sr-050871-1''`~`
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l DATE
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l TO:
FAO?4i:
CITY Or SAfVTA MOhiCA
May 7, 1971
Honorable Members of the City Council
Acting City Attarney
1
CITY CY1N~,~„
VAY 81571
THIS IviUST B;i
RETURNED TO Ti
CITY CLERK'S 0~ i.~E
FOR FILING.
5h'BJECT: Vacancy of office created in the City Council
by the resignation of Virgil B. Kingsley
Upon researching the above question, it has beer.
determined that the vacancy in office created by the resigna-
tion of Virgil B. Kingsley, as ivlayor, and. from the City
Council occurred at the mament that said letter of resigna*_ion
was submitted to the. City Clerk, on April 27, 1971.
Section 1770 of the Government Code of the State of
California provides that a vacancy in office occurs upon the
happening of certain everts, one of which is the voluntary
resignation of the officer.
Moreover, since the law does not recognize a
fraction of a day, the resignation becomes effective as cf
midnight of the day before,
In Meeker_~s. Peed, 70 CA i.-i.9, 11.3 Tahere the
resignation of a councilman :aas involved, the court declared:
"while other jurisdictions have held to a
different rule, it appears to be settled law
of this state that a resignation takes effect
immediately upon L~~ritten resignation, filed as
provided by law by the of:Ei.cer tendering his
resignation. DIo acceptance is required."
'T'his case cuas affirmed in Hamm v City of Sarta Ana
(May, 1969) 273 CA 2d 34, 90,
Additionally, Section 1752 of the California
Government Code, enacted at the 1970 Session of the Cal ifcrnia
Legislature provides as (allows:
"No persan elected ar appointed 'to t_he
governing body of any city, county, ar district
having an elected governing body shall. be
Page 2
May 7, 1971
appointed to fill any vacancy on such governing
body during the term for which he was elected
ar appointed."
Wherefore, four things are apparent in the case
at hand:
1. A vacancy was created in the City. Council on
April 27, 1971, by the submission to the City Clerk of the
written letter of resignation from Nlayor_Kingsley.
2. Under California law, Councilman Kingsley
could not legally withdraw his resignation.
3. In view of the recent enactment of Section
1752 of the Government Code, the City Council could not le=
ga11y"re-appoint- Councilman Kingsley to serve. the remainder
of the term for which he had been elected.
4. The 30-day period within which the City Cou^cil
must make an appointment. to-fill the vacancy pursuant to
Santa Nicnica City Charter Section 603 commenced running on
April 27, 1971.
Respectfully submitted,
CHRISTINA J. NEG3
Acting City Attorney.
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