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. .CITY OF SAN BERt" \RDINO - REQUEST ~OR COUNCIL ACTION
From:
Jerry Devlin
Subject:
Resolution of the City of
San Bernardino Proposing
An Amendment Of The Charter
Of Said City Relating To
The Recall
Dept:
Council OffiCE>'
Date:
August 10, 1994
Synopsis of Previous Council action:
None
Recommended motion:
Adopt the resolution
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Contact person:
Phone:
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. !-Io.!
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE RECALL
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Rec~tals.
(a) In accordance w~th the Const~tut~on of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(b) The Mayor and Common Council of the City of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2. Submittal to Electors.
The following proposed amendment to the Charter of the City
of San Bernardino is submitted to the qualified electors of the
Ci ty of San Bernardino for their approval or rej ection at the
consolidated municipal election to be held on Tuesday, March
,
1995.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Section 122 of the Charter of the City
of San Bernardino be amended to read as follows:
"Section 122. The Recall.
Proceedings may be commenced for recall of the holder of any
elect~ve office of th~s 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 c~rculate a recall
petition.
Such proceedings 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 days and no recall
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RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF
THE C;~RTER OF SAID CITY RELATING TO THE RECALL
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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 thirty percent (30%) of all votes
cast for all candidates for the office at the election at which
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the incumbent was last elected to the office. 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, personally 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. Wi thin 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 be the statement of the proponents and
if an answer is filed, shall serve a copy thereof, personally or
be 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
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RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF
THE C:'~RTER OF SAID CITY RELATING TO THE RECALL
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
of substance 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 circulation, as described in
Sections 6000 to 6066 of the Government Code, adjudicated as such.
Seven (7) daya 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, 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 paper shall make
oath before an officer qualified to administer oaths, that the
statements therein made are true, and that each signature to the
paper appended, is the genuine signature of the person whose name
purports to be thereunto subscribed.
Within thirty (30) days
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. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF
THE CU~RTER OF SAID CITY RELATING TO THE RECALL
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 patition a certificate showing the
result of said examination. If, by the City Clerk's certificate,
the petition is shown to be insufficient, it may be amended within
forty-five (45) days from the date of said certificate. The City
Clerk shall, within thirty (30) days after such amendment, 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 otherwise, in writing, the City Clerk shall place his
name on the official ballot without nomination.
In any such
removal election, the candidate receiving the highest number of
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RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF
THE C:~RTER OF SAID CITY RELATING TO THE RECALL
votes shall be declared elected. At such election, if some other
person than the incumbent receives the highest number of votes,
the incumbent shall thereupon be deemed removed from the office
upon qualification of his successor.
In case the party who
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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."
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RESOLUTION ,-.' THE CITY OF SAN BERNARDIN~ PROPOSING AN AMENDMENT OF
THE CHARTER OF SAID CITY RELATING TO THE RECALL
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I HEREBY CERTIFY that the foregoing Resolution was duly
3 adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on the
day of
, 1994, by the following vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing Resolution is hereby approved this
day
of
, 1994.
Tom Minor, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
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