HomeMy WebLinkAbout2013-302 1 RESOLUTION NO. 2013-302
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO CALLING A SPECIAL ELECTION TO FILL THE VACANCY IN
4 THE WARD FIVE COUNCIL SEAT FOR TUESDAY, FEBRUARY 4, 2014 TO BE
CONDUCTED BY THE COUNTY OF SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
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A. At a general election held on the 8th day of November, 2011, Chas Kelley was
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to duly and regularly elected as a member of the Common Council for the Fifth Ward of the City
11 of San Bernardino; and
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B. On October 17, 2013 Council Member Chas Kelley submitted his resignation of
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his seat as Council Member of the 5th ward and at an arraignment on the 17th day of October,
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15 Council Member Chas Kelley plead guilty to one felony count of perjury; and
16 C. Pursuant to Elections Code §20 Mr. Kelley is prohibited from holding public
17 office and as a term of his pending sentence, Mr. Kelley was required to resign his position as
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Council Member; and
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D. Charter Section 14-A sets forth that a vacancy on the common council, from
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21 whatever cause arising, shall be filled for the unexpired term thereof through the election of a
22 successor Council Member by the qualified electors of the ward in which the vacancy has
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occurred; and
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E. Municipal Code Section 2.56.170 lays forth the procedure for calling a special
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26 election; and
27 F. Municipal Code section 2.56.171 allows the special election to be conducted
28 wholly by mail ballots; and
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2013-302
1 G. It is in the city's financial interest to consolidate the special election and any
2 potential run-off election from the November 5, 2013 primary Municipal election;
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SECTION 2. Special Election Called. A special election is called and will be held in
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the City of San Bernardino on Tuesday, February 4, 2014, for the purpose of electing a Council
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6 Member for the Fifth Ward.
7 SECTION 3. Canvass of Returns. The Registrar of Voters of the County of San
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Bernardino is hereby authorized to canvass the returns of the special election called by this
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resolution. Results of the special election shall be certified to the Mayor and Common Council
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11 of the City of San Bernardino.
12 SECTION 4. Notice of Election. The City Clerk is hereby directed to publish a
13 notice of the special election which shall contain the following:
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A. The time of the election.
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B. The offices to be filled, specifying full or short term.
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17 C. The hours the polls will be open.
18 SECTION 5. Filing of Resolution. The City Clerk of the City of San Bernardino is
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directed to file a certified copy of this resolution with the Board of Supervisors of the 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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28 III
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2013-302
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION TO FILL THE VACANCY IN
2 THE WARD FIVE COUNCIL SEAT FOR TUESDAY, FEBRUARY 4, 2014 TO BE
3 CONDUCTED BY THE COUNTY OF SAN BERNARDINO.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 joint regular meeting thereof, held on
Common Council of the City of San Bernardino at a g
6 the 21st day of October , 2013, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ x
10 JENKINS x
11 VALDIVIA x
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SHORETT x
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14 VACANT
15 JOHNSON x
16 MCCAMMACK X
17 2e6,7Q Qi.wri,
18 41_ Se r ea rn Hannaity ie.r4
19 The foregoing Resolution is hereby approved this E. day of November , 2013.
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21 .trick J Morris, Mayor
City of San Bernardino
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Approved as to form:
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24 es F. Penman
25 I ' ity Attorney
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