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HomeGovernment CodeDiv. 4Ch. 4Art. 1§ 1752 Local Official Vacancy Appointments

§ 1752 Local Official Vacancy Appointments

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1752 Local Official Vacancy Appointments

Key Takeaways

  • •If you're already elected or chosen to be part of a city, county, or district's governing body, you can't be appointed to fill an empty spot on that same group during your current term.
  • •There's one exception: In a general law city, if the mayor's position becomes empty, the city council can pick one of their own members to be the new mayor.
  • •If a council member becomes mayor, their old spot on the council becomes empty and needs to be filled following the rules in Section 36512.

Example

Imagine you're on the city council. The mayor suddenly quits, and the council wants to pick you to be the new mayor.

In this case, the law says it's okay for the council to choose you as the new mayor, even though you're already on the council. But now your old seat on the council is empty, and the city has to follow special rules to fill that spot.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1752 Local Official Vacancy Appointments

(a) Except as provided in subdivision (b), no person elected or appointed to the governing body of any city, county, or district having an elected governing body, shall be appointed to fill any vacancy on that governing body during the term for which he or she was elected or appointed. (b) With respect to a general law city, if a vacancy in the elected office of mayor occurs, the council may fill that vacancy by appointing a member of the council to the office of mayor. Any person appointed to fill the vacancy shall hold the office of mayor for the unexpired term of the former mayor. Any vacancy created in the membership of a city council as the result of an appointment of a member to the office of mayor shall be filled in accordance with Section 36512. (Amended by Stats. 2003, Ch. 296, Sec. 3. Effective January 1, 2004.)

Last verified: January 22, 2026

Key Terms

governing bodyvacancygeneral law citymayorunexpired termSection 36512

Related Statutes

  • § 10502 Joint Legislative Committee Composition
  • § 10500 Legislative Auditor Oversight
  • § 10501 Joint Legislative Audit Committee
  • § 10503 Committee Procedures And Powers
  • § 10504 Auditor General Selection Process

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 1752.
View Official Source