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72 California Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagca0072 and id is 1 raw text is: ATTORNEY GENERAL'S OPINIONS Opinion No. 88-892-January 13, 1989 Opinion by: JOHN K. VAN DE KAMP, Attorney General Anthony S. DaVigo, Deputy Attorney General CRISTINA BUSTOS-THOMAS and HOWARD J. KLEIN, relators herein, filed their Application forLeave to Sue in Quo Warranto on August 10, 1988. On September 9, 1988, proposed defendant Cameron Cosgrove filed his Memorandum of Points and Authorities in Opposition to the Application for Leave to Sue in Quo Warranto. On September 28, 1988, relators filed their Reply to Memorandum of Points and Authorities in Opposition to the Applica- tion for Leave to Sue in Quo Warranto. It is concluded that leave to sue should be granted. RECITATIONS On June 7, 1988, the City of Irvine, County of Orange, conducted a general municipal election to fill two vacancies on the city council, to select a new mayor, and to determine the adoption of an amendment to the city charter (hereafter measure D). Candidates Paula Werner and Sally Anne Miller were elected to fill the council vacancies. Cameron Cosgrove, proposed defendant herein, received the next highest number of votes. Councilman Larry Agran was elected mayor, leaving a vacancy on the city council. At that time, section 400 of article IV of the city charter provided in part as follows: In the event a Council member is elected to the office of Mayor, the office of Council member shall become vacant upon the council member's qualification for the office of Mayor. The vacancy in the office of Council member shall be filled by the person receiving the next highest number of votes to those elected to the office of Coun- cil member at the same municipal election. Measure D was adopted, adding the following to that part of section 400 quoted above: . . . unless a petition containing verified signatures of not less than seven (7%) percent of the voters of the City according to the County Clerk's last official report of registration to the Secretary of State, is filed with the City Clerk on or before July 15th following the election creating the vacancy, which petition requests that said vacan- cy may be filled only by an election, in which event the vacancy may January 1989 1

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