Untitled California Attorney General Opinion

BACKGROUND

Moreno Valley is a general law city, and thus derives its powers from the general statutes enacted by the Legislature. 1 Moreno Valley’s five-member city council consists 1 See City of Orange v. San Diego County Employees Retirement Assn. (2002) 103

1 22-1002 of the elected mayor plus four councilmembers elected by the voters of the districts they represent. 2

David Marquez, a resident of Moreno Valley, was elected to serve a four-year term as the City’s District 3 Councilmember, and was reelected to this office in 2020. His current term will end in December 2024.

The City alleges that Marquez forfeited his seat on the council under the terms of Government Code section 36513(b), because Marquez was absent, without permission, from the city council’s meetings for more than 70 consecutive days between June and September of 2022. Marquez responds that his absences should qualify as “excused” under section 36513(b) because he gave advance notice to the City and the absences were for legitimate reasons. He also alleges he did not miss “regular City Council meetings” for 70 days within the meaning of section 36513(b) because of the Council’s summer recess.…