HomeMy WebLinkAbout2006/08/08 Item 10
COUNCIL AGENDA STATEMENT
Item I D
Meeting Date 8/08/06
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING BALLOT QUESTIONS, TITLE SUMMARIES,
AND LANGUAGE OF THREE PROPOSED CHARTER
AMENDMENTS, ONE TO ARTICLE III, SECTION 300.D AND TWO
TO ARTICLE III, SECTION 303 C, TO BE SUBMITTED TO THE
ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE
HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006; AND
APPROVING CITY ATTORNEY IMPARTIAL ANALYSIS OF EACH
MEASURE AND DIRECTING STAFF TO SUBMIT ANALYSES TO
REGISTRAR OF VOTERS
SUBMITTED BY: City Attorney r;@
REVIEWED BY: City Attorney 9f}!) (4/Sths Vote: _ No X )
RECOMMENDATION: Adopt the Resolution.
BOARDS/COMMISSION: N/A
DISCUSSION:
At its meeting on July 18, 2006, the City Council, after receiving a report from the Charter
Review Commission and hearing public testimony, voted for the City Attorney to return to the
Council with a resolution to place one amendment to Charter Section 300D and two amendments
to Charter Section 303C on the November 7, 2006 ballot along with the proposed ballot text.
The text appears on the ballot in the form of a question.
The proposed Charter amendment to section 300D modifies the eligibility requirements to
prohibit an appointed mayor or councilmember from being eligible to run for the office until one
year after termination of the appointed term. The other two Charter amendments modify section
303C regarding the filling of unanticipated vacancies.
At its meeting on July 25, 2006, the City Council reviewed the proposed Ballot Questions and
directed the City Attorney to work with the Office of Communications to revise the Ballot
Questions.
Pursuant to Elections Code section 9280, the City Attorney has prepared an impartial analysis of
each measure showing the effect of the measure on the existing law and the operation of the
measure. The language of the proposed amendments and the City Attorney's impartial analysis
and the title summary of each measure are before the Council for approval.
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Page 2, Item /0
Meeting Date 8/06/06
After consulting with the Registrar of Voters, the Registrar has raised an issue that setting forth
specific time frames for holding an election in the proposed amendments may preclude the use of
the Registrar's services given its obligations to run federal and state elections. If the City is
unable to conduct an election, the City would be required to conduct a special election itself.
The City Attorney has added language to the proposed amendments to address the problem
raised by the timing of elections. The specific language addition, "or as soon thereafter as
practical" is noted in bold, italicized font for the Council's consideration.
FISCAL IMPACT: $25,000 per measure to place on the November ballot
CEQA: Exempt from the California Environmental Quality Act, as not a "project" under
California Code of Regulations, Title 14, section 15378(a)-(b) because it involves organizational
or administrative activities of government that will not result in direct or indirect physical
changes in the environment.
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING BALLOT QUESTIONS, TITLE
SUMMARIES, AND LANGUAGE OF THREE PROPOSED
CHARTER AMENDMENTS, ONE TO ARTICLE III, SECTION
300.D AND TWO TO ARTICLE III, SECTION 303.C, TO BE
SUBMITTED TO THE ELECTORATE AT THE SPECIAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 7, 2006; AND APPROVING CITY
ATTORNEY IMPARTIAL ANALYSIS OF EACH MEASURE
AND DIRECTING STAFF TO SUBMIT ANALYSES TO
REGISTRAR OF VOTERS
WHEREAS, at its meeting on July 18, 2006, the City Council, after receiving a report from
the Charter Review Commission and hearing public testimony, voted for the City Attorney to return
to the Council with a resolution to place one amendment to Charter Section 300D and two
amendments to Charter Section 303C on the November 7, 2006 ballot along with the proposed ballot
questions; and
WHEREAS, the proposed Charter amendment to section 300D, attached to this Resolution as
Exhibit A and incorporated by reference herein, modifies the eligibility requirements to prohibit an
appointed mayor or councilmember from being eligible to run for the office until one year after
termination of the appointed term; and
WHEREAS, the other two Charter amendments modify section 303C regarding the filling of
unanticipated vacancies when there are two years left in the term, attached to this Resolution as
Exhibit B and incorporated by reference herein, and when there is one year left in the term, attached
to this Resolution as Exhibit C and incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the language of the proposed amendments to the Charter of the City ofChula
Vista, and the ballot questions and summaries.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council ofthe City of
Chula Vista approves the impartial analysis of each measure prepared by the City Attorney and
attached to this Resolution as Exhibits A through C, and directs the City staff to submit the analyses
to the County Registrar of Voters in compliance with California Elections Code sections 9280 and
10403, to be submitted to the Electorate at the Special Municipal Election to be held on Tuesday,
November 7, 2006.
