Opinion No. (2006)

BILL LOCKYER Attorney General MARC J. NOLAN Deputy Attorney General THE HONORABLE LOIS WOLK, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: Does the appointing power of an elected mayor of a general law city extend to the appointment of the members of the city's planning commission? CONCLUSION The appointing power of an elected mayor of a general law city extends to the appointment of the members of the city's planning commission, but each appointment must have the approval of the city council. ANALYSIS As distinguished from a city operating under a city charter, a general law city has only those powers expressly granted to it by the Legislature, together with such powers that are necessarily incident to those expressly granted or essential to the declared object and purposes of the municipal corporation; a general law city may not act contrary to state statute. (See Irwin v. City of Manhattan Beach (1966) 65 Cal.2d 13 , 20-21 ; Martin v. Superior Court (1991) 234 Cal.App.3d 1765 , 1768 ; 81 Ops.Cal.Atty.Gen. 75 , 76 (1998).) Government Code section 34900 1 permits the voters of a general law city to determine whether to have an elected mayor. In…