070 is hereby added to the Palm
Springs Municipal Code to read as follows:
"2 . 04. 070 Filling Council Vacancies ;
Interim Appointments . The city council may
fill vacancies in its membership by
appointment or by special election, as
provided by State law. In addition, in
calling a special election, pursuant to
Government Code Section 36512 . 2, the city
council may make an interim appointment to
fill the vacancy until the date of the
special election. Where an interim
appointment is to be made, the city council
shall follow the provisions of this section.
The council, no later than 30 days after the
date of commencement of a vacancy, shall
call a special election to fill the vacancy.
The person elected at the special election
shall fill the term of the former incumbent.
The council shall also, at the same time it
calls the special election, appoint a person
to fill the vacancy on an interim basis
until the date of the special election and
their successor is elected and qualified.
Any special election under this section may
be held on the date of the next regularly
ORDINANCE NO, 1411
PAGE 2
scheduled election to be held throughout the
city not less than 90 days from the call. of
the special election, unless such an
election date ,Falls more than 270 days from
the call of the special election, in which
case the spacial election shall be held on
the next regularly established election date
set forth in Election Code Section 2500 that
is not less than 90 days from the call of
the special. election. "
Section 2 . Effective Date. Pursuant to Government Code
Section 3693 .7 (a) , this ordinance "relates to an election" and
hence shall take full force and effect: immediately upon its
adoption by the City Council.
Section 3. Publication. The City Clerk of the City of
Palm Springs shall certify to the passage and adoption of this
ordinance and shall cause the same to be posted and published in
the manner required by law.
ADOPTED this 15th day of Agri 1 �, 19 92 .
AYES: Councilmembers Hodges, Neel , and Niayor Bono
NOES: None
ABSENT: None
ABSTAIN: Councilmember Broich
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
t. ' City Cleric �� Mayor
REVIEWED & APPROVED:
7/340/014034-0001/064
I HEREBY CERTIFY THAT the foregoing Ordinance 1411 was adopted
in a meeting held on the 15th day of April , 1992, by the City
Council of the City of Palm Springs, California, and that same
was duly published in the DESERT SUN, a newspaper of general
circulation on April 22, 1992.
dUDITH SUMICH
l City Clerk