Posted by running scared, a resident of another community, on Feb 27, 2010 at 3:54 pm
The following sections are from the California State Government Code and describe the state mandated requirements of county supervisors as regards filling vacated public office.
Please note the distinctions made by the framers of this law between elective and appointed office, and the specific exclusion of appointed supervisors from the scope of authority whereby appointment may be made for replacement.
I am not an attorney, but it seems on first glance that the intent of the framers is that the term of the temporary appointment may not extend beyond the 'next regularly scheduled election'.
It seems clear to me that the intent is place vacant elected supervisorial positions and even appointed supervisorial positions into the hands of the electorate at the next available election.
It is time that all of us start to understand the state governance of our county government and not allow them to reinvent a wheel which is crafted at a lower standard than state mandate.
25304. The board of supervisors shall fill by appointment all
vacancies that occur in any office filled by the appointment of the
board and elective county officers, except judge of the superior
court and supervisors. The appointee shall hold office for the
unexpired term or until the first Monday after January lst succeeding
the next general election.
25304.5. If on the first Monday after January 1 following a general
election the person elected to an elective county office has
resigned or died, the board of supervisors shall provide that the
office which was made vacant shall be filled at the next regularly
scheduled election. The board of supervisors may appoint a person to
temporarily carry out the duties of any office to be filled by such
an election and that person shall serve until the results of the
election are declared.
The person elected shall serve for the remainder of the term which
began on the first Monday after January 1 immediately preceding the