Presented by
Approved as to form by
Ann Moore
City Attorney
~~
Moore
CIty Attorney
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EXHIBIT A (REVISED 8/8/06)
CHARTER SECTION 300: CHARTER REVIEW COMMISSION PROPOSAL
BALLOT TITLE/SUMMARY: PROPOSED AMENDMENT TO CHULA VISTA
CHARTER TO PROHIBIT APPOINTED OFFICE HOLDER FROM SEEKING
ELECTION TO OFFICE WITHIN SPECIFIED TIME PERIOD
QUESTION: SHALL THE CHULA VISTA CHARTER BE AMENDED TO STATE
THAT ANY PERSON APPOINTED TO THE OFFICE OF MAYOR OR COUNCIL
SHALL BE PROHIBITED FROM SEEKING ELECTION TO THE SAME OFFICE
FOR A PERIOD OF ONE YEAR FOLLOWING THE END OF THE APPOINTED
TERM?
CITY ATTORNEY IMPARTIAL ANALYSIS:
This measure proposes to amend Article III, section 300.D of the Charter of the City of
Chula Vista to limit the ability of an appointed City Councilmember or Mayor to seek
nomination and election to the same office. This measure was proposed by the City's
Charter Review Commission and approved by the City Council for placement on the
ballot.
Currently, the Charter states that no person can be elected to a Councilor the Mayor's
office for more than two consecutive terms. However, Charter Section 300 allows a
person appointed to fill a vacant seat for a period of two years or less to seek nomination
and election for two full four-year terms to begin immediately after the appointed term
ends. Under the proposed amendment, a person who completes an appointed term may
only seek election to the office after a one-year waiting period ends. A person who fills a
vacant seat by election will not be subject to the proposed one-year waiting period.
A vote in favor of the measure will result in implementation of the proposed amendment.
A "No" vote will result in no change to the ability of an appointed office holder to seek
nomination and election to the same office at the end of the appointed term. The measure
requires a majority vote to pass. There is no fiscal impact associated with this measure.
CURRENT TEXT CITY OF CHULA VISTA CHARTER SECTION 300D:
D. No person shall be eligible for nomination and election to the office of City
Councilmember or Mayor for more than two (2) consecutive terms, and no person who
has held a Council office for a period of two (2) consecutive terms or the office of Mayor
for two (2) consecutive terms, may again seek nomination and election to said offices of
Councilor Mayor respectively until a period of one (1) year from the termination of the
second term for Councilmember or Mayor has elapsed; provided, however, that any
person who is appointed by the Council to fill the office of Councilor Mayor or elected
in a special election for the balance of a regular term of Mayor and/or Council for a
period of two (2) years or less may seek nomination and election for two (2) full terms
thereafter.
Exhibits
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TEXT OF PROPOSED AMENDMENT:
Sec. 300.
Members, Eligibility and Terms.
