HomeMy WebLinkAbout06- Council Office ,CITY OF SAN BERN 41,RDINO - REQUEST FOR COUNCIL ACTION
From: Jerry Devlin Subject: Resolution of the City of
San Bernardino Proposing
Dept: Council Office' An Amendment Of The Charter
Of Said City Relating To
Date: August 10, 1994 The Recall
Synopsis of Previous Council action:
None
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Recommended motion:
Adopt the resolution
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Signature
Contact person: Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
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(Acct. Description)
Finance:
Council Notes:
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75.0262 Agenda Item No.—
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE RECALL
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. Recitals.
6 (a) In accordance with the Constitution of the State of
7 California, the City of San Bernardino, a municipal corporation,
g has adopted a Charter.
9 (b) The Mayor and Common Council of the City of San
10 Bernardino desire to submit to the electors the Charter Amendment
11 set forth in this resolution.
12 SECTION 2. Submittal to Electors.
13 The following proposed amendment to the Charter of the City
14 of San Bernardino is submitted to the qualified electors of the
15 City of San Bernardino for their approval or rejection at the
16 consolidated municipal election to be held on Tuesday, March ,
17 1995.
18 PROPOSED CHARTER AMENDMENT NO.
19 It is proposed that Section 122 of the Charter of the City
20 of San Bernardino be amended to read as follows:
21 "Section 122. The Recall.
22 Proceedings may be commenced for recall of the holder of any
23 elective office of this City and the election of a successor of
24 the holder sought to be removed by the service, filing and
25 publication of a notice of intention to circulate a recall
26 petition. Such proceedings may not be commenced against the
27 holder of an office unless, at the time of commencement; the
28 holder has held office for at least ninety days and no recall
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF
2 THE C::ARTER OF SAID CITY RELATING TO THE RECALL
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4 petition has been filed against such holder within the preceding
5 six months. A petition demanding the recall of the officer sought
6 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
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10 affixed to the petition until the proponents have served, filed
11 and published a notice of intention to circulate a recall
12 petition, containing the name of the officer sought to be recalled
13 and the title of his office, a statement in not more than 500
14 words of the grounds on which the recall is sought, and the name
15 and address of at least one, but not more than five proponents.
16 The notice of intention shall be served, personally or by
17 certified mail, on the officer sought to be recalled, and a copy
thereof with a certificate of the time and manner of service shall
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be filed with the clerk of the legislative body. Within seven ( 7 )
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days after the filing of the notice of intention, the officer
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sought to be recalled may file with the City Clerk an answer in
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not more than 500 words to be the statement of the proponents and
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if an answer is filed, shall serve a copy thereof, personally or
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be certified mail, on one of the proponents named in the notice of
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intention. At the time the proponents publish the notice and
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statement referred to above, the officer sought to be recalled may
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have the answer published at his expense. If the answer is to be
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published the officer shall file with the City Clerk at the time
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF
2 THE C_'-NRTER OF SAID CITY RELATING TO THE RECALL
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4 the answer is filed a statement declaring his intent that the
5 answer be published. The statement and answer are intended solely
s for the information of the voters and no insufficiency in the form
of substance thereof shall affect the validity of the election or
8 proceedings. The notice and statement as referred to above, and
9 the answer, if it is to be published shall be published at least
10 once in a newspaper of general circulation, as described in
11 Sections 6000 to 6066 of the Government Code, adjudicated as such.
12 Seven ( 7 ) days after the publication of the notice,
13 statement and answer, if it is to be published, the recall
petition may be circulated and signed. The petition shall bear a
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15 copy of the notice of intention, statement and answer, if any. If
the officer has not answered, the petition shall so state.
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17 Signatures shall be secured and the petition filed within sixty
( 60) days from the filing of the notice of intention. If such
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petition is not filed within the time permitted by this section,
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the same shall be void for all purposes. The signatures to the
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petition need not all be appended to one paper; but each signer
21 shall add to his signature his
g place of residence, giving the
22 street and such other identification as may be required by the
23 registration law. One of the signers of each paper shall make
24 oath before an officer qualified to administer oaths, that the
25 statements therein made are true, and that each signature to the
26
paper appended, is the genuine signature of the person whose name
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purports to be thereunto subscribed. Within thirty (30) days
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3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF
THE C"NRTER OF SAID CITY RELATING TO THE RECALL
2
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4 after the date of filing such petition the City Clerk shall
5 examine and ascertain whether or not said petition is signed by
6 the requisite number of qualified electors and, if necessary, the
7 Council shall allow extra help for that purpose, and the City
Clerk shall attach to said petition a certificate showing the
8
result of said examination. If, by the City Clerk' s certificate,
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the petition is shown to be insufficient, it may be amended within
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forty-five (45 ) days from the date of said certificate. The City
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Clerk shall, within thirty (30) days after such amendment, make
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like examination of the amended petition, and, if his certificate
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shall show the same to be insufficient it shall be void for all
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purposes. If the petition shall be found to be sufficient, the
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City Clerk shall submit the same to the Council without delay and
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the Council shall thereupon order and fix a date for holding said
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election, not less than fifty ( 50) days, nor more than seventy
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( 70) days from the date of the City Clerk's certificate to the
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Council that a sufficient petition is filed.
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The City Council and the City Clerk shall make, or cause to
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be made, publication of notice and all arrangements for
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conducting, returning and declaring the results of such election
23 in the same manner as other City elections. Any person sought to
24 be removed may be a candidate to succeed himself and, unless he
2`' requests otherwise, in writing, the City Clerk shall place his
name on the official ballot without nomination. In any such
27 removal election, the candidate receiving the highest number of
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4
1 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF
THE G::ARTER OF SAID CITY RELATING TO THE RECALL
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votes shall be declared elected. At such election, if some other
5 person than the incumbent receives the highest number of votes,
6 the incumbent shall thereupon be deemed removed from the office
7 upon qualification of his successor. In case the party who
8 received the highest number of votes should fail to qualify within
9 ten ( 10) days after receiving notification of election, the office
10 shall be deemed vacant. If the incumbent receives the highest
11 number of votes he shall continue in office. The successor of any
12 officer so removed shall hold office during the unexpired term of
his predecessor. "
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5
RESOLUTION ? THE CITY OF SAN BERNARDI PRCPOSING AN AMENDMENT OF
THE CHARTER OF SAID CITY RELATING TO THE RECALL
1
2 I HEREBY CERTIFY that the foregoing Resolution was duly
3 adopted by the Mayor and Common Council of the City of
4 San Bernardino at a meeting thereof, held on the
5 day of 1994, by the following vote, to-wit:
6 Council Members: AYES NAYS ABSTAIN ABSENT
7 NEGRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 DEVLIN
12 POPE-LUDLAM
13 MILLER
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16 City Clerk
17 The foregoing Resolution is hereby approved this day
Of 1994.
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19
Tom Minor, Mayor
20 City of San Bernardino
21 Approved as to form
and legal content:
22
JAMES F. PENMAN,
23 City Attorney
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By:
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