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HomeMy WebLinkAbout37-City Attorney , REQUEST F~ COUNCIL ACTION , CITY OF SAN BERNADINO - From: James F. Penman Subject: Ordinance of the City of San Bernardino adding Sections 2.56.173 and 2.56.175 to the San Bernardino Municipal Code relating to uncontested elections. Dept: City Attorney DaU: November 6, 1990 Synopsis of Previous Council ection: None. ,. '" ~ ;;:.:~ "". ..... ~ 'I'I , (J) ..... ..i..... -".. _c'".. ''''"'' \,,,' ..,., Recommended motion: That further reading of said ordinance be waived and it be laid over for final passage. ~A) ~ Signature Contect person: Dennis Barlow Phone: 384-5355 Supporting dati ett8ched: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriDtionl Finance: Council Notes: Aaenda Item No. 37 . , CITY OF SAN BERNJlADINO - REQUEST F'" COUNCIL ACTION STAFF REPORT Currently if only one person files as a candidate for a City office an election is still held at significant City expense. The attached ordinance would provide that in regular and special municipal elections if only one person files as a candidate or if no one files, then upon publication of that fact and notification by the Clerk to the mayor and Common Council, the election for that office could be cancelled, and the candidate could be appointed. If there is no candidate then any qualified individual could be appointed. This proposal is consistent with the power granted by the Elections Code to general law cities. 75-0264 , , o o 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 2.56.173 AND 2.56.175 TO THE SAN BERNARDINO MUNICIPAL CODE 3 RELATING TO UNCONTESTED ELECTIONS. 10 11 12 13 14 15 16 17 18 19 20 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 Section 2.56.173 is hereby added to the San SECTION 1. 6 7 8 9 Bernardino Municipal Code to read as follows: "2.56.173 Uncontested regularly scheduled election. (a) If, by 5 P.M. on the 63rd day prior to the day fixed for a regularly scheduled municipal election, no one or only one person has been nominated for any office which is elected on a citywide basis, or no one or only one person is nominated to be elected from or by a ward, the City Clerk shall submit a certificate of these facts to the Mayor and Common Council and inform the Mayor and Common Council that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action: (1) Appoint to the office the person who has been nominated. (2) Appoint to the office any eligible elector if no 21 one has been nominated. 22 (3) Hold the election if either no one or only one 23 24 25 26 27 person has been nominated. The City Clerk shall publish a notice of the facts described in this section and the courses of action available under this subdivision. Publication shall be made pursuant to Section 6061 of the Government 28 DABfsesfElection.ord November 5, 1990 1 , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 o o code in any newspaper of general circulation as designated by the Clerk. After the fifth day following the date of publication, the Mayor and Common Council may make the appointment or direct an election to be held in the affected territory. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. If, by the 50th day before the municipal election, no. person has been appointed to office pursuant to paragraphs (1) or (2), the election shall be held. "(b) Notwithstanding Elections Code Section 7300 et seq. or any other provision of law to the contrary, if the Mayor and Common Council makes an appointment pursuant to subdivision (a), the clerk shall not accept for filing. any statement of write-in candidacy which is submitted after the appointment is made. In the event than an appointment is made in a particular ward pursuant to subdivision (a), that appointment shall not affect the conduct of the municipal election in other legislative districts of the City." SECTION 2. Section 2.56.175 is hereby added to the San 24 Bernardino Municipal Code to read as follows: 25 "2.56.175 Uncontested special election to fill vacancy in 26 office. 27 28 / / / DAB/ses/E1ection.ord November 5, 1990 2 . > 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O. o "(a) If, by 5 P.M. on the 63rd day before a municipal election to fill a vacancy on the Council as called pursuant to Section l4-A of the Charter, no one or only one person has been nominated for such office to be filled at that election, the City clerk shall submit a certificate of these facts to the Mayor and Common Council and inform the Mayor and Common Council that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action: (1) Appoint to such office the person who has been nominated. (2) Appoint to such office any eligible elector if no one has been nominated. (3) Hold the election if either no one, or only one person, has been nominated. The City clerk shall publish a notice of the facts described in this Section and the courses of action available under this subdivision. publication shall be made pursuant to Section 6061 of the Government Code in any newspaper of general circulation as designated by the Clerk. After the fifth day following the date of publication, the Mayor and Common Council may make such an appointment or direct an election to be held. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for that office. If, DAB/ses/Election.ord November 5, 1990 3 2 3 10 11 12 - 13 14 15 16 17 18 19 20 21 22 23 24 o o 1 ORDINANCE. .RELATING TO UNCONTESTED ELECTIONS. by the 50th day before the municipal election, no person has been appointed to office pursuant to 4 paragraphs (1) or (2), the election shall be held. "(b) Notwithstanding Elections Code Section 7300 et seq. or 5 6 7 8 9 any other provision of law to the contrary, if the Mayor and Common council make an appointment as provided in this Section, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made." I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1990, by the following vote, to wit: day of Council Members: AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER 25 26 City Clerk 27 / / / / / / 28 DAB/ses/Election.ord November 5, 1990 4 . 1 2 3 4 10 11 12 13 14 15 16 17 18 - o o ORDINANCE. . .RELATING TO UNCONTESTED ELECTIONS. The foregoing ordinance is hereby approved this of , 1990. day 5 W. R. Holcomb, Mayor City of San Bernardino 6 Approved as to form and legal content: 7 8 9 JAMES F. PENMAN, City Attorney B~ntc.J 19 20 21 22 23 24' 25 26 27 28 5 DAB/ses/E1ection.ord November 5, 1990