D. No person shall be eligible for nomination and election to the office of
City Councilmember or Mayor for more than two (2) consecutive terms, and no person
who has held a Council office for a period of two (2) consecutive terms or the office of
Mayor for two (2) consecutive terms, may again seek nomination and election to said
offices of Councilor Mayor respectively until a period of one (1) year from the
termination of the second term for Councilmember or Mayor has elapsed; provided,
however, that any person who is appointed by the Council to fill the office of Councilor
Mayor may not seek nomination and election to said offices of Councilor Mayor until a
period of one year from the termination of the appointed term has elapsed. Said appointee
shall be eligible to seek nomination and election for two (2) full terms thereafter. Any
person elected in a special election for the balance of a regular term of Mayor and/or
Council for a period of two (2) years or less may seek nomination and election for two
(2) full terms thereafter.
Exhibits
2
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EXHIBIT B (REVISED 8/8/06)
CHARTER SECTION 303: CITY COUNCIL PROPOSAL
(2- YEAR MEASURE)
BALLOT TITLE/SUMMARY: PROPOSED AMENDMENT TO CHULA VISTA
CITY CHARTER TO CHANGE PROCEDURE FOR FILLING VACANCIES IN CITY
COUNCIL OR MAYOR'S OFFICE BY ELECTION OR APPOINTMENT WITHIN
SPECIFIED TIME PERIODS
QUESTION: SHALL THE CHULA VISTA CHARTER BE AMENDED TO
CHANGE THE PROCEDURES FOR FILLING AN UNANTICIPATED MA YORAL
OR CITY COUNCIL VACANCY WHEN MORE THAN TWO YEARS REMAIN IN
THE TERM: SPECIFICALLY, WHEN MORE THAN TWO YEARS REMAIN, THE
SEAT MUST BE FILLED BY SPECIAL ELECTION; WHEN TWO YEARS OR LESS
REMAIN, THE SEAT MAY BE FILLED BY COUNCIL APPOINTMENT WITHIN 45
DAYS, OR IF NO APPOINTMENT, BY SPECIAL ELECTION OR LEFT VACANT?
CITY ATTORNEY IMPARTIAL ANALYSIS:
This measure proposes to amend Article III, section 303.C ofthe Charter of the City of
Chula Vista to change the procedures to fill an unanticipated City Councilor Mayoral
vacancy. This proposal was brought forward by the City's Charter Review Commission,
with City Council approval.
Currently, the Council is required to fill an unanticipated vacancy by appointment within
30 days of the Council's declaration of the vacancy. If a successor has already been
elected to the seat, the Council must immediately appoint the successor to fill the vacancy
for the remaining term. If there is no successor by election, the Council appoints a
person, who then serves until the next City election, called for any reason, when a
successor qualifies for the office. If the Council fails to fill a vacancy by appointment
within 30 days, the Council must call a special election to fill the vacancy. The
successful candidate is entitled to hold office, subject to the usual causes for vacancy, for
the remainder ofthe term. Ifthere are nine months or less remaining in the office's term
after election results would be determined, the Council's 30-day period for making an
appointment is extended or the Council may allow the seat to remain vacant.
The proposed amendment provides that if more than two years remain in a term
following a vacancy, the Council has no ability to appoint and must call a special election
to fill the vacancy. A successor must receive the majority of the votes cast to assume the
vacant office. If there is no majority winner, a special run-off election must be held. If
two years or less remain in the term, the Council may appoint a person to fill a vacancy
within 45 days. The appointed office holder will be entitled to hold office for the
remainder of the term. If the Council is unable to make an appointment within 45 days,
the Council loses its power to fill the vacancy by appointment. The Council may call a
special election or allow the seat to remain vacant. If there are nine months or less
remaining in the term, the Council is not permitted to call a special election; instead, the
Exhibits
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45-day period to make an appointment is extended for the duration of the term to allow
for an appointment or the seat may remain vacant.
