Loading...
HomeMy WebLinkAboutItem 8.1 Directly Elected Mayor CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 9, 1991 SUBJECT: Report on Directly Elected Mayor (Prepared by: City Manager & City Attorney) EXHIBITS ATTACHED: 1 . Memorandum from City Attorney dated November 15, 1991 2. List of City Council Appointments and Terms of Office RECOMMENDATION: K eceive Report. FINANCIAL STATEMENT: The cost of placing this issue on the June 1992 Ballot is estimated at $3, 000. No funds have been budgeted for this purpose, therefore, a transfer from the City's Contingent Reserve would be required. Costs apart from the election costs of directly electing the Mayor are undetermined at this time. DESCRIPTION: At the October 28, 1991 City Council meeting, Councilmember Burton requested a report on the possibility of placing the issue of a directly elected Mayor on the June 1992 ballot. The City Attorney has prepared an analysis (see attached) of the provisions of the State Government and Election Laws which provide for the direct election of the Mayor. If the City Council determines to pursue posing the question of directly electing the Mayor to the voters in June 1992, the Council will need to consider the following issues. 1 . Term of Office - The law provides that the voters determine whether the term of office for Mayor shall be for two years or four years. Given the current staggered terms on the City Council, the following possible scenarios could occur depending upon whether the voters select a two year or four year term for Mayor and whether the City Council designates one of the City Council terms expiring as a two year office in 1994. Scenario 1 - Voters Approve a 2 Year Term for Mayor Year Office Term Nov 1992 Mayor 2 years (1 ) Councilmember 4 years Nov 1994 Mayor 2 years (3) Councilmembers 4 years Nov 1996 Mayor 2 years (1 ) Councilmember 4 years Scenario 2 - Voters Approve 2 Year Term for Mayor. Council designates ( 1 ) Council_Seat for 2 Year Term in November 1994 Year Office Term Nov 1992 Mayor 2 years (1 ) Councilmember 4 years Nov 1994 Mayor 2 years (2) Councilmembers 4 years (1 ) Councilmember 2 years Nov 1996 Mayor 2 years (2) Councilmembers 4 years Nov 1998 Mayor 2 years (2) Councilmembers 4 years ---------------------------------------------------------------------- COPIES TO: CITY LERK IT ITEM N0. FILE /Lo- oZ Q Scenario 3 - Voters Approve 4 Year Term for Mayor Year Office Term Nov 1992 Mayor 4 years (1 ) Councilmember 4 years Nov 1994 (3) Councilmembers 4 years Nov 1996 Mayor 4 years (1 ) Councilmember 4 years Scenario 4 - Voters Approve 4 Year Term for Mayor, Council designates ( 1 ) Council Seat for 2 Year Term in November 1994 Year Office Term Nov 1992 Mayor 4 years (1 ) Councilmember 4 years Nov 1994 (2) Councilmembers 4 years (1 ) Councilmember 2 years Nov 1996 Mayor 4 years (2) Councilmembers 4 years Nov 1998 (2) Councilmembers 4 years The issue of determining whether one council seat should be designated for a two year term, would not be determined by the City Council until after the voters decide whether the Mayor should be directly elected and the Mayor's term of office. However, it would need to be determined before the November 1994 election. 2 . Compensation for Mayor The Council should determine whether the Mayor should be compensated in addition to what he/she receives as a Councilmember and whether the voters or the Council should decide the amount. If the Council wishes to have the voters decide the amount, the Council would need to determine the amount to be placed on the ballot. In accordance with State Law for General Law Cities, Councilmembers are currently compensated $382.88/mo. In May 1991 , the City Council adopted an ordinance which would adjust the City Council's salary by $19. 14/mo after the November 1992 Election. If the Council adopted a similar adjustment in 1992, the compensation for a City Councilmember would be $422.12/mo. after November 1992. 3. Timing Should the Council call a special election to consider the issue or at the next regular municipal election? A special election could be consolidated with the General Statewide Election in June 1992, to determine whether the Mayor should be directly elected. If the voters vote to elect the Mayor, the actual election of Mayor would occur in November 1992. If the Council waits to place the issue on the November 1992 ballot, the Mayor would not be directly elected until November 1994. The Council must determine- whether to place an ordinance on the ballot by February 24, 1992 to meet the deadlines for the June 1992 election. 