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Home My WebLink About20-City Clerk ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Rachel G. Clark, CMC, City Subject: Discussion and Possible Clerk Action concerning calling a Special Election to fill the Vacancy of the 2nd Dept: City Clerk Ward Council seat Date: February 15, 2011 M/CC Meeting Date: Feb 22, 2011 Synopsis of Previous Council Action: 7/10/06: Resolution 2006-237 was adopted accepting the resignation of Third Ward Council Member Gordon McGinnis and calling for a special election in the Third Ward and requesting that the Special election be consolidated with the November 7, 2006 Statewide General Election 12/1/08: Resolution 2008-438 was adopted accepting the resignation of Fourth Ward Council Member Neil Derry; calling a Special Election in the Fourth Ward for March 17, 2009...calling the Special Election to be conducted wholly by mail ballots Recommended Motion: That the City Clerk and City Attorney's Office proceed with preparing the required Resolution(s) to call for a special election to be held in the 2nd Ward on Tuesday, , 2011 and that the appropriate Resolution(s) be placed on the March 7, 2011 agenda of the Mayor and Common Council. k-r-� /�. et" Signature Contact person: Rachel G S lark, CMC Phone- ext 3210 Supporting data attached: Yes Ward: 2nd FUNDING REQUIREMENTS: Amount: Unknown at this time Source: (Acct. No.) (Acct np-,cription) Finance: Council Notes: Agenda Item No. J, '- t STAFF REPORT To: Honorable Mayor and Members of the Common Council/Community Development Commission From: Rachel G. Clark, City Clerk Subject: Discussion and Possible Action concerning calling a Special Election to fill the vacancy of the 2nd Ward Council seat Background: On February 16, 2011, Second Ward Council Member Jason Desjardins submitted a formal letter of resignation(See Attachment A), indicating he was resigning from his elected office effective February 11, 2011. 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. The term for the Second Ward Council seat expires on March 3, 2014. Section 2.56.170 C of the Municipal Code states that if a special election is held to fill a vacancy on the Council, it shall be called within thirty days after such vacancy. Consequently, the deadline to call for a special election is March 13, 2011. The Mayor and Council need to set the date for the special election at one of the following regularly scheduled meetings: February 22, 2011 or March 7, 2011, or at a special meeting prior to March 13, 2011. Section 2.56.170 C also provides that the special election be held not less than 90 nor more than 180 days following such vacancy. Given the fact that the Second Ward Council seat became vacant on February 11, 2011, the 90-180 window to hold an election begins on May 12, 2011 and ends on August 10, 2011. During that time frame there are 12 possible dates when the special election could be scheduled; however, after consulting with the County Registrar of Voters, the date recommended to hold the Special Election is Tuesday, July 12, 2011. (See Attachment B). If the Mayor and Council choose to hold the Special Election on July 12, the nomination period would open on March 21, 2011 and close on April 15, 2011. San Bernardino Municipal Code Section 2.56.040 provides that nomination papers shall be issued not earlier than the 113th day nor later than the 88th day before a municipal election. Attached is a matrix (See Attachment C) showing the 12 possible election dates and the nomination period for each of those possible dates, as well as the options for conducting such an election. There has been speculation that the Governor may call an election for June 7, 2011; however, on this date I did place a call to the Secretary of State's Office and they indicated that the Governor has until March 11, 2011 to call for the statewide election and the person I spoke with did not believe that such an election would take place on June 7. 1 Given the uncertainty of not knowing whether or not there will be a statewide election on June 7, I would like to request that the Mayor and Council select the recommended date of July 12, 2011 for a special election in the Second Ward and that it be conducted by mail ballot election. When Fourth Ward Council Member Neil Derry vacated his Council seat in December 2008, we conducted our first all mail ballot special election on March 17, 2009. That special election, conducted by the County Registrar of Voters' Office, went very smoothly. Considering the state of the economy and the City's budget, I believe the City would realize considerable savings if this special election were to be conducted by mail ballots. Coupled with the cost savings that could be realized with a mail ballot election is the fact that voting by mail is increasing in popularity and statistics show that a higher voter turnout is realized. Voters do find it more convenient to vote by mail as they avoid the rush to the polls on election day and avoid lines at the polling place, avoid having to drive to their polling place, and they have the convenience of