This measure differs from its companion measure in that this proposed amendment states
that the Council has no ability to appoint a person to fill a vacancy and must call a special
election when there are more than two years remaining in a term; the companion
measures states that the Council loses it ability to appoint a person to fill a vacancy when
there is more than one year remaining in a term. In the event both measures receive a
majority vote, the one with the highest affirmative vote will prevail. Fiscal impact: The
future cost to the City of holding a special election to fill a vacancy.
CURRENT TEXT CITY OF CHULA VISTA CHARTER SECTION 303:
Sec. 303.
Vacancies.
A. When a Vacancy Occurs; Granting Permission for Absences.
If a member of the City Council is absent from four (4) consecutive regular
meetings of the City Council scheduled and held, unless by permission of the City
Council expressed in its official minutes contemporaneously with such absences or
sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter
of resignation to the City Clerk, the office shall become vacant as of the date of the last
absence (in the case of four unexcused, consecutive absences from regular City Council
meetings), the date of such conviction (in the case of conviction of a felony or crime
involving moral turpitude), or the effective date of resignation as set forth in such letter of
resignation, as applicable. The permission of the Council shall be granted for any
temporary illness of the requesting Councilmember disabling him or her from attendance
at such meeting. The City Council shall declare the existence of any vacancy or
anticipated vacancy as soon as practicable.
B. Anticipated Vacancies with Intervening Consolidated Elections; Duration of
Elected Replacee's Term.
If (1) a vacancy is expected to occur in an office of any member of the City
Councilor Mayor because of either the election of the current office holder to another
seat on the Council or other office requiring the surrender of the City office seat, and (2)
if, between the time the expectation of vacancy occurs (by final election results for the
other election contest having been announced) and the time the actual vacancy is
expected to occur, any other federal, state or local (non-City) election involving all the
electors of the City is scheduled to be held at such a time that permits a special election to
be called and consolidated with such other federal, state or local election, then (A) the
City Council shall call and request consolidation of such special election with such other
election or elections, and (B) the vacancy so expected to be created shall be filled by such
special election. A person elected in such special election to fill a vacancy shall serve for
the remainder of the term of the office and until a successor qualifies.
C. Duty to Appoint; Duration of Appointed Replacee's Term; When Special Election
Required.
Exhibits
4
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Except under the circumstances hereinabove provided in paragraph B, the City
Council shall use its best efforts in good faith to fill such vacancy by appointment within
thirty days of their declaration of the existence of the vacancy.
1. Mandatory Appointment of Elected Successor Required.
If, at the time the Council is called upon to declare the existence of a vacancy, a
successor to the seat has already been determined by election, and the successor is
awaiting the seating date to commence her or his term of office, the Council shall
forthwith appoint such successor to the vacant seat for the remaining term.
2. No Appointment Made; Duty to Call Special Election.
In the event Council shall fail to fill a vacancy by appointment within thirty days
after such office shall have been so declared vacant, or sooner, if impasse is
reached sooner, it shall forthwith cause a special election to be held to fill such
vacancy. The successful candidate elected at such a special election shall be
entitled to hold office for the remainder of the nominal terms of office for such
seat.
3. Appointment Made; Length of Service; Next Election.
In the event Council shall make such an appointment, such an appointee office
holder shall be entitled to hold office until the next city election called for any
reason including but not limited to general municipal elections, general municipal
runoff elections, special elections otherwise called, special runoff elections
otherwise called (assuming the Charter otherwise continues to require same),
recall, referendum or initiative elections, and until a successor subsequently
qualifies. In addition to such other matters that may be placed on such ballot, at
the call of such subsequent election, the Council shall also place on the ballot
thereof, the office to which the appointee has been appointed. Upon certification
of the results of said special election, the successful candidate for such office shall
be entitled to hold office, subject to the usual causes for vacancy, for the
remainder of any unexpired nominal term of said office, and until a successor
qualifies.
