ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO CALIFORNIA ADDING SECTION 2.02.030 (CITY COUNCIL AND MAYOR VACANCIES) OF CHAPTER 2.02 (CITY COUNCIL), SECTION 2.06.030 (VACANCY) OF CHAPTER 2.06 (CITY TREASURER), AND SECTION 2.07.030 OF CHAPTER 2.07 (CITY CLERK) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE RIALTO MUNICIPAL CODE, REGARDING FILLING ELECTED OFFICE VACANCIES WHEREAS, the City of Rialto (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City of Rialto’s Mayor, City Council, City Treasurer, and City Clerk hold elected offices; and WHEREAS, Section 36512 of the Government Code provides the process that general law cities must follow to fill an elected office vacancy, other than an elected mayor; and WHEREAS, Sections 34902 of the Government Code provides the process that general law cities must follow to fill an elected mayor vacancy; and WHEREAS, the City has not adopted a process, consistent with state law, to fill any such vacancies; and WHEREAS, it is the purpose and intent of the City Council in enacting this ordinance to adopt regulations that will provide guidance and consistency for the filling of the City’s elected office vacancies going forward.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO ORDAINS AS FOLLOWS:
SECTION 1. FINDINGS
The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. SECTION 2.02.030 (CITY COUNCIL AND MAYOR VACANCIES) Section 2.02.030 (City council and Mayor Vacancies) of Chapter 2.02 (City Council) of Title 2 (Administration and Personnel), attached hereto as Exhibit A and incorporated herein by reference, is added to the Rialto Municipal Code.
SECTION 3. SECTION 2.06.030 (VACANCY)
Section 2.06.030 (Vacancy) of Chapter 2.06 (City Treasurer) of Title 2 (Administration and Personnel), attached hereto as Exhibit A and incorporated herein by reference, is added to the Rialto Municipal Code.
SECTION 4. SECTION 2.07.030 (VACANCY)
Section 2.07.030 (Vacancy) of Chapter 2.07 (City Clerk) of Title 2 (Administration and Personnel), attached hereto as Exhibit A and incorporated herein by reference, is added to the Rialto Municipal Code.
SECTION 5. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 6. CERTIFICATION, PUBLICATION, AND EFFECTIVE DATE The City Clerk shall certify to the adoption of this ordinance and publish and post the ordinance in accordance with Government Code Section 36933. This ordinance shall take effect thirty (30) days after its date of adoption.
PASSED, APPROVED AND ADOPTED this ____ day of _______, 2025. __________________________________
JOE BACA, Mayor
ATTEST:
________________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. __________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ________ day of _____________________, 2025.
Upon motion of Councilmember ___________________, seconded by Councilmember ____________________, the foregoing Ordinance No. _________ was duly passed and adopted.
Vote on the Motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this _____ day of _______________, 2025. ____________________________________
Barbara A. McGee, City Clerk
EXHIBIT A
SECTION 2.02.030 CITY COUNCIL AND MAYOR VACANCIES
A. Definitions.
“Established election date” shall be determined pursuant to Section 1000 et seq. of the Elections Code, including any amendments and successor statutes thereto. “Vacancy.” A vacancy in an elected office shall occur on any of the following:
1. The date the elected officer resigns or the date of their death.
2. The date the elected officer assumes another elected city office (e.g. mayor, city clerk, treasurer)
3. The date that the city council by resolution declares the seat vacant for failure to meet the required qualifications under Sections 34904 (elected mayor) or 36502 (councilmember, city clerk or treasurer) of the Government Code, including any amendments and successor statutes thereto.
B. Mayor Vacancy.
In the event of a vacancy in the office of the mayor for any reason, the city council shall fill the vacancy by appointment, as provided in subsection F below. If the city council fails to fill the office within 60 days, the city council shall call an election to fill the vacancy to be held on the next established election date to be held not less than 114 days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent. A current councilmember may be appointed to the office of the mayor.
C. City council Vacancy.
1. Unless otherwise required by law to fill a vacancy by special election, if a vacancy occurs in a city council seat, the city council shall, within 60 days from the commencement of the vacancy, fill the vacancy by appointment, as provided in subsection F below. a. If the city council fills the vacancy by appointment, within the 60 day period, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
i. If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the city council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. ii. If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent. iii. If the vacancy occurs in the second half of the term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent. b. If the city council fails to fill the vacancy within the 60 day period, then if shall call a special election which shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent.
D. In the event that the city council elects to transition the City to by-district elections, and elects to fill a vacancy by appointment as a result of a councilmember resigning from office, the appointment shall be made in accordance with Section 36512(e), including any amendments or successor statutes thereto.
E. An appointment pursuant to this section shall not be made to fill a city council or mayor vacancy if the appointment would result in a majority of the members serving on the city council having been appointed. In the event that the appointment of a mayor or councilmember would result in a majority of the members serving on the city council having been appointed, the vacancy shall be filled as follows:
1. The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call.
2. If the city council does not call an election pursuant to paragraph (1), the vacancy shall be filled at the next regularly established election date.
F. The process to fill the vacant city council or mayor seat by appointment shall be as follows:
1. The city council shall appoint the person having received the second highest verified vote tally for the subject office in the most recent prior election, provided that person is willing to fill the office and is still legally eligible to do so in accordance with Section 36502 or 34904 of the Government Code, as applicable. In the event that person cannot or will not fill the office, the person having received the third highest verified vote tally for the subject office in the most recent prior election shall be appointed, provided that person is willing to fill the seat and is legally eligible to do so in accordance with Section 36502 or 34904 of the Government Code, as applicable.
2. In the event there is no person who fulfills the requirements of Subsection 1, above, for the specific office being filled, and the City Council desires an appointment to the vacant seat, the City Council will determine an application process by resolution or minute order.
3. The failure to strictly adhere to the procedures in this subsection F. will not affect the legality and effectiveness of any appointment made. The City Council may, by resolution or minute order, modify the procedure to further efficiency and transparency, or to serve the public interest.
SECTION 2.06.030 VACANCY
In the event of a vacancy for any reason in the office of city treasurer, the city council shall appoint a person to fill the seat in accordance with the provisions of Section 2.02.030(F). Such appointee shall hold office as provided in Section 2.02.030(C). “Vacancy” shall have the same meaning as provided in Section 2.02.030(A).
SECTION 2.07.030 VACANCY
In the event of a vacancy for any reason in the office of City Clerk, the City Council shall appoint a person to fill the seat in accordance with the provisions of Section 2.02.03(F). Such appointee shall hold office as provided in Section 2.02.030(C). “Vacancy” shall have the same meaning as provided in Section 2.02.030(A). 08047-0001 4921-4210-7400 v3
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