HomeMy WebLinkAbout2008-438
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RESOLUTION NO. .1ill&-438
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF FOURTH WARD COUNCIL
3 MEMBER, NEIL DERRY; CALLING A SPECIAL ELECTION IN THE FOURTH WARD
OF THE CITY FOR MARCH 17, 2009 TO FILL THE VACANT COUNCIL SEAT IN SAID
4 WARD, CALLING THE SPECIAL ELECTION TO BE CONDUCTED WHOLL YBYMAIL
BALLOTS; AND OTHER RELATED MATTERS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. WHEREAS, Neil Derry, Council Member of the Fourth Ward of the City of San
Bernardino, has submitted his resignation from such position effective December 1,2008 at 11 :59
a.m. and,
B. WHEREAS, Section 14-A of the City Charter requires that the unexpired term of
a Council Member shall be filled through the election of a successor by the qualified electors of
the Ward in which the vacancy has occurred.
C. WHEREAS, Section 2.56.170 of the San Bernardino Municipal Code sets forth the
procedure for special elections held in the City.
D. WHEREAS, Section 2.56.171 of the San Bernardino Municipal Codes sets forth
that where a vacancy exists on the Common Council, the Council may, as an alternative to the
procedure outlined in Section 2.56.170, call a special election to be held on a Tuesday, within the
time limits set by Section 2.56.170 to be conducted wholly by mail ballots.
SECTION 2. AcceDtinl! The Resilmation. That the resignation of Fourth Ward Council
Member, Neil Derry is accepted effective December 1,2008 at 11 :59 a.m.
SECTION 3. Special MuniciDal Election Called. A special municipal election is hereby
called and will be held in the City of San Bernardino on Tuesday, March 17, 2008, to be held
solely within the Fourth Ward for the purpose of electing a Council Member from the Fourth
Ward.
SECTION 4. Conduct of Election. Pursuant to Section 2.56.170 of the San Bernardino
Municipal Code, the special municipal election so called shall be conducted by all mail ballot with
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jfw/js [Election Documents fourth Ward Special Election2.Resolution]
2008-438
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF FOURTH WARD COUNCIL
2 MEMBER, NEIL DERRY; CALLING A SPECIAL ELECTION IN THE FOURTH WARD
OF THE CITY FOR MARCH 17,2009 TO FILL THE VACANT COUNCIL SEAT IN SAID
3 WARD, CALLING THE SPECIAL ELECTION TO BE CONDUCTED WHOLLY BY MAIL
BALLOTS; AND OTHER RELATED MATTERS.
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two polling places located as shall be determined by the City Clerk and the Registrar of V oters of
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the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is
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hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
holding of the special election. The polls for said election shall be open at 7 a.m. of the day of said
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election and shall remain open continuously from that time until 8 p.m. of the same day when said
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polls shall be closed, except as provided in Section 14401 of the California Elections Code. The
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Mayor is authorized to execute a contract for the services necessary for conducting the special
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municipal election. The City of San Bernardino recognizes that additional costs will be incurred
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by the County by reasons of this election and agrees to reimburse the County for such costs.
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SECTION 5. Notice of Election and Candidates Statement. The City Clerk shall cause
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to be published the notice of election as required by Section 12101 of the Elections Code.
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Candidate statements shall be filed as required by Section 13307 of the Elections Code, and
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candidates shall pay such fees established by the County of San Bernardino for the purposes set
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forth in said election.
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SECTION 6. Nomination Period. The nomination period for the special municipal
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SECTION 7. Mailin!!: of Ballots and Pollin!!: Places.
Official Ballots shall be mailed together with the sample ballot pamphlet and an envelope for
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return of the official ballot. Voted ballots must be returned to the Registrar of Voters Office or
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to one of the polling places, at least one of which will be located in the Fourth Ward and one shall
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be at the City Clerk's Office. Voted ballots must be returned no later than 8:00 p.m. on Tuesday,
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March 17,2009.
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SECTION 8. Canvass of Returns. The Registrar of Voters of the County of San
Bernardino is hereby authorized to canvass the returns of the special municipal election. Results
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jfw/js [Election Documents fourth Ward Special Election2.Resolution]
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2008-438
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF FOURTH WARD COUNCIL
2 MEMBER, NEIL DERRY; CALLING A SPECIAL ELECTION IN THE FOURTH WARD
OF THE CITY FOR MARCH 17, 2009 TO FILL THE VACANT COUNCIL SEAT IN SAID
3 WARD, CALLING THE SPECIAL ELECTION TO BE CONDUCTED WHOLL YBYMAIL
BALLOTS; AND OTHER RELATED MATTERS.
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of the special municipal election shall be certified to the Mayor and Common Council ofthe City
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of San Bernardino.
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SECTION 9. Filinl! of Resolution. The City Clerk of the City of San Bernardino is
directed to file a certified copy of this Resolution with the Board of Supervisors ofthe County of
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San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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jfW/js [Election Documents fourth Ward Special Election2.Resolution)
2008-438
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF FOURTH WARD COUNCIL
2 MEMBER, NEIL DERRY; CALLING A SPECIAL ELECTION IN THE FOURTH WARD
OF THE CITY FOR MARCH 17,2009 TO FILL THE VACANT COUNCIL SEAT IN SAID
3 WARD, CALLING THE SPECIAL ELECTION TO BE CONDUCTED WHOLL YBY MAIL
BALLOTS; AND OTHER RELATED MATTERS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
meeting thereof, held
on the 1st
day of December
, 2008, by the following vote, to wit:
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COUNCIL MEMBERS:
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ESTRADA
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BAXTER
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MCGINNIS
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VACANT
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KELLEY
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JOHNSON
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MCCAMMACK
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AYES
NAYS
ABSTAIN ABSENT
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G...J...J.. h - ~
Ra~el G. Clark, City Clerk
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The foregoing Resolution is hereby approved this ~ day of December
,2008.
22 Approved as to Form:
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24 By: kv -::f;/u't.-..-.
25 JaMes F. Penman, City Attorney
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jfw/js [Election Documents fourth Ward Special Election2.Resolution]