HomeMy WebLinkAbout2006-09-11 CRC MinutesMINUTES OF A REGULAR MEETING OF THE
CITY of CH 1LA VISTA
CHARTER EVIE II COMMISSION
ISSIO
September 1 1z 2006 City A r y's Conference Room :00 p. m.,
MEMBERS PRESENT: Cheryl Cox, Humberto Pera a, Jr., William Richter, Norma
T othman, Elizabeth Scott and Pedro De Lara
MEMBERS ABSENT: Arr ida Martin del Campo
STAFF PRESENT: Attorney Sharon Marshall, Deputy City Attorney Joan Dawson
The meeting was called to order at 4:25 p.m.
1. Roll Call.
The roll was called and members were noted as present or absent as indicated above.
e.
The attorney suggested that it might be prudent to take item 4 out of order so that a new Chair
could be appointed to run the meeting. She explained that the Municipal Code does not set forth
an election procedure, and the Commission has no y --laws regarding such a procedure. The
floor was then opened for nominations.
4. Election of New officers
It was moved by Member Cox to appoint William Richter as Chair and Humberto Pera a as Vice
Chair.
Member Richter declined the nomination inasmuch as he felt he had not served on the
Commission long enough and did not have the experi
This August 4, 2006 letter from Councilman Rindone was forwarded to the Charter Review
:.
Commission and the City Attorney. Councilman Rindone is concerned that the City's Charter
does not prohibit someone from running as a write --in candidate in General Elections. in light of
the fiasco experienced recently by the City of San Diego over a similar situation, Councilman
Rindone is requesting that the Charter Review Commission propose amendments to Chula
Vista's Charter allowing write -in candidates in Primary Elections only, and place language on the
ballot for approval by the voters.
For the new Commissioners' edification, Chair Cox explained that in Chula vista the "primary
election's (June) is referred to as the "general election' and the final election (November) is called
��special election ".
Also included in the Commission packet was a memo from the City Attorney's Office to the City
Clerk, dealing with the Issue of write -in candidates in special run --off elections, which discusses
this natter in detail and addresses the concerns raised by Councilman Rindone.
Discussion ensued regarding the recent City of San Diego case (Donna Fry's write -in
candidacy) and prior legal precedents concerning write -in candidates. Attorney Marshall referred
to the history of the unconstitutionality of not allowing write --in candidates, and recent decisions by
the State and Federal Supreme Courts which do not preclude write -in candidates in primary
elections, but do prohibit them from running in final elections.
Joan Dawson, Deputy City Attorney, introduced herself and indicated she was the author of the
memo to the City Clerk. She explained that the earlier opinion of the City Attorney to allow a
write -in candidate (Petra arajas) to run in the November ember election had been based on an old
opinion (Canaan v. Abdelnour, 40 Cal., 9985) that a local jurisdiction may not prohibit write-ins
from participating in any election because it is a violation of federal and state constitutional
grounds. However, in 1992 (Burdick Takus f, 504 U.S.) and 2 oo (Edelstein v* City an
County of Sari Francisco, 29 CaL ) new case law was established wh1ch states that a jurisdiction
can prohibit write -ins. The court held that the. prohibition on write-ins in second elections did not
infringe on constitutional rights. In 1992, Section 3 00 of the Chula vista Charter was amended by
the passage of Proposition J, which intended that elected office holders in the City win by a
majority of votes, not a plurality, Neither the Charter nor the Municipal Code addresses write -in
candidates specifically; however, it is the City Attorney's interpretation that the existing provisions
in the Charter preclude write -in candidates in the special (final) election. Under the provisions of
Charter section 902 and California Elections Code Section 15340, write -in candidates may qualify
for the City's general (primary) municipal election, assuming they comply with all relevant state
and local procedures to qualify.
In order to clarify the intent of Proposition J, the Council may choose to amend the Municipal
Code to add specific language regarding write-in candidates, but it appears no further action on
this item is required by the Charter Review Commission.
6. New Business — None.
7. Public Comments -- None.
8. M ernber' Comments
The Commissioners discussed the 8108!06 Council Agenda Statement regarding three proposed
ballot measures for the November 71 2006 election. Chair Cox explained to the new Commission
members that these amendments to the City Charter were proposed by the Charter Review
Commission and relate to 1 an appointed incumbent being prohibited from seeking election to
the sane office for one year, 2 and changing the procedure for filling Council vacancies by
election or appointment within specified time periods (either a one year or two year tern). The
Charter Review Commission 2 September 11, 2006
City Council: in considering the item, unanimously voted to approve the ballot measure prohibiting
an appointed officer from seeking election to the office within ar specified period of time, and
approved requiring an election if a vacancy is declared with more than one year remaining in the
term.
Chair Cox did not think there would be a reed to have a meeting in November or December:
unless a specific referral came forward.
NEXT MEETING: On Call
MEETING ADJOURNED AT 5411 p.m.
Mary Any Barbieri
Recording Secretary
Charter Review Commission 3 September 11, 2006