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(a) For purposes of Section 207(f), an elected office and the office of Chief of Police become vacant when, in a quo warranto action or other applicable proceeding as may be established by state law, a court has found that:
(1) the incumbent is physically or mentally incapacitated due to illness, injury or other reason such that he or she cannot perform the duties of the office;
(2) the incumbent was so incapacitated for at least 90 consecutive days prior to the filing of the application with the Office of the California Attorney General for leave to sue in quo warranto or, if the application was not legally required, any other act commencing litigation under this subsection; and
(3) there is reasonable cause to believe that the incumbent will not be able to perform the duties of the office for the remainder of the term of office.
(b) If the City Clerk, after investigation, has reason to believe that all of the conditions set forth in subsection (a) exist, the City Clerk, on behalf of the City, shall initiate, or cause to be initiated, litigation by filing an application for leave to sue in quo warranto with the Office of the California Attorney General or by following any other applicable procedure as may be established by state law. Litigation under this section, in quo warranto or as otherwise provided by state law, may also be brought by any person authorized to do so by state law.
All elected officials of the City are expected to conform to the highest standards of personal and professional conduct. The Council shall have the power to adopt, by a two-thirds vote, a resolution of censure with respect to any member of the Council whose actions constitute a gross failure to meet such high standards, even if the action does not constitute a ground for removal from office under the Charter.
The City Controller, City Attorney, Treasurer, City Clerk and City Administrative Officer shall each designate an assistant or deputy, who shall become the acting incumbent in case of any vacancy in the office. The designation of acting incumbent shall be made in writing filed with the City Clerk, and may be changed from time to time. Upon a vacancy, the acting incumbent shall serve until the office is filled in accordance with Sections 409, 508(b) or 508(c). Any person so designated must possess the qualifications prescribed for the office and shall take the oath prescribed by the Charter before assuming his or her duties as acting incumbent. If a vacancy in the office occurs, and no acting incumbent has been designated, or if the designated acting incumbent is unable to serve, the Council may designate the acting incumbent for the office.
SECTION HISTORY
Amended by: Charter Amendment II, approved November 5, 2024, effective January 8, 2025.
Pending trial, the Council may suspend any elected officer, and the appointing power may suspend any appointed officer, against whom felony criminal proceedings, or criminal misdemeanor proceedings related to a violation of official duties as described in Section 207(c). The temporary vacancy shall be filled in accordance with the Charter.
No member of the Council shall, during the term for which he or she has been elected, serve in any other office, if the position is appointed by or subject to confirmation by the Council. This section shall not apply to prohibit a member of the Council from serving on the board of a joint powers authority if the member receives no compensation for the service.
SECTION HISTORY
Amended by: Charter Amendment HH, approved November 5, 2024, effective January 8, 2025.
In addition to the powers and duties prescribed by the Charter, the officers, employees, and boards of the City shall have such other powers and perform such other duties as may be prescribed by the laws of the State of California, or by ordinance, not in conflict with the Charter, or by resolution adopted by the Council, not in conflict with the provisions of the Charter or ordinance.
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