voting in the privacy of their homes. Those who vote by mail can also track delivery of their voted ballot by going to the Registrar of Voters' website. By providing one or two polling places in the 2nd Ward as was done in 2009, those who prefer the traditional method of voting would be able to go to a polling place or could go to the County Registrar of Voters' Office to cast their ballot. The County Registrar of Voters' Office estimates that a mail ballot election would cost approximately$38,000 compared to an estimated $57,400 to conduct an election that would require setting up polling places, hiring poll workers, etc. These estimates do not include costs that would be incurred by this office for publication of election notices, translations, and printing of candidate materials. The Registrar of Voters believes that the canvass of the special election, if it were to occur on July 12, 2011, could be completed soon after the election, thereby giving the newly-elected Council Member the opportunity to be sworn into office on Monday, August 1, 2011. I am hoping that the Mayor and Council will provide this office with direction on how to proceed with planning for the special election in the Second Ward. With reduced staffing levels and the need to provide potential candidates with an election calendar and information concerning the nomination period, etc., it would assist us to know, with as much advance notice as possible, what your preference is on the matter of holding the special election and when it should be held. Financial Impact: $38,000 for a mail ballot election and $57,400 for a traditional, polling place election. Costs for this special election in the Second Ward and the regular Municipal Election scheduled for November 2011 will need to be added to the FY 2011-2012 budget. Recommendation: Motion: That the City Clerk and City Attorney's Office proceed with preparing the required resolution(s) to call for a special election to be held in the 2nd Ward on Tuesday, , 2011, and that such election be conducted by all mail ballot. Further, that the appropriate resolution(s)be placed on the March 7, 2011 agenda of the Mayor and Common Council. 2 i f February 15, 2011 ATTACM4M A The Honorable Patrick J. Morris, Mayor The Honorable Rachel G. Clark City Clerk Members of the Common Council City of San Bernardino 300 North D Street San Bernardino, CA 92418-0001 Dear Mayor Morris, City Clerk Rachel Clark and Council Members: I have made the decision to resign from my elected position as Council Member of the Second Ward effective Friday, February 11, 2011. It has been an honor to represent the constituents of the Second Ward and to serve as a member of the Common Council of the City of San Bernardino. Sincerely, JASON DESJARDINS 2"d Ward Council Member cc: Virginia Marquez, I"Ward Council Member Tobin Brinker,Mayor Pro Tempore/3`d Ward Council Member Fred Shorett,40`Ward Council Member Chas A.Kelley,5d'Ward Council Member Rikke Van Johnson,6d'Ward Council Member Wendy J.McCammack,7`h Ward Council Member Charles E.McNeely,City Manager REGISTRAR OF VOTERS COUNTY OF SAN BERNARDINO 777 East Rialto Avenue•San Bernardino,CA 92415-0770•(909)387-8300 " Kari 909 387-2022 Ver it Fax i ( ) Registrar of Voters ATTACHMENT B February 15, 2011 Rachel G. Clark, City Clerk City of San Bernardino P.O. Box 1318 San Bernardino, CA 92402 Dear Rachel: This letter is to provide you with information about potential dates for your special vacancy election. As you know, the Governor may call a Special Statewide Election on June 7, 2011, so I am providing you with timelines in the event that your council wants to consider this option. I am also providing timelines for July 12, which is the next available election date that our office can accommodate. June 7, 2011: • Resolution required immediately, with the understanding that the election may not be called. • Nomination Period February 14 — March 11 (Council needs to be aware of shortened nomination period) • It is unclear if the Governor will call this election as a polling place election or a mail ballot election. July 12, 2011 • Resolution calling election to ROV by March 18, 2011 • Nomination Period March 21 —April 15 • Election can be conducted by mail ballot or polling place • Certification can be completed by July 22, possibly earlier. As Always, please feel free to call me at (909) 387-2083, if you need additional information. Sincerely, Kari Verjil Registrar of Voters County of San Bernardino f Board of Supervisors ' GREGORY C. D `IEREAUX BRAD MITZELFELT,Vice Chair............First District NEIL DERRY,.......... ....... ...... ...Third District Chief Executive Officer JANICE RUTHERFORD...................Second District GARY C.OVITT........................ ...Fourth District JOSIE GONZALES,Chair..............Fifth District 3 r U C) F� cd Cd cn E-+ 7b ° cd ° U 0 o 0 W ci d cd cA,3 o ° 00 ob U ,� •� U � b � � N 0O 0 O O N cd a H U W � O ^~ I I I I I I I Cd o O N 6M9 � b9 O W b9 w a/ Q U .- 00 O N cd U o I I I d l _ •� _ W oo a f"+ oo U .--i N DD O a 0 Qw cd cd Q d N N N cd N _ c� cd _� G� N U O rT > 00 >1 oln U 7 ti 3