4. Minimal Remaining Term.
Notwithstanding any other requirement herein to the contrary for calling a special
election to fill a vacancy, if, after the election results would be determined and the
successful candidate seated, the remaining term of office would be nine months or
less, the Council shall not call such special election. In such case, the Council
shall comply with Section 303(C)(1) if a successor to the seat has already been
determined by election. Otherwise, the Council's power to appoint within 30 days
of declaration of vacancy is hereby extended for the duration of such minimal
remaining term until filled. The Council shall use good faith and best efforts to
reach agreement on such an appointment until they have declared an impasse,
Exhibits
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after which they may allow the seat to remain vacant for the duration of such
minimal remaining term.
TEXT OF PROPOSED AMENDMENT:
Section 303.
C. Unanticipated Vacancies.
Except under the circumstances hereinabove provided in paragraph B, the City
Council shall fill such vacancy by election or appointment as set forth herein.
1. If a vacancy is declared by the Council with two (2) years or less remaining in the
term from the date of declaration, the Council shall within 45 days appoint a person to fill
the vacant seat on the City Council. If the Council fails to fill the vacancy by appointment
the Council may call a special election.
In the event Council shall make such an appointment, such an appointee office
holder shall be entitled to hold office until a successor subsequently qualifies at the
expiration of the remaining Councilor Mayoral term.
If the Council is unable to make an appointment, the Council's power to appoint
within 45 days of declaration of vacancy is hereby terminated for the duration of such
minimal remaining term. In such case the Council may call a special election to fill the
seat or the seat will remain vacant. The Council shall use good faith and best efforts to
reach agreement on such an appointment.
Notwithstanding any other requirement herein to the contrary for calling a special
election to fill a vacancy, if, after the election results would be determined and the
successful candidate seated, the remaining term of office would be nine months or less,
the Council shall not call such special election. In such case, the Council shall comply
with Section 303 (C) (1) if a successor to the seat has already been determined by
election. Otherwise, the Council's power to appoint within 45 days of declaration of
vacancy is hereby extended for the duration of such minimal remaining term until filled.
The Council shall use good faith and best efforts to reach agreement on such an
appointment until they have declared an impasse, after which they may allow the seat to
remain vacant for the duration of such minimal remaining term.
2. If a vacancy declared by the Council occurs with more than two (2) years
remaining in the term from the date of said declaration, the Council shall call a special
election to be held within ninety (90) days of the declaration of the vacancy, unless there
is a regular municipal or statewide election scheduled to be held within 180 days of the
declaration of the vacancy. If there is a regular municipal or statewide election scheduled
to be held within 180 days of the declaration of the vacancy, the Council may consolidate
the special election with that regular election.
a. If one candidate receives the maiority of votes cast for all candidates in the
special election, the candidate receiving the maiority of votes cast shall be
Exhibits
6
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Exhibits
deemed to be and declared by the Council to be elected to the vacant
office.
b. Ifno candidate receives a maiority of votes cast in the special election, a
special run-off election shall be held within forty-nine (49) days of the
first special election, unless there is a regular municipal or statewide
election scheduled to be held within ninety (90) days of the proposed
special run-off election date, at which time the Council may consolidate
the special run-off election with that regular election. The two (2)
candidates receiving the highest number of votes cast for the vacant seat in
the first special election shall be the only candidates for the vacant Council
seat and the name of only those two (2) candidates shall be printed on the
ballot for that seat.
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EXHIBIT C (REVISED 8/8/06)
CHARTER SECTION 303: CHARTER REVIEW COMMISSION PROPOSAL
(I-YEAR MEASURE)
BALLOT TITLE/SUMMARY: PROPOSED AMENDMENT TO CHULA VISTA
CITY CHARTER TO CHANGE PROCEDURE FOR FILLING VACANCIES IN CITY
COUNCIL OR MAYOR'S OFFICE BY ELECTION OR APPOINTMENT WITHIN
SPECIFIED TIME PERIODS
QUESTION: SHALL THE CHULA VISTA CHARTER BE AMENDED TO
CHANGE THE PROCEDURES FOR FILLING AN UNANTICIPATED MAYORAL
OR CITY COUNCIL VACANCY WHEN MORE THAN ONE YEAR REMAINS IN
THE TERM: SPECIFICALLY, WHEN MORE THAN ONE YEAR REMAINS, THE
SEAT MUST BE FILLED BY SPECIAL ELECTION; WHEN ONE YEAR OR LESS
REMAINS, THE SEAT MAY BE FILLED BY COUNCIL APPOINTMENT WITHIN
45 DAYS, OR IF NO APPOINTMENT, BE LEFT VACANT?
CITY ATTORNEY IMPARTIAL ANALYSIS:
This measure proposes to amend Article III, section 303.C of the Charter of the City of
Chula Vista to change the procedures to fill an unanticipated City Councilor Mayoral
vacancy. This proposal was brought forward by the City's Charter Review Commission,
with City Council approval.
Currently, the Council is required to fill an unanticipated vacancy by appointment within
30 days of the Council's declaration ofthe vacancy. If a successor has already been
elected to the seat, the Council must immediately appoint the successor to fill the vacancy
for the remaining term. If there is no successor by election, the Council appoints a person,
who then serves until the next City election, called for any reason, when a successor
qualifies for the office. If the Council fails to fill a vacancy by appointment within 30
days, the Council must call a special election to fill the vacancy. The successful
candidate for the office is entitled to hold office, subject to the usual causes for vacancy,
for the remainder of the term. If there are nine months or less remaining in the office's
term after election results would be determined and a successful candidate seated, the
Council's 30-day period for making an appointment is extended or the Council may
allow the seat to remain vacant.
The proposed amendment provides that if more than one year remains in the term
following a vacancy, the Council has no ability to appoint and must call a special election
to fill the vacancy. A successor must receive the majority of the votes cast to assume the
vacant office. If there is no majority winner, a special run-off election must be held. If
one year or less remains in the term, the Council may appoint a person to fill a vacancy
within 45 days. The appointed office holder will be entitled to hold office for the
remainder of the term. If the Council is unable to make an appointment within 45 days,
Exhibits
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the Council loses its power to fill the vacancy by appointment, and the seat will remain
vacant.
This measure differs from its companion measure in that this proposed amendment states
that the Council has no ability to appoint a person to fill a vacancy and must call a special
election when there is more than one year remaining in a term; the companion measures
states that the Council loses its ability to appoint a person to fill a vacancy when there are
more than two years remaining in a term. In the event both measures receive a majority
vote, the one with the highest affirmative vote will prevail. Fiscal impact: The future
cost to the City of holding a special election to fill a vacancy.
CURRENT TEXT CITY OF CHULA VISTA CHARTER SECTION 303:
Sec. 303.
Vacancies.
A. When a Vacancy Occurs; Granting Permission for Absences.
If a member of the City Council is absent from four (4) consecutive regular
meetings of the City Council scheduled and held, unless by permission of the City
Council expressed in its official minutes contemporaneously with such absences or
sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter
of resignation to the City Clerk, the office shall become vacant as of the date of the last
absence (in the case of four unexcused, consecutive absences from regular City Council
meetings), the date of such conviction (in the case of conviction of a felony or crime
involving moral turpitude), or the effective date of resignation as set forth in such letter of
resignation, as applicable. The permission of the Council shall be granted for any
temporary illness of the requesting Councilmember disabling him or her from attendance
at such meeting. The City Council shall declare the existence of any vacancy or
anticipated vacancy as soon as practicable.
B. Anticipated Vacancies with Intervening Consolidated Elections; Duration of
Elected Replacee's Term.
If (1) a vacancy is expected to occur in an office of any member of the City
Councilor Mayor because of either the election of the current office holder to another
seat on the Councilor other office requiring the surrender of the City office seat, and (2)
if, between the time the expectation of vacancy occurs (by final election results for the
other election contest having been announced) and the time the actual vacancy is
expected to occur, any other federal, state or local (non-City) election involving all the
electors of the City is scheduled to be held at such a time that permits a special election to
be called and consolidated with such other federal, state or local election, then (A) the
City Council shall call and request consolidation of such special election with such other
election or elections, and (B) the vacancy so expected to be created shall be filled by such
special election. A person elected in such special election to fill a vacancy shall serve for
the remainder of the term of the office and until a successor qualifies.
C. Duty to Appoint; Duration of Appointed Replacee's Term; When Special Election
Required.
Exhibits
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Except under the circumstances hereinabove provided in paragraph B, the City
Council shall use its best efforts in good faith to fill such vacancy by appointment within
thirty days of their declaration of the existence of the vacancy.
1. Mandatory Appointment of Elected Successor Required.
If, at the time the Council is called upon to declare the existence of a vacancy, a
successor to the seat has already been determined by election, and the successor is
awaiting the seating date to commence her or his term of office, the Council shall
forthwith appoint such successor to the vacant seat for the remaining term.
2. No Appointment Made; Duty to Call Special Election.
In the event Council shall fail to fill a vacancy by appointment within thirty days
after such office shall have been so declared vacant, or sooner, if impasse is
reached sooner, it shall forthwith cause a special election to be held to fill such
vacancy. The successful candidate elected at such a special election shall be
entitled to hold office for the remainder of the nominal terms of office for such
seat.
3. Appointment Made; Length of Service; Next Election.
In the event Council shall make such an appointment, such an appointee office
holder shall be entitled to hold office until the next City election called for any
reason including but not limited to general municipal elections, general municipal
runoff elections, special elections otherwise called, special runoff elections
otherwise called (assuming the Charter otherwise continues to require same),
recall, referendum or initiative elections, and until a successor subsequently
qualifies. In addition to such other matters that may be placed on such ballot, at
the call of such subsequent election, the Council shall also place on the ballot
thereof, the office to which the appointee has been appointed. Upon certification
of the results of said special election, the successful candidate for such office shall
be entitled to hold office, subject to the usual causes for vacancy, for the
remainder of any unexpired nominal term of said office, and until a successor
qualifies.
4. Minimal Remaining Term.
Notwithstanding any other requirement herein to the contrary for calling a special
election to fill a vacancy, if, after the election results would be determined and the
successful candidate seated, the remaining term of office would be nine months or
less, the Council shall not call such special election. In such case, the Council
shall comply with Section 303(C)(I) if a successor to the seat has already been
determined by election. Otherwise, the Council's power to appoint within 30 days
of declaration of vacancy is hereby extended for the duration of such minimal
remaining term until filled. The Council shall use good faith and best efforts to
reach agreement on such an appointment until they have declared an impasse,
Exhibits
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after which they may allow the seat to remain vacant for the duration of such
minimal remaining term.
TEXT OF PROPOSED AMENDMENT:
Section 303.
C. Unanticipated Vacancies.
Except under the circumstances hereinabove provided in paragraph B. the City
Council shall fill such vacancy by election or appointment as set forth herein.
1. If a vacancy is declared by the Council with one (1) year or less remaining in the
term from the date of declaration. the Council shall within 45 days appoint a person to fill
the vacant seat on the City Council.
In the event Council shall make such an appointment. such an appointee office
holder shall be entitled to hold office until a successor subsequently qualifies at the
expiration of the remaining Councilor Mayoral term.
If the Council is unable to make an appointment. the Council's power to appoint
within 45 days of declaration of vacancy is hereby terminated for the duration of such
minimal remaining term and the seat will remain vacant. The Council shall use good faith
and best efforts to reach agreement on such an appointment. If the Council is unable to
make an appointment during the allotted time. the Council's power to appoint is
terminated.
