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ARTICLE IV
General Provisions Concerning SupervisorsInquire about the availability of documents in alternate formats.
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be withdrawn.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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