Ability to Govern

Municipal Affairs

Bound by the state’s general law, regardless of whether the subject concerns a municipal affair.

Has supreme authority over “municipal affairs.” Cal. Const. art. XI, § 5(b).

Form of Government

State law describes the city’s form of government  For example, Government Code section 36501 authorizes general law cities be governed by a city council of five members, a city clerk, a city treasurer, a police chief, a fire chief and any subordinate officers or employees as required by law.  City electors may adopt ordinance which provides for a different number of council members. Cal. Gov’t section 34871.  The Government Code also authorizes the “city manager” form of government. Cal. Gov’t Code § 34851.

Charter can provide for any form of government including the “strong mayor,” and “city manager” forms. See Cal. Const. art. XI, § 5(b); Cal. Gov’t Code § 34450 et seq.

Elections Generally

Municipal elections conducted in accordance with the California Elections Code. Cal. Elec. Code §§ 10101 et seq..

Not bound by the California Elections Code.  May establish own election dates, rules, and procedures. See Cal. Const. art. XI, § 5(b); Cal. Elec. Code §§ 10101 et seq..

Methods of Elections

Generally holds at-large elections whereby voters vote for any candidate on the ballot.  Cities may also choose to elect the city council “by” or “from” districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov’t Code § 34871.  Mayor may be elected by the city council or by vote of the people. Cal. Gov’t Code §§ 34902.

May establish procedures for selecting officers.  May hold at-large or district elections. See Cal. Const. art. XI, § 5(b).

City Council Member Qualifications

Minimum qualifications are:

1. United States citizen
2. At least 18 years old
3. Registered voter
4. Resident of the city at least 15 days prior to the election and throughout his or her term
5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected.

Cal. Elec. Code § 321; Cal. Gov’t Code §§ 34882, 36502; 87 Cal. Op. Att’y Gen. 30 (2004).

Can establish own criteria for city office provided it does not violate the U.S. Constitution. Cal. Const. art. XI, § 5(b), 82 Cal. Op. Att’y Gen. 6, 8 (1999).

Public Funds for Candidate in Municipal Elections

No public officer shall expend and no candidate shall accept public money for the purpose of seeking elected office. Cal. Gov’t Code § 85300.

Public financing of election campaigns is lawful. Johnson v. Bradley, 4 Cal. 4th 389 (1992).

Term Limits

May provide for term limits. Cal. Gov’t Code § 36502(b).

May provide for term limits. Cal. Const. art. XI, § 5(b); Cal Gov’t Code Section 36502 (b).

Vacancies and Termination of Office

An office becomes vacant in several instances including death, resignation, removal for failure to perform official duties, electorate irregularities, absence from meetings without permission, and upon non-residency. Cal. Gov’t Code §§ 1770, 36502, 36513.

May establish criteria for vacating and terminating city offices so long as it does not violate the state and federal constitutions. Cal. Const. art. XI, § 5(b).

Council Member Compensation and Expense Reimbursement

Salary-ceiling is set by city population and salary increases set by state law except for compensation established by city electors. See Cal. Gov’t Code § 36516.  If a city provides any type of compensation or payment of expenses to council members, then all council members are required to have two hours of ethics training. See Cal. Gov’t Code §§ 53234 - 53235.

May establish council members’ salaries. See Cal. Const. art. XI, § 5(b).  If a city provides any type of compensation or payment of expenses to council members, then all council members are required to have two hours of ethics training. See Cal. Gov’t Code §§ 53234 - 53235.

Legislative Authority

Ordinances may not be passed within five days of introduction unless they are urgency ordinances. Cal. Gov’t Code § 36934.

Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Gov't Code § 36934.