2. If a vacancy declared by the Council occurs with more than one (1) year
remaining in the term from the date of said declaration. the Council shall call a special
election to be held within ninety (90) days of the declaration of the vacancy. unless there
is a regular municipal or statewide election scheduled to be held within 180 days of the
declaration of the vacancy. If there is a regular municipal or statewide election scheduled
to be held within 180 days of the declaration of the vacancy. the Council may consolidate
the special election with that election.
a. If one candidate receives the majority of votes cast for all candidates in the
special election. the candidate receiving the majority of votes cast shall be
deemed to be and declared by the Council to be elected to the vacant
office.
b. Ifno candidate receives a majority of votes cast in the special election. a
special run-off election shall be held within forty-nine (49) days of the
first special election. unless there is a regular municipal or statewide
election scheduled to be held within ninety (90) days of the proposed
special run-off election date. at which time the City Council may
consolidate the special run-off election with that regular election. The two
(2) candidates receiving the highest number of votes cast for the vacant
seat in the first special election shall be the only candidates for the vacant
Exhibits
11
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Exhibits
Council seat and the name of only those two (2) candidates shall be
printed on the ballot for that seat.
12
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CHARTER SECTION 303 PROPOSAL
ALTERNATIVES TO TIMING OF SPECIAL ELECTIONS
(APPLICABLE TO BOTH 2-YEAR AND I-YEAR MEASURES)
AL TERNATIVE 1: CHARTER REVIEW COMMISSION
90 days from declaration of vacancy, or as soon thereafter as
practical as determined by the City Clerk, for special election and
49 days, or as soon thereafter as practical as determined by the
City Clerk for special run-off
ALTERNATIVE 2: NO SPECIFIED DATE
Proposed Language for Section 303.C:
2. If a vacancy declared by the Council occurs with more than one (1 ) year
remaining in the term from the date of said declaration. the Council shall call a special
election forthwith. as soon as practical as determined by the City Clerk.
c. If one candidate receives the majority of votes cast for all candidates in the
special election. the candidate receiving the majority of votes cast shall be
deemed to be and declared by the Council to be elected to the vacant
office.
d. If no candidate receives a majority of votes cast in the special election. a
special run-off election shall be held forthwith. as soon as practical as
determined by the City Clerk. The two (2) candidates receiving the
highest number of votes cast for the vacant seat in the first special election
shall be the only candidates for the vacant Council seat and the name of
only those two (2) candidates shall be printed on the ballot for that seat.
Exhibits
13
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AL TERNATIVE 3: CONSOLIDATED WITH SCHEDULED ELECTION
OR 120 DAYS
Proposed language for section 303.C:
2. If a vacancy declared by the Council occurs with more than one (1) year
remaining in the term from the date of said declaration. the Council shall call a special
election to be held on the next established election date. as specified in the California
Elections Code. or within 120 days from the declaration of vacancy. whichever is
practical. unless there is a federal. state. or local election scheduled to be held within 180
days of the declaration of the vacancy. If there is a federal. state. or local election
scheduled to be held within 180 days of the declaration of the vacancy. the Council may
consolidate the special election with that election. as provided by the Elections Code.
e. If one candidate receives the majority of votes cast for all candidates in the
special election. the candidate receiving the majority of votes cast shall be
deemed to be and declared by the Council to be elected to the vacant
office.
f. Ifno candidate receives a majority of votes cast in the special election. a
special run-off election shall be held on the next established election date.
as specified in the California Elections Code. or within 120 days following
the certification of the special election results. whichever is practical.
unless there is a federal. state. or local election scheduled to be held within
180 days following the certification of the special election results. at
which time the Council may consolidate the special run-off election with
that election. as provided by the Elections Code. The two (2) candidates
receiving the highest number of votes cast for the vacant seat in the first
special election shall be the only candidates for the vacant Council seat
and the name of only those two (2) candidates shall be printed on the
ballot for that seat.
Exhibits
14
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