1 ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER AMENDING SECTION 2.04.040 OF THE LANCASTER
MUNICIPAL CODE CONCERNING VACANCIES ON THE CITY
COUNCIL OR IN THE OFFICE OF THE MAYOR
WHEREAS, the City of Lancaster (“City”) is a charter city as authorized by and described in article XIII of the California Constitution; and
WHEREAS, section 5 of article XIII of the California Constitution provides, in pertinent part, that “[i]t shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws[…]” and that “[i]t shall be competent in all city charters to provide, in addition to those provisions allowable by this Constitution, and by the laws of the State for [… the] conduct of city elections […]”; and
WHEREAS, section 102 of the City’s Charter provides that “[t]he City of Lancaster shall have the power to adopt ordinances establishing procedures, rules or regulations concerning City of Lancaster elections and public officials, including but not limited to, the qualifications and compensation of elected officials, the method, time and requirements to hold elections, to fill vacant offices and for voting by mail. Unless in conflict with ordinances adopted by the City, state law regarding elections shall apply[]”; and
WHEREAS, section 2.04.040 of the Lancaster Municipal Code specifies the method by which vacancies on the City Council and in the Office of the Mayor are filled; and WHEREAS, the City Council of the City has determined that section 2.04.040 should be amended to clarify that references to the “next general municipal election” mean the “next general municipal election that is at least 90 days from the date the vacancy is declared”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.
Section 2. Section 2.04.040 of the Lancaster Municipal Code is hereby amended to read, in its entirety, as follows:
2.04.040 Statement by Candidate for Elective Office.
A. A vacancy shall exist on the city council or in the office of the mayor, and shall be declared by the city council, upon the occurrence of any of the events enumerated in the provisions of the California Government Code pertaining to vacancies in public offices.
2 B. Within ninety (90) days of the city council declaring a vacancy on the city council pursuant to this section, the mayor, with the consent of the city council, shall fill such vacancy by appointment. The person appointed to fill a vacant council seat holds office until the end of the former council member's term, at which time it will be filled by election.
C. In the event the office of the mayor is declared by the city council to be vacant, the powers and duties of the mayor shall immediately and automatically transfer to and vest in the council member serving as the vice-mayor pursuant to
Section 2.04.020, who shall serve as acting mayor until the next general municipal election that is at least 90 days from the date the vacancy is declared. The acting mayor shall appoint a person, subject to approval of a majority of the city council, who shall serve as a council member until the next general municipal election that is at least 90 days from the date the vacancy is declared. The powers and duties of the mayor shall remain vested in the acting mayor until the next general municipal election that is at least 90 days from the date the vacancy is declared, at which time the office of mayor will be filled by election. The person elected to the office of mayor shall hold the office for a full term.
D. To the extent consistent with the terms of the city's charter and this Section 2.04.040, provisions of the California Government Code pertaining to filling vacancies in public offices shall apply.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and will see that it is published and posted in the manner required by law. 3 I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the _____ day of __________________, 2024, and placed upon its second reading and adoption at a regular meeting of the City Council on the _____ day of __________________, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster