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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Clerk
Subject: Resolution ...Accepting the
Resignation of Fourth Ward Council
Member Neil Derry; Calling a Special
Election In The Fourth Ward ... For
March 17, 2008... Calling The Special
Election To Be Conducted Wholly By
Mail Ballots, And Other Related Matters
M/CC Meeting Date: 12/1/08
From: Rachel G. Clark, City Clerk
Date: November 18, 2008
Synopsis of Previous Council Action:
7/10/06 Resolution 2006-237 was adopted accepting the resignation ofThird Ward
Council Member Gordon McGinnis and calling of a Special Election in the
Third Ward to Fill the Vacant Seat
10/20/08 There was consensus to hold a Special Election on March 17, 2009 to fill
the vacancy that will be created by the departure of 4th Ward Council
Member Neil Derry
11/17/08 Mayor and Council directed that the Special Election in the 4th Ward be
conducted by all mail ballot and that the appropriate Resolution calling for
the Special Election be placed on the December 1, 2008 agenda.
Recommended Motion:
Adopt the Resolution.
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Signature
Contact person: R.."h,,1 ~ r.1..rk, r.ity r.1"rk
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Supporting data attached:
Yes
Ward: Fourth
FUNDING REQUIREMENTS: Amount: $39,000
Source: (AccL No.) 001-032-5502
(Arrt np",...rirtinn) J=1~('tinnl:: (Pr()f~c;:c:::inn:=:lll
Contractual Services
Finance:
Council Notes:
Asa ~ooJ'- 438
Agenda Item No. q
12./...{)8
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Submitted by: Rachel G. Clark, City Clerk
Council Meeting of December 1, 2008
Subiect:
Resolution Of The Mayor And Common Council Of The City Of San
Bernardino Accepting The Resignation Of Fourth Ward Council Member
Neil Derry; Calling A Special Election In The Fourth Ward Of The City For
March 17,2009 To Fill The Vacant Council Seat In Said Ward, Calling The
Special Election To Be Conducted Wholly By Mail Ballots; And Other
Related Matters
Backl!round:
Council member Neil Derry was elected to a seat on the San Bernardino County Board of
Supervisors and he will be assuming office at noon on Monday, December 1,2008.
The vacancy that will be created with the departure of Council member Derry necessitates that a
special election be called to fill his unexpired term. Council member Derry's current term
expires on March I, 20 I O.
Section 14A of the City Charter provides that a vacancy on the Common Council shall be filled
for the unexpired term through the election of a successor Council member. Section 2.56.170 of
the Municipal Code states that the Mayor and Common Council shall call a special election to be
held on a Tuesday, not less than 90 nor more than 180 days following such a call.
At the October 20,2008 Council meeting, there was consensus among the members of the City
Council to hold the special election in the Fourth Ward on March 17,2009; and, at the
November 17, 2008 Council meeting, further direction was given that such election be conducted
wholly by mail ballots.
The special election will be a stand-alone election and we will be contracting with the County
Registrar of Voters Office to conduct the election. The City Clerk's Office will issue
nomination papers and the nomination period will open on December 18, 2008 and close at noon
on January 8,2009. Candidates interested in running for the vacancy must be registered voters
and a resident of the Fourth Ward for at least thirty (30) consecutive days next preceding the date
of filing of nomination papers.
Financial Impact:
Funds are allocated in the FY 08/09 budget to cover the costs of this special election. Estimated
cost of conducting this special election is $39,000.
Recommendation: Adopt the Resolution.
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CC~lPV
RESObUTION NO. _
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF FOURTH WARD COUNCIL
3 MEMBER, NEIL DERRY; CALLING A SPECIAL ELECTION IN THE FOURTH WARD
OF THE CITY FOR MARCH 17,2009 TO FILL THE VACANT COUNCIL SEAT IN SAID
4 WARD, CALLING THE SPECIAL ELECTION TO BE CONDUCTED WHOLLY BY MAIL
BALLOTS; AND OTHER RELATED MATTERS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. WHEREAS, Neil Derry, Council Member of the Fourth Ward of the City of San
Bernardino, has submitted his resignation from such position effective December 1,2008 at 11 :59
a.m. and,
B. WHEREAS, 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.
C. WHEREAS, Section 2.56.170 of the San Bernardino Municipal Code sets forth the
procedure for special elections held in the City.
D. WHEREAS, Section 2.56.171 of the San Bernardino Municipal Codes sets forth
that where a vacancy exists on the Common Council, the Council may, as an alternative to the
procedure outlined in Section 2.56.170, call a special election to be held on a Tuesday, within the
time limits set by Section 2.56.170 to be conducted wholly by mail ballots.
SECTION 2. Acceotinl!: The Resil!:nation. That the resignation of Fourth Ward Council
Member, Neil Derry is accepted effective December 1, 2008 at 11 :59 a.m.
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SECTION 3. Special Municioal Election Called. A special municipal election is hereby
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Ward.
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SECTION 4. Conduct of Election. Pursuant to Section 2.56.170 of the San Bernardino
jfw/js [Election Documents fourth Ward Special Election2.Resolutionl
I RESOLUTION OFTHE MAYeR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF FOURTH WARD COUNCIL
2 MEMBER, NEIL DERRY; CALLING A SPECIAL ELECTION IN THE FOURTH WARD
OF THE CITY FOR MARCH 17,2009 TO FILL THE VACANT COUNCIL SEA TIN SAID
3 WARD, CALLING THE SPECIAL ELECTION TO BE CONDUCTED WHOLLY BY MAIL
BALLOTS; AND OTHER RELATED MATTERS.
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two polling places located as shall be determined by the City Clerk and the Registrar of V oters of
the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is
hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
holding ofthe special election. The polls for said election shall be open at 7 a.m. of the day of said
election and shall remain open continuously from that time until 8 p.m. ofthe same day when said
polls shall be closed, except as provided in Section 14401 of the California Elections Code. The
Mayor is authorized to execute a contract for the services necessary for conducting the special
municipal election. The City of San Bernardino recognizes that additional costs will be incurred
by the County by reasons of this election and agrees to reimburse the County for such costs.
SECTION 5. Notice of Election and Candidates Statement. The City Clerk shall cause
to be published the notice of election as required by Section 12101 of the Elections Code.
Candidate statements shall be filed as required by Section 13307 of the Elections Code, and
forth in said election.
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SECTION 6. Nomination Period. The nomination period for the special municipal
election shall be from December 18,2008 to 12:00 p.m. on January 8, 2009.
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SECTION 7. MaHin!! of Ballots and Pollin!! Places.
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Official Ballots shall be mailed together with the sample ballot pamphlet and an envelope for
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return of the official ballot. Voted ballots must be returned to the Registrar of Voters Office or
to one of the polling places, at least one of which will be located in the Fourth Ward and one shall
be at the City Clerk's Office. Voted ballots must be returned no later than 8:00 p.m. on Tuesday,
March 17, 2009.
SECTION 8. Canvass of Returns. The Registrar of Voters of the County of San
Bernardino is hereby authorized to canvass the returns of the special municipal election. Results
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jfw/js [Election Documents fourth Ward Special Election2.Resolution)
1 RESOLUTION OF THE MA YOO AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGN A TION OF FOURTH WARD COUNCIL
2 MEMBER, NEIL DERRY; CALLING A SPECIAL ELECTION IN THE FOURTH WARD
OF THE CITY FOR MARCH 17,2009 TO FILL THE VACANT COUNCIL SEAT IN SAID
3 WARD, CALLING THE SPECIAL ELECTION TO BE CONDUCTED WHOLLY BY MAIL
BALLOTS; AND OTHER RELATED MATTERS.
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of the special municipal election shall be certified to the Mayor and Common Council of the City
of San Bernardino.
SECTION 9. Filinl! of Resolution. The City Clerk of the City of San Bernardino is
directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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jfw/js [Election Documents fourth Ward Special Election2.Resolution]
1 RESOLUfIeN OF THE MA y()R AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF FOURTH WARD COUNCIL
2 MEMBER, NEIL DERRY; CALLING A SPECIAL ELECTION IN THE FOURTH WARD
OF THE CITY FOR MARCH 17,2009 TO FILL THE VACANT COUNCIL SEATIN SAID
3 WARD, CALLING THE SPECIAL ELECTION TO BE CONDUCTED WHOLL YBY MAIL
BALLOTS; AND OTHER RELATED MATTERS.
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1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
, 2008, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
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,2008.
The foregoing Resolution is hereby approved this _ day of
Patrick J. Morris, Mayor
City of San Bernardino
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-;;f-; 1tJ'~
es F. Penman, City Attorney
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jfw/js [Election Documents fourth Ward Special Election2.Resolutionl