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ARTICLE IV General Provisions Concerning Supervisors
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SECTION 6. Each Supervisor must have been an elector of Sacramento County for at least five years, and of the district wherein he lives for at least one year, immediately preceding the filing of his nominating petition, and he must reside in such district during his incumbency. NOTE: The five year county residence requirement is invalid (Zellenga v. Nelson, 4 Cal.3d 716). The one year district residence requirement is also invalid (Smith v. Evans, 42 Cal.App.3d 154; County Counsel Opinion No. 75-139). SECTION 7. VACANCIES. For the purpose of this Section, a vacancy on the Board of Supervisors occurs whenever an incumbent files a resignation with the Clerk of the Board, dies, or becomes ineligible to hold the office for any reason. A resignation, once filed, may not be withdrawn. For the purpose of filling the vacancy pursuant to this Section, a resignation shall be deemed to cause a vacancy immediately on the date the resignation is filed, irrespective of whether a deferred effective date is specified in the resignation. Any such deferred effective date shall not be later than the 30th day following the date on which the resignation is filed. If a later date is specified, the resignation shall be deemed to be effective on the 30th day after the resignation is filed. Whenever a vacancy occurs on the Board of Supervisors, it shall be filled as provided in this Section.
(a) If a vacancy occurs during the first 730 calendar days of a term of office, the vacancy shall be filled by a special election. Within ten days after the vacancy occurs, the Registrar of Voters shall select and announce a date for a special primary election and a date for a special run-off election to be used if a run-off election is necessary. The Registrar of Voters shall also select and announce a final filing date for filing to be a candidate, which date shall provide for at least ten days advance notice thereof. The election dates selected shall be the earliest administratively feasible dates available; provided, that the date for the special primary election shall not be more than 60 days after the vacancy occurs and the special run-off election date shall not be more than 28 days after the special primary election date. Except as provided in this Section, the special election shall be conducted in accordance with State law applicable to regular supervisorial elections. If a candidate receives a majority of the votes cast at the special primary election, that candidate shall be elected for the remainder of the term of office. If no candidate receives a majority of the votes, the names of the two candidates receiving the most votes shall be placed on the ballot for the special run-off election at which the candidate receiving the most votes shall be deemed elected for the remainder of the term of office.
(b) If a vacancy occurs during or between the 731st and the 1,095th calendar days of a term of office, the vacancy shall be filled for the remainder of the term by appointment by the Board of Supervisors. If within thirty calendar days following the date on which the vacancy occurs an appointment has not been made, the vacancy shall be filled by special primary and run-off elections scheduled in accordance with the procedures and in the manner prescribed by paragraph (a), above; provided that the times within which the elections must be scheduled shall be 90 days after the vacancy occurs for the special primary election, and not more than 28 days after the special primary election for the special run-off election.
(c) If the vacancy occurs during or between the 1,096th and 1,399th calendar days of a term of office, the vacancy shall be filled by appointment by the Board of Supervisors. If the Board of Supervisors fails to make an appointment, the vacancy shall be filled by the person elected for the succeeding term at either the June primary or November general election, who shall serve both the remainder of the unexpired term and the next succeeding term for which the person was elected.
(d) If the vacancy occurs during or between the 1,400th and 1,460th calendar days of a term of office, the vacancy shall be filled by the person elected for the next succeeding term at the June primary or November general election, who shall serve both the remainder of the unexpired term and the next succeeding term for which the person was elected." SECTION 8. The Board of Supervisors may by a four-fifths vote change the boundaries of any Supervisor District in the manner provided by law. They shall redistrict said County into five Supervisor Districts after each Federal census. Failure of the Board of Supervisors to redistrict the County in the manner provided by law, and by this Charter, within two years after each Federal census shall constitute misconduct in office. (1961) SECTION 9. The term of office of a Supervisor shall be four years. Supervisors from the First, Second and Fifth Districts shall be elected at the general election held in November, 1934; and Supervisors from the Third and Fourth Districts shall be elected at the general election held in November, 1936. At each general election thereafter, either two or three supervisors, as the case may be, shall be elected for four year terms. The term of office shall begin at noon on the first Monday in January following the election. SECTION 10. Supervisors shall receive such compensation as may be provided by the State Legislature plus mileage to and from the place of meeting payable monthly from the County Treasury. (1953) NOTE: The compensation of Supervisors is now provided for by ordinance adopted by the Board of Supervisors pursuant to Sections 1 and 4 of Article XI of the California constitution. SECTION 11. The Board of Supervisors shall elect a chairman who shall preside at all meetings. In the event of his absence or inability to act the members present must, by an order entered in the minutes, select one of their members to act as chairman pro tem, who, while so acting shall have all the authority of the chairman. Any member of the Board may administer oaths, while in the performance of official duties. A majority of the members shall constitute a quorum, and no act of the Board shall be valid or binding unless a majority of the members concur therein. SECTION 12. No Supervisor shall, during the term for which he shall have been elected or for one year thereafter, be eligible to any other office or position in the County, carrying compensation, and created by this Charter or by ordinance. SECTION 13. REGULAR MEETINGS. The Board of Supervisors shall convene, in regular session, at least twice in each calendar month, and said Board, shall, by ordinance, provide for such holding of its regular meeting.
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