Opinion No. (1997)

DANIEL E. LUNGREN Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE KEITH OLBERG, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question: When a city election is consolidated with a statewide general election, on what date is a newly elected city council member to be installed in office? CONCLUSION When a city election is consolidated with a statewide general election, a newly elected city council member is to be installed in office on the first Tuesday after a certified statement of the results of the election is submitted by the county elections official to the city council. ANALYSIS The Legislature has enacted a comprehensive statutory scheme (Elec. Code, §§ 10100 - 10266 ) 1 setting forth procedures to be followed in conducting city elections. With regard to the installation of newly elected city officers, section 10262 provides: "The governing body of the city shall meet at their usual place of meeting on the first Tuesday after the election to canvass the returns and to install the newly elected officers. The body shall declare elected the person having the highest number of votes given for each office.…