CC - Item 5D - Report on Status of Council Member Ly's Active Military DutyROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER lk
DATE: JUNE 10, 2025
SUBJECT: REPORT ON STATUS OF COUNCIL MEMBER LY'S ACTIVE
MILITARY DUTY
SUMMARY
This report provides a status update on Councilmember Steven Ly's military service tour.
Councilmember Ly remains on active duty and has not yet been discharged. In communication
with City staff, he anticipates that his military service to wind down by mid-to-late summer.
Pursuant to California Military and Veterans Code Section 395.8 during his absence, his council
seat is not considered vacated, which ensures the rights of public officials who are on leave for
military service are protected. Although the Council has been excusing him under Government
Code Section 36513, that excuse is not required.
BACKGROUND
In December of 2024, Councilmember Steven Ly was ordered by the United State Army Reserve
to report to active duty. During Councilmember Ly's leave of absence, the California Military
and Veterans Code section 395.8 applies to his current seat on the City Council. That Code
Section in pertinent part states:
"Any officer, elective or otherwise, who leaves or shall have left the service of any city in order
to enter upon active service with the armed forces of the United States shall be reinstated and
restored to his office upon his discharge or release from such active service with the armed
forces; provided, such discharge or release is prior to the expiration of the term for which he has
been elected or appointed." A copy of Section 395.8 is attached to the staff report.
Based on the above, upon Mr. Ly's return from active duty, he shall be reinstated to his elected
position for the remainder of his term.
STAFF RECOMMENDATION
Staff recommends the City Council receive and file this report and provide direction, if any.
AGENDA ITEM 5.1)
City Council Meeting
June 10, 2025
Page 2 of 2
FISCAL IMPACT
None.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared
Ericka Hernandez, City Clerk
Attached: CA Military & Veterans Code Section 395.8
Attachment A
CA Military & Veterans Code Section 395.8
11A11 Or CAII(ORN IA 'I
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
State of California
MILITARY AND VETERANS CODE
Section 395.8
395.8. Any officer, elective or otherwise, who leaves or shall have left the service
of any city in order to enter upon active service with the armed forces of the United
States shall be reinstated and restored to his office upon his discharge or release from
such active service with the armed forces; provided, such discharge or release is prior
to the expiration of the term for which he has been elected or appointed.
The rights created by this section shall have no application to any officer who shall
have been dishonorably discharged or released from such armed forces, or shall have
been so mentally or physically disabled as to be incapable of performing the duties
of his office or shall fail to present himself to the legislative body or other appointing
authority of such city ready and willing to assume the duties of his office, within six
months from the time of his discharge or release from active service with the armed
forces.
The office from which such officer absents himself to enter upon active service
with the armed forces shall not be considered to be vacant but the legislative body or
other appointing authority, as the case may be, may appoint an officer to temporarily
replace any such officer so absenting himself to enter upon active service with the
armed forces. Such temporary officers shall have all of the powers and duties of the
office to which he may be temporarily appointed and shall hold said office until the
expiration of the term thereof or until the officer returns from service with the armed
forces, whichever event first occurs.
(Amended by Stats. 1946, 1st Ex. Sess., Ch. 32.)