4. Appointment Power/Duties State Law provides that the elected Mayor shall, with the approval of the City Council, make all appointments to Boards, Commissions and Committees. If the voters approved the election of the Mayor directly, the City Council would have to modify the City's existing ordinance and resolutions providing for the appointment of Planning Commissioners, Park and Recreation Commissioners, and Senior Citizen Advisory Committee members. In November 1992, the Mayor would have the ability to appoint two new members to each body with the Council's consent. a: 129mayor.agenda#6 V C D NOV 19 1991 MEYERS, NAVE, RIBACK & WEST `,7N/ _ MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFIC�1 n I_I N STEVEN R.MEYERS GATEWAY PLAZA 1220 HOWARD AVE.,SUITE 250 NATALIE E.WEST ELIZABETH H.SILVER 777 DAVIS STREET,SUITE 300 TELEPHONE:CA 94010-4211 MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 TELEPHONE:(415)42-08 6 FACSIMILE(415)342-0886 MOLLY T.TAMI TELEPHONE:(510)351-4300 MICHAEL F.RODRIQUEZ FACSIMILE:(510)351-4461 MARIN OFFICE KATHLEEN FAUBION FREDERICK S.ETHERIDGE MEMORANDUM 1202 GRANT AVE..SUITE E WENDY A.ROBERTS NOVATO,CA 94945 DAVID W.SKINNER TELEPHONE:(415)892-8878 REPLY TO: OF COUNSEL ANDREA J.SALTZMAN San Leandro TO: Richard Ambrose DATE: November 15, 1991 City Manager FROM: Elizabeth H. Silver City Attorney RE: Directly Elected Mayor At the October 28, 1991, meeting, Councilmember Burton requested information regarding the method of directly electing the mayor. Government Code Provisions for Direct Election of Mayor Government Code Section 34900 et sea. provides the procedure for the electorate to decide whether the mayor should be directly elected. Section 34900 allows the council to submit to the electors at any general municipal or special election the question of whether to elect a mayor and four council members and whether the mayor shall serve a two-year or four-year term. Section 34901 specifies the form of the question, to be substantially as follows: "Shall the electors elect a mayor and four city councilmen?" Shall the term of office of mavor be two years? Shall the term of office of mayor be four years?" If a majority of the votes cast is affirmative, the office of mayor is elective and at the next general municipal election one of the offices of councilmember to be filled at that election shall be designated as the office of the mayor, to be filled at that election. (Government Code Section 34902 . ) An elected mayor is a member of the council and has all the powers and duties of a councilmember. (Government Code Section 34903 . ) In addition, an elected mayor shall, with the approval of the council, make all appointments to boards, commissions and committees, unless otherwise provided by statute. (Government Code EXPalb"IT 1 TO: Richard Ambrose FROM: Elizabeth H. Silver RE: Directly Elected Mayor DATE: November 15, 1991 PAGE: 2 Section 40605. ) I do not believe the electorate of a general law city, such as Dublin, can expand on the powers of the mayor beyond those set forth in sections 34903 and 40605. A directly elected mayor may be provided compensation in addition to that which he or she receives as a councilmember. (Government Code Section 36516. 1. ) Such additional compensation may be provided either by an ordinance adopted by the council, or by majority vote of the electors voting at a municipal election. If the question of compensation is to be decided by the voters, the amount of compensation must be presented to the voters. Procedures to Place Ouestion Before Voters in June 1992 The council may present the question of directly electing the mayor to the electorate by placing an ordinance on the ballot at the next succeeding general municipal or special election called for that purpose, pursuant to Elections Code Section 4017 . If the ordinance is enacted, it may only be amended by a vote of the people, unless the ordinance itself specifies otherwise. (Elections Code section 4013 . ) The ordinance would become effective ten days after the date the vote is declared by the City Council. (Elections Code section 4013 . ) If the council were to call a special municipal election to vote on the question of electing the mayor and consolidate the special election with the June 1992 primary election, the electors would elect the mayor at the November 1992 general municipal election, assuming the proposition was passed. This would require designation by the council of one of the two council offices being elected in November 1992 as the mayor and the one remaining council office would be filled for a four-year term. (Government Code Section 34902 (a) . ) This would result in the election of one councilmember and the mayor in 1992 with the remaining three councilmembers being elected in 1994 . In the foregoing situation, in order to divide the four council offices evenly, one of the three councilmembers being elected in November 1994 could be elected for a two-year term. The council may designate one of the three council offices which would ordinarily be elected in November 1994 for four-year terms as a two-year office so that the mayor and two councilmembers would be elected at one election and the other two councilmembers would be elected at the election two years later. This would avoid the TO: Richard Ambrose FROM: Elizabeth H. Silver RE: Directly Elected Mayor DATE: November 15, 1991 PAGE: 3 uneven staggering of election of councilmembers which would otherwise occur. In this situation, Government Code Section 34906 allows the council to provide that the person with the least votes will serve a two-year term. This must be done prior to the first day for circulating nominating papers for the November 1994 election. If an incumbent councilmember is elected mayor, the vacancy on the council would be filled by the council pursuant to Government Code Section 36512 , which requires the council, within thirty (30) days of the vacancy, to fill the vacancy by appointment or call a special election. Alternatively, the council could enact an ordinance pursuant to Government Code Section 36512 . 