Martinez v. City of Watsonville CA6

Filed 12/16/14 Martinez v. City of Watsonville CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

EMILIO MARTINEZ et al., No. H038230 (Santa Cruz County Plaintiffs and Appellants, Super. Ct. No. CV169473)

v.

CITY OF WATSONVILLE et al.,

Defendants and Respondents.

The City of Watsonville’s City Charter (the City Charter) relies on the definition 1 of vacancy in Government Code section 1770. In 2010, section 1770 provided that “[a]n office becomes vacant on the happening of any of the following events before the expiration of the term: [¶] . . . [¶] . . . [the officeholder’s] resignation.” In 2010, respondent City of Watsonville (the City) took the position that a resigning member of the Watsonville City Council whose resignation had not yet become effective would be permitted to participate in the vote to appoint his successor. The City concluded that a vacancy existed under the City Charter as soon as the resigning member submitted a letter announcing an intent to resign even though the letter made the resignation effective upon the appointment of the member’s successor.

1 Statutory references are to the Government Code.

Appellants Emilio Martinez, Kathleen Morgan-Martinez, and Kenneth Adelman challenged the City’s position by seeking injunctive and declaratory relief. Their request for a preliminary injunction was denied, the vote on appointment of the member’s successor took place with the resigning member voting, and the successor was unanimously appointed. In 2012, the trial court rejected appellants’ challenge on the merits. Appellants filed an appeal in which they challenged the trial court’s construction of section 1770. While this appeal was pending, citizens of the City placed Measure H on the June 2014 ballot to change the City Charter to redefine “vacancy” and to preclude the Watsonville City Council from filling any vacancies by appointment. Measure H was passed by the voters and took effect in June 2014. The Legislature subsequently passed, and the Governor approved, Assembly Bill No. 1795, which amended sections 1770 and 36512. (Stats. 2014, ch. 725.) Under the amended version of section 1770, “[a]n office becomes vacant on the happening of any of the following events before the expiration of the term: [¶] . . . [¶] . . . His or her resignation, except as provided in paragraph (2). [¶] (2) In the case of the office of city council member, upon the delivery of a letter of resignation by the resigning council member to the city clerk. The letter of resignation may specify a date on which the resignation will become effective.” (Stats. 2014, ch. 725, § 1.) The amendment to section 36512 added subdivision (e). The new subdivision (e) provides, in part: “If the city council of a city that elects city council members by or from districts elects to fill a vacancy on the city council by appointment as a result of a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the 2 resignation will go into effect upon the appointment of a successor.” (Stats. 2014, ch. 725, § 2.)