Six Month Residency Requirement in Proposed City Charter Amendment Changed

The City Council will vote on a resolution that could call a General Election allowing residents to vote on several City Charter amendments on the November ballot.

However, one amendment has changed since the City Council voted to send it to the ballot.

According to Monday’s agenda, the proposed City Charter amendment to fill City Council vacancies now contains a mandated 30-day residency requirement.

Earlier this month, the City Council voted in favor of a City Charter amendment that would require applicants vying to fill a vacant City Council seat to live in the City for six months.

“City staff is recommending that the provision related to the residency requirement be reduced to 30 days to align with court decisions holding that a six month residency requirement for elective office is illegal, but determining that a 30-day residency requirement is reasonable,” according to a City staff report.

But a six month requirement is illegal according to the state supreme court and violates the 14th Amendment.

The California Supreme Court has determined that a prospective candidate be a resident at the time that they file their nominating papers for at least 30 days.

Five-year, three-year, and one-year requirements have been struck down as a denial of equal protection of the laws.

The city previously did not have a residency requirement to fill a vacancy.

Jess Rivas, Andy Wilson, and Joel Bryant were appointed to the City Council without a residency requirement.

However, those applicants were replacing Councilmembers who had won high office. Rivas and Wilson replaced Victor Gordo and Terry Tornek after Gordo and Tornek were elected Mayor, and Bryant replaced Chris Holden after Holden was elected to the state legislature.

However, the issue came to the forefront after Justin Jones was appointed twice to fill the vacancy left by John Kennedy, who died shortly after winning reelection in the March Primary in 2022.

Jones filled Kennedy’s remaining term and the term he won in the March primary.

Jones, like Rivas and Wilson later won the seat in an election. Bryant opted not to run for the seat after his appointment ended.