1, requiring that a special election be called immediately to fill every city council vacancy (including a vacancy in the office of directly elected mayor) , to be held at the next regularly established election date not less than ninety (90) days from the call. If the council called a special election for the June 1992 , the council could also request the Board of Supervisors to consolidate the special municipal election with the general statewide election being held in June 1992 . (Elections Code section 23302 . ) This requires that the Council submit a resolution requesting consolidation and setting forth the exact form of the question to appear on the ballot at least 88 days before the June election, although the Registrar of Voters requests that such resolutions be received at least 103 days before the election. The latest the Council could act to meet the legal deadline for consolidation would be the Council meeting to be held on February 24 , 1992 . If the elections are consolidated, it will be necessary to enter into an agreement with the County for payment of the costs of the election. The Registrar of Voters estimates that the cost will be in the range of $3, 000 for the June 1992 election. Election Procedures Arguments for and against the proposal may be submitted to qualified electors in accordance with Elections Code section 5012 . The Council, any member of the Council authorized by the Council, any individual voter eligible to vote on the question, any bonafide association of citizens or any combination of voters and associations may file ballot arguments. (Elections Code section 5013 . ) TO: Richard Ambrose FROM: Elizabeth H. Silver RE: Directly Elected Mayor DATE: November 15, 1991 PAGE: 4 The City Clerk shall enclose printed copies of both arguments with each sample ballot. Arguments should be titled: "Argument in favor (or against) Proposition " The ballot arguments: - Cannot exceed 300 words (Elections Code Section 5013) . - Must be accompanied by name(s) of person(s) submitting them (Elections Code Section 5014) . - Can contain no more than 5 signatures. The City Clerk shall determine and fix a deadline for receipt of arguments based on time reasonably necessary to prepare and print the arguments and sample ballots and to allow for the 10- calendar-day public examination period. Persons who filed the argument in favor may prepare rebuttal arguments not exceeding 250 words. (Elections Code section 5014 . 5. ) Rebuttal arguments shall be filed with the Clerk not more than 10 days after final date for filing direct arguments. Rebuttal arguments may be included only if the Council so provides in the resolution calling the election. (Elections Code section 5014 . 5 (b) . ) If more than one argument for or against is submitted to the Clerk within the prescribed time, the City Clerk shall select one argument for and one against for distribution to voters. (Elections Code section 5016. ) The Clerk shall give preference and priority to: 1. The City Council or authorized members of the Council; 2 . Individual voter or bonafide association of citizens, or combination of voters and associations who are bonafide sponsors or proponents of measures; 3 . _ Bonafide associations of citizens; 4 . Individual voters eligible to vote on the measure. When a City measure or proposition is placed on the ballot, the Council may direct the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an • TO: Richard Ambrose FROM: Elizabeth H. Silver RE: Directly Elected Mayor DATE: November 15, 1991 PAGE: 5 impartial analysis which shall be printed preceding arguments for and against the measure and shall not exceed 500 words. (Elections Code section 5011. ) The resolution submitting the proposition to the voters should direct the City Attorney to prepare an impartial analysis within the time specified by statute. (Elections Code section 5015. ) conclusion If the council wishes to place before the voters the question of directly electing a mayor, the council must decide the following issues: (1) Should the mayor be compensated? (2) If the mayor should be compensated, (a) Should the electors decide the amount, or (b) Should the council wait until after the election and decide the amount by ordinance? If alternative (a) is selected, what amount of compensation should be included in the proposed ordinance to be submitted to the electors? (3) When should the question be presented to the electorate- -at a special election or at the next regular municipal election? (4) If the election of the mayor were to occur at the November 1992 election, should the person at the November 1994 election who receives the least votes serve a two- year term? Very truly yours, MEYERS, NAVE, RIBACK & WEST Elizabeth H. Silver EHS:apn 114\memo\mayor.ele APPOINTMENTS PLANNING PARK & RECREATION SENIOR ADVISORY COUNCILMEMBER COMMISSIONER COMMISSIONER COMMITTEE Snyder Zika 10/5/87 Downey 9/28/87 Gifford 1/23/89 Jeffery Barnes 6/4/84 Donnell 5/14/84 Gibbert 1/11/88 Burton Rafanelli 12/17/90 Cahn 1/15/91 Zagarella 12/10/90 Howard North 1/28/91 Lockhart 1/15/91 Jurich 12/10/90 Moffatt Burnham 1/86 Jones 1/23/90 Hathoway 3/25/91 Sbranti 8/13/91 ELECTED TERM EXPIRES ELECTED TERM EXPIRES ELECTED TERM EXPIRES Snyder 11/81 4/84 4/84 11/88 11/88 11/92 Jeffery 11/81 4/84 4/84 11/88 11/88 11/92 Burton 11/90 11/94 Howard 11/90 11/94 Moffatt 11/81 4/84 4/84 11/86 11/86 11/90 11/90 11/94