Section § 36801

Explanation

After the results of a general municipal election are announced and new officials are sworn in, the city council must meet and select one member to be the mayor and another to serve as mayor pro tempore, which means a temporary or substitute mayor when needed.

The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore.

Section § 36802

Explanation

This law states that the mayor leads the city council meetings. If the mayor can't be present or do the job, the mayor pro tempore takes over and has the same powers and responsibilities as the mayor until the mayor can return.

The mayor shall preside at the meetings of the council. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers and duties of the mayor.

Section § 36803

Explanation
The mayor has the right to propose or support a motion and participate in discussions on any topic just like any other council member.
The mayor may make or second any motion and present and discuss any matter as a member of the council.

Section § 36804

Explanation

If the city clerk is not available, the deputy city clerk will take their place. If there isn't a deputy, the mayor will choose a city council member to temporarily serve as the city clerk.

If the city clerk is absent, the deputy city clerk shall act. If there is none, the mayor shall appoint one of the council members as city clerk pro tempore.

Section § 36805

Explanation

The city council is required to have regular meetings at least once a month, scheduled by an official decision. They have the option to postpone a meeting to another date, and the rescheduled meeting is treated as a regular meeting.

The city council shall hold regular meetings at least once a month at times fixed by ordinance or resolutions. It may adjourn any regular or adjourned meeting to a date specified in the order of adjournment. When so adjourned, the adjourned meeting is a regular meeting for all purposes.

Section § 36807

Explanation

This law states that during a special meeting, the city council can only discuss or make decisions on issues that were specifically mentioned in the meeting's notice or consent.

At any special meeting the city council shall act only on matters referred to in the notice or consent.

Section § 36809

Explanation

If a regular meeting is postponed but no new time is given for the rescheduled meeting, the meeting will start at the usual time for regular meetings.

When an order of adjournment of a regular meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings.

Section § 36810

Explanation

This law says that more than half of the council members need to be present to make official decisions. If they don't have enough members for a meeting, they can postpone, and they have ways to make absent members attend, as set by their rules.

A majority of the council constitutes a quorum for transaction of business. Less than a majority may adjourn from time to time, and compel attendance of absent members in the manner and under the penalties prescribed by ordinance.

Section § 36811

Explanation

If no city council members show up for a regular meeting, the city clerk must officially postpone the meeting to a new date and time. The city clerk is responsible for personally notifying each council member about the new meeting at least three hours ahead of time.

If all council members are absent from any regular meeting, the city clerk shall declare the meeting adjourned to a stated day and hour. The city clerk shall cause a written notice of the adjournment to be delivered personally to each council member at least three hours before the adjourned meeting.

Section § 36812

Explanation

Once a city is officially formed, the city council has the authority to decide if its members meet the necessary qualifications. They also handle any disputes about city election results and determine contested elections for city officers.

After incorporation, the city council is judge of the qualifications of its members and of election returns. It shall determine contested elections of city officers.

Section § 36812.1

Explanation

If someone files a written challenge against a city officer's election before the city council starts any related proceedings, the council's authority to begin these proceedings is paused temporarily. This pause lasts for a certain period mentioned in the Elections Code related to contesting elections.

When this period ends, the city council can proceed if no legal actions challenging the election have started or if those legal actions have ended without a court decision.

If a written statement to contest the election of a city officer pursuant to Sections 16400 and 16401 of the Elections Code is filed with the city clerk prior to the commencement of any proceeding by the city council, pursuant to Section 36812, the authority of the city council to commence those proceedings shall be suspended for the applicable period of time specified in Section 16401 of the Elections Code for the filing of the statement of contest.
Upon the expiration of the period of time, the city council may proceed pursuant to Section 36812 if no proceedings have been instituted pursuant to Article 1 (commencing with Section 16500) of Chapter 6 of Division 16 of the Elections Code, or those proceedings are terminated without judgment being rendered by the court.

Section § 36812.5

Explanation

This law allows a city to provide legal defense for a person who has been elected to the city council, city clerk, or city treasurer positions if they face an election contest. This defense is specifically for cases that relate to certain reasons outlined under subdivisions (a), (d), or (e) of Section 16100 of the Elections Code.

A city may defend any person elected to the city council or to the office of city clerk or city treasurer in any election contest instituted for any of the causes set forth in subdivisions (a), (d), or (e) of Section 16100 of the Elections Code.

Section § 36813

Explanation

This law allows the council to make its own rules for how meetings are run. It also gives the council the power to discipline anyone, including its members, who act inappropriately during a meeting.

The council may establish rules for the conduct of its proceedings. It may punish a member or other person for disorderly behavior at a meeting.

Section § 36814

Explanation

This law requires the city council to ensure that the clerk accurately records what happens during council meetings. If a council member asks, the city clerk must also note who voted yes or no in the meeting record.

The council shall cause the clerk to keep a correct record of its proceedings. At the request of a member, the city clerk shall enter the ayes and noes in the journal.

Section § 36815

Explanation

This law states that when terms like "councilman" or "councilmen" are used, they also refer to "councilwoman" or "councilwomen." Female city council members can call themselves "councilwoman." Any city council member can choose to be called "councilmember."

Any reference to “councilman” or “councilmen” shall also mean and include “councilwoman” or “councilwomen.” A female member of a city council may designate herself “councilwoman.” Any member of a city council may designate himself or herself “councilmember.”