HomeMy WebLinkAbout2016/01/12 Additional Information - Item 7CITY ATTORNEY REPORT ON
TERM LIMITS
JANUARY 12, 2016
AGENDA ITEM NO. 7
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TERM LIMITS
LEGAL FRAMEWORK
City Council Agenda Item No. 7
January 12, 2016
1.City Charter
a.Four-Year Terms
b.One-Year “Waiting” Period after Two Terms
c.No Lifetime Limit on Total Number of Terms or Years
d.Applies to Mayor, City Council members and City Attorney
2.State and Federal Law
a.Term Limits have been Upheld Against Constitutional Challenges
(1 st & 4th Amendments)
b.California Constitution Gives Charter City Authority over its Elections
c.Term Limits have been found to be Municipal Affairs
d.Government Code Section 36502
i.Specifically Authorizes Cities to Implement Term Limits
ii.Requires Adoption at Regularly Scheduled Election
iii.Allows Prospective Application Only
iv.Applicability to Charter Cities?
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TERM LIMITS
OPTIONS FOR CITY COUNCIL CONSIDERATION
City Council Agenda Item No. 7
January 12, 2016
1.Eliminate One-Year “Waiting” Period
2.Extend One-Year “Waiting” Period
3.Increase Allowable Number of
Consecutive Terms
4.Implement Lifetime Limits on Number of
Terms or Years
5.Extend Term Length
6.Leave Status Quo
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