HomeMy WebLinkAbout37-City Attorney
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REQUEST F~ COUNCIL ACTION
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CITY OF SAN BERNADINO -
From: James F. Penman
Subject:
Ordinance of the City of San
Bernardino adding Sections 2.56.173
and 2.56.175 to the San Bernardino
Municipal Code relating to
uncontested elections.
Dept: City Attorney
DaU: November 6, 1990
Synopsis of Previous Council ection:
None.
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Recommended motion:
That further reading of said ordinance be waived and it be laid over for
final passage.
~A)
~ Signature
Contect person:
Dennis Barlow
Phone: 384-5355
Supporting dati ett8ched:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriDtionl
Finance:
Council Notes:
Aaenda Item No.
37
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CITY OF SAN BERNJlADINO - REQUEST F'" COUNCIL ACTION
STAFF REPORT
Currently if only one person files as a candidate for a City
office an election is still held at significant City expense.
The attached ordinance would provide that in regular and special
municipal elections if only one person files as a candidate or if
no one files, then upon publication of that fact and notification
by the Clerk to the mayor and Common Council, the election for
that office could be cancelled, and the candidate could be
appointed. If there is no candidate then any qualified
individual could be appointed. This proposal is consistent with
the power granted by the Elections Code to general law cities.
75-0264
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
2.56.173 AND 2.56.175 TO THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO UNCONTESTED ELECTIONS.
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4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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Section 2.56.173 is hereby added to the San
SECTION 1.
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Bernardino Municipal Code to read as follows:
"2.56.173 Uncontested regularly scheduled election.
(a) If, by 5 P.M. on the 63rd day prior to the day fixed
for a regularly scheduled municipal election, no one
or only one person has been nominated for any office
which is elected on a citywide basis, or no one or
only one person is nominated to be elected from or by
a ward, the City Clerk shall submit a certificate of
these facts to the Mayor and Common Council and inform
the Mayor and Common Council that it may, at a regular
or special meeting held before the municipal election,
adopt one of the following courses of action:
(1) Appoint to the office the person who has been
nominated.
(2) Appoint to the office any eligible elector if no
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one has been nominated.
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(3) Hold the election if either no one or only one
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person has been nominated.
The City Clerk shall publish a notice of the facts
described in this section and the courses of action
available under this subdivision.
Publication shall
be made pursuant to Section 6061 of the Government
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DABfsesfElection.ord
November 5, 1990
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code in any newspaper of general circulation as
designated by the Clerk.
After the fifth day following the date of publication,
the Mayor and Common Council may make the appointment
or direct an election to be held in the affected
territory.
The person appointed, if any, shall
qualify and take office and serve exactly as if
elected at a municipal election for the office.
If, by the 50th day before the municipal election, no.
person has been appointed to office pursuant to
paragraphs (1) or (2), the election shall be held.
"(b) Notwithstanding Elections Code Section 7300 et seq. or
any other provision of law to the contrary, if the
Mayor and Common Council makes an appointment pursuant
to subdivision (a), the clerk shall not accept for
filing. any statement of write-in candidacy which is
submitted after the appointment is made.
In the event than an appointment is made in a
particular ward pursuant to subdivision (a), that
appointment shall not affect the conduct of the
municipal election in other legislative districts of
the City."
SECTION 2.
Section 2.56.175 is hereby added to the San
24 Bernardino Municipal Code to read as follows:
25 "2.56.175 Uncontested special election to fill vacancy in
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DAB/ses/E1ection.ord
November 5, 1990
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"(a) If, by 5 P.M. on the 63rd day before a municipal
election to fill a vacancy on the Council as called
pursuant to Section l4-A of the Charter, no one or
only one person has been nominated for such office to
be filled at that election, the City clerk shall
submit a certificate of these facts to the Mayor and
Common Council and inform the Mayor and Common Council
that it may, at a regular or special meeting held
before the municipal election, adopt one of the
following courses of action:
(1) Appoint to such office the person who has been
nominated.
(2) Appoint to such office any eligible elector if
no one has been nominated.
(3) Hold the election if either no one, or only one
person, has been nominated.
The City clerk shall publish a notice of the facts
described in this Section and the courses of action
available under this subdivision.
publication shall
be made pursuant to Section 6061 of the Government
Code in any newspaper of general circulation as
designated by the Clerk.
After the fifth day
following the date of publication, the Mayor and
Common Council may make such an appointment or direct
an election to be held. The person appointed, if any,
shall qualify and take office and serve exactly as if
elected at a municipal election for that office. If,
DAB/ses/Election.ord
November 5, 1990
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ORDINANCE.
.RELATING TO UNCONTESTED ELECTIONS.
by the 50th day before the municipal election, no
person has been appointed to office pursuant to
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paragraphs (1) or (2), the election shall be held.
"(b) Notwithstanding Elections Code Section 7300 et seq. or
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any other provision of law to the contrary, if the
Mayor and Common council make an appointment as
provided in this Section, the City Clerk shall not
accept for filing any statement of write-in candidacy
which is submitted after the appointment is made."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1990, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
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City Clerk
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November 5, 1990
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ORDINANCE. . .RELATING TO UNCONTESTED ELECTIONS.
The foregoing ordinance is hereby approved this
of
, 1990.
day
5 W. R. Holcomb, Mayor
City of San Bernardino
6 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
B~ntc.J
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DAB/ses/E1ection.ord
November 5, 1990