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RESOLUTION NO. il.~
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT TO THE CHARTER OF SAID CITY WHICH WOULD CHANGE THE
CHARTER TO PROVIDE ADDITIONAL PROCEDURES FOR RECALLING AN
OFFICEHOLDER.
WHEREAS, in accordance with the Constitution of the State
of California, the City of San Bernardino, a municipal corpora-
tion, has heretofore framed and adopted a Charter for said
City, which said Charter was duly and regularly adopted by the
Electorate and approved by the Legislature of the State of
California; and
WHEREAS, the Mayor and Common Council of the City of Sa~
,Bernardino deem it advisable that said Charter be amended in
certain particulars, as hereinafter set forth,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common
Council of the City of San Bernardino that the following proposal
for amendment to the Charter of said City be submitted to the
qualified electors of said City for their approval or rejection
at the statewide Primary Election to be held in said City on
June 8, 1976.
PROPOSED CHARTER AMENDMENT NO.
It is hereby proposed that Article VII Section 122 of the
Charter of the City of San Bernardino be amended to read as
follows:
"SECTION 122. Proceedings may be Qommenced for
recall of the holder of any elective office of
this City and the election of a Successor of
the holder sought to be removed by the service,
filing and publication of a notice of intention
to circulate a recall petition. Such proceed-
ings may not be commenced against the holder
of an office unless, at the time of commencement,
the holder has held office for at least ninety
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days and no recall petition has been filed
against such holder within the preceding six
months. A petition demanding the recall of
the officer sought to be recalled shall be
submitted to the City Clerk. The petition
shall be signed by not less than twenty-five
percent (25%) of the voters of the City, or
in the case of a City councilman elected by ward
twenty-five percent (25%) of the voters of that
ward, according to the County Clerk's last
official report of registration to the Secretary
of State. No signatUre may be affixed to the
petition until the proponents have served,
filed and published a notice of intention to
circulate a recall petition, containing the
name of the officer sought to be recalled and
the title of his office, a statement in not
more than 500 words of the grounds on which the
recall is sought, and the name and address of
at least one, but not more than five proponents.
The notice of intention shall be served, per-
sonally or by certified mail, on the officer
sought to be recalled, and a copy thereof
with a certificate of the time and manner of
service shall be filed with the clerk of the
legislative body. Within seven (7) days after
the filing of the notice of intention, the
officer sought to be recalled may file with
the City Clerk an answer in not more than 500
words to the statement of the proponents, and,
.if an answer is filed, shall serve a copy
thereof, personally or by certified mail, on
one of the proponents named in the notice of
intention. At the time the proponents publish
the notice and statement referred to above,
the officer sought to be recalled may have the
answer published at his expense. If the answer
is to be published the officer shall file with
the City Clerk at the time the answer is filed
a statement declaring his intent that the answer
be published. The statement and answer are
intended solely for the information of the
voters and no insufficiency in the form or sub-
stance thereof shall affect the validity of
the election or proceedings. The notice and
statement as referred to above, and the answer,
if it is to be published, shall be published
at least once in a newspaper of general circu-
lation, as described in Sections 6000 to 6066
of the Government COde, adjudicated as such.
Seven (7) days after the publication of the
notice, statement and answer, if it is to be
published, the recall petition may be circulated
and signed. The petition shall bear a copy of
the notice of intention, statement and answer,
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if any. If the officer has not answered, the
petition shall so state. Signatures shall be
secured and the petition filed within sixty
(60) days from the filing of the notice of
intention. If such petition is not filed within
the time permitted by this section, the same
shall be void for all purposes. The signatures
to the petition need not all be appended to one
paper, but each signer shall add to his signature
his place of residence, giving the street and
such other identification as may be required by
the registration law. One of the signers of each
such paper shall make oath before an officer
qualified to administer oaths, that the state-
ments therein made are true, and that each signa-
ture to the paper appended, is the genuine signa-
ture of the person whose name purports to be
thereunto subscribed. Within thirty (30) days
after the date of filing such petition the City
Clerk shall examine and ascertain whether or
not said petition is signed by the requisite
number of qualified electors and, if necessary,
the Council shall allow extra help for that
purpose, and the City Clerk shall attach to said
petition a certificate showing the result of
said examination. If, by the City Clerk's certi-
ficate, the petition is shown to be insufficient,
it may be amended within thirty (30) days from
the date of said certificate. The City Clerk
shall, within thirty (30) days after such amend-
ment,make like examination of the amended
petition, and, if his certificate shall show
the same to be insufficient it shall be void
for all purposes. If the petition shall be
found to be sufficient, the City Clerk shall
submit the same to the Council without delay
and the Council shall thereupon order and fix
a date for holding said election, not less than
fifty (50) days, nor more than seventy (70)
days from the date of the City Clerk's certificate
to the Council that a sufficient petition is filed.
The City Council and the City Clerk shall make,
or cause to be made, publication of notice and
all arrangements for conducting, returning and
declaring the results of such election in the
same manner as other City elections. Any person
sought to be removed may be a candidate to
succeed himself and, unless he requests other-
wise, in writing, the City Clerk shall place
his name on the official ballot without nomina-
tion. In any such removal election, the candi-
date receiving the highest number of votes shall
be declared elected. At such election, if
some other person than the incumbent receives
the highest number of votes, the incumbent shall
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thereupon be deemed removed from the office
upon qualification of his successor. In case
the party who received the highest number of
votes should fail to qualify within ten (10)
days after receiving notification of election,
the office shall be deemed vacant. If the
incumbent receives the highest number of votes
he shall continue in office. The successor of
any officer so removed shall hold office during
the unexpired term of his predecessor."
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at
~./ -?YM;M7/d /:l?'/~//
"--?d day of . ~ .J-Lhh//AY
/
, 1976, by the
meeting thereof,
held on the
following vote, to wit:
AYES: Councilmen ~""J~ ::6h-/~.-". r~77'7,/77Uj/!h,
~A1~ d~ ~d?7/.4/
NAYS:
",?,gn/
~h72-?//kAA?./ ~N~4/
ABSENT:
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The foregoing resolution is
day of
. "1"/M///??-
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, 1976.
Approved as t~rm:'Z'
~~4Zt, 'AMt~~J
C~ty ttorney
FILED
j- ct! ~ t) L::l7t:i
LUCILLE GOFORTH, Cit}! Cled(
IiJJ,.~&M?#/ ~~,..._.DEPUTt
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