34900-34906
GOVERNMENT CODE
SECTION 34900-34906
34900. At any general municipal election, or at a special election
held for that purpose, the city council may submit to the electors
the question of whether electors shall thereafter elect a mayor and
four city council members, and whether the mayor shall serve a
two-year or four-year term. In cities presently having elected
mayors, the city council may also submit to the electors the question
of whether the mayor shall thereafter serve a two-year or a
four-year term.
34901. The questions shall be printed on the ballots used at the
election in substantially the following form:
"Shall the electors elect a mayor and four city council members "
"Shall the term of office of mayor be two years "
"Shall the term of office of mayor be four years "
The words "Yes" and "No" and "two years" and "four years" shall be
so printed on the ballots that the voters may express their choice.
The term of office of mayor shall be that preferred by a majority of
those voting on the proposition.
34902. (a) If a majority of the votes cast on the proposition is
for it, the office of mayor shall thereafter be an elective office,
except as provided in subdivision (b). At the next succeeding general
municipal election held in the city, one of the offices of city
councilperson, to be filled at the election, shall be designated as
the office of mayor, to be filled at the election. The person elected
at the election as mayor shall hold office from the Tuesday
succeeding his or her election, and until his or her successor is
elected and qualifies.
In the case of a vacancy in the office of the mayor for any
reason, the council shall fill the vacancy by appointment. If the
council fails to fill it within 60 days, it shall call an election to
fill the vacancy to be held on the next established election date to
be held not less than 114 days thereafter. A person appointed or
elected to fill a vacancy shall hold office for the unexpired term of
the former incumbent.
(b) After an office of elective mayor has been established, the
city council may subsequently submit to the electors the question of
whether or not to eliminate the elective office of mayor, pursuant to
the procedures enumerated in this article, and thereby reestablish
the procedure of selection of the mayor by the city council. If a
majority of the votes cast on the proposition are in favor of the
elimination of the office of elective mayor, the office shall be
eliminated on the expiration date of the incumbent's term, and on the
date the procedure of selection of the mayor by the city council
shall be reestablished.
34903. The mayor is a member of the city council and has all of the
powers and duties of a member of the city council.
34904. A person is not eligible to hold office as mayor unless he
or she is at the time of assuming that office an elector of the city,
and was a registered voter of the city at the time nomination papers
are issued to the candidate as provided for in Section 10227 of the
Elections Code.
34905. A mayor pro tempore shall be chosen in the manner provided
by Section 36801.
34906. Notwithstanding Section 36503, if a city has an elected
mayor and the election of the remaining members of the city council
for four-year terms is not evenly staggered, the city council may, on
a one-time basis only and prior to the first day for circulating
nomination papers for the general municipal election, designate one
of the city council offices appearing on the general municipal
ballot, other than the office of the mayor, to serve a two-year term,
or may provide that of the city council offices appearing on the
general municipal ballot, other than the office of the mayor, the one
which receives the least votes of those elected (or if there is a
tie for such a position, as decided by lot) shall serve a two-year
term. At all subsequent general municipal elections, each member of
the city council elected at such election, other than the mayor if
the mayor has a two-year term, shall be elected to serve a four-year
term.