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'CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney
Subject:
SELECTION OF AUTHORS RELATIVE TO
BALLOT ARGUMENTS ON THE NEW
CHARTER MEASURE BEFORE THE
VOTERS AT THE CITY'S SPECIAL
MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 2, 2004.
Dept: City Attorney
ORIGINAL
Date: June 16, 2004
Synopsis of Previous Council action:
May 17,2004 - Council adopts resolutions placing before the voters at the November 2, 2004
City's Special Municipal Election a ballot measure relating to a new proposed City Charter.
Recommended motion:
That the Mayor and City Attorney be authorized to select the authors of ballot arguments in
favor of the New Charter measure before the voters at the City's Special Municipal Election
to be held on November 2, 2004.
J~
Signature
Contact person: James F. Penman. City Attornev
Phone:
5255
Supporting data attached: Staff ReDort
Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
~/;I jOLJ
75-0262
Agenda Item No. 39'
.
STAFF REPORT
Council Meeting Date: June 21. 2004
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
June 16,2004
Selection of authors relative to ballot arguments on the New Charter
measure before the voters at the City's special Municipal Election to
be held on November 2, 2004 (Agenda Item #39).
At the May 17, 2004 Mayor and Common Council meeting, action was taken on three
resolutions resulting in the submission to the qualified electors of this City for their approval at the
November 2, 2004 election a ballot measure relating to a new proposed City Charter.
This agenda item concerning the selection of authors relative to ballot arguments for that
measure is placed before the Mayor and Common Council for consideration pursuant to California
Elections Code ~9287:
"~9287. Priority for selection of arguments to be printed and distributed
to voters.
If more than one argument for or more than one argument against any city
measure is submitted to the city elections official within the time prescribed,
he or she shall select one of the arguments in favor and one of the arguments
against the measure for printing and distribution to the voters. In selecting
the argument the city elections official shall give preference and priority, in
the order named, to the arguments of the following:
(a) The legislative body, or member or members of the legislative body
authorized by that body.
(b) The individual voter, or bona fide association of citizens, or combination
of voters and associations, who are the bona fide sponsors or proponents of
the measure.
(c) Bona fide associations of citizens.
(d) Individual voters who are eligible to vote on the measure."
Given the priority in state law of those who can author arguments on ballot measures, it is
requested that the Mayor and Common Council adopt the floor motion so that "the Mayor and City
Attorney be authorized to select the authors of ballot arguments in favor of the New Charter measure
before the voters at the City's Special Municipal Election to be held on November 2, 2004."