Cal. Apartment Assn. v. City of Pasadena (2025)

Citation: Cal. Apartment Assn. v. City of Pasadena (2025)
Parent Document: Cal. Apartment Assn. v. City of Pasadena (2025)
Jurisdiction: California (state)
Effective Date: 2025-12-18
Original Source: https://www.courtlistener.com/opinion/10761039/cal-apartment-assn-v-city-of-pasadena/ ↗

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              d.    Recall and removal authority
       Measure H provides that “No vote of the electorate will be
required to remove a Board member.” (§ 1811(d).) 6 Instead,
Rental Board members may be removed pursuant to petitions
signed by a certain percentage of qualified voters. (Ibid. [either
5 or 10 percent based on type of Rental Board position].) The
City Council is responsible for establishing a process for removal
petitions and is authorized to remove Rental Board members
“upon petition by the Rental Board for repeated or significant
violations of the Rental Board’s Code of Conduct.” (Ibid.)
       Petitioners argue this provision is incongruous with the
City Council’s preexisting recall and removal powers, including
its ability to remove members of other appointed commissions at
will. They contend that Measure H instead “creates a massive
exception to the generally-applicable structure of government for
the [Rental] Board, making its members answerable not to duly
elected officials (as is usually the case) or even to the broader
electorate, but to a minute fraction of the City’s residents.”
       Section 410 of the Charter, which states that the City
Council “shall appoint and may remove the City Manager, City
Attorney, City Prosecutor, and City Clerk,” was not modified or
repealed by Measure H. Nor were any changes made to section
411, which describes the City Council’s authority over the
functions, powers, and duties of City departments, offices,
agencies, boards, commissions, and committees, or section 1301,

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