Untitled California Attorney General Opinion

BACKGROUND

The City of Arcadia is a charter city governed by a five-member city council. 1 In the event of a vacancy, the Charter provides that the City Council by majority vote shall

1 Arcadia City Charter, art. IV, § 400.

1 22-603 fill the vacancy within thirty days, and if it does not, shall call an election “for the earliest possible date to fill such vacancy.”

On November 13, 2021, a vacancy arose when a councilmember passed away. The Council held special meetings in December to consider potential appointees and to consider calling a special election in April 2022. At those meetings, a council majority could not agree on an appointee, nor on a resolution to call an election. On February 7 and March 29, 2022, the Council again considered resolutions on an election, but did not call one. Instead, on March 29, 2022—more than thirty days after the vacancy occurred—the Council appointed Defendant to fill the vacancy.

On May 16, 2022, Relators filed a petition in court seeking mandamus, injunctive, and declaratory relief, seeking to remove Defendant on the ground that his appointment was unlawful, and to invalidate his vote on redistricting maps. On June 10, 2022, we…