HomeMy WebLinkAbout16 THREE-TERM LIMIT 07-18-94/EG ENDA__._
NO. ~5
DATE:
JULY 18, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1~32~ THREE-TERM LI~IT
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No.
(roll call vote).
1132
BACKGROUND:
The following Ordinance No. 1132 was introduced at the July 5, 1994
City Council meeting:
ORDINANCE NO. 1132 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, LIMITING CONSECUTIVE TERMS OF MEMBERS OF THE
CITY COUNCIL
Valerie Whiteman
Chief Deputy City Clerk
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ORDINANCE NO. 1132
AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA,
LIMITING CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL.
Pursuant to California Elections Code 4017, the people of
the City of Tustin hereby ordain as follows:
SECTION 1. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE
TERMS OF MEMBERS OF THE CITY COUNCIL.
Section 1307 of Chapter 3 of Article 1 of the
Tustin City Code is hereby added to read as follows:
"1307 Limitation on Consecutive Terms of Members of the
Council.
(a) Findinqs and Purpose.
The people hereby find and declare:
(1) The Founders established a system of
representative government based upon free, fair, and
competitive elections. The increased concentration of
political power in the hands of incumbent representatives has
made our electorial system less free, less competitive, and
less representative.
(2) The ability of legislators to serve an
unlimited number of terms contributes heavily to the extremely
high number of incumbents who are reelected. This unfair
incumbent advantage discourages qualified candidates from
seeking public office and creates a class of career
politicians, instead of the citizen representatives envisioned
by the Founders. These career politicians become
representatives of the bureaucracy, rather than of the people
whom they are elected to represent.
(3) The purpose of this Ordinance is to
restore a free and democratic system of fair elections, and to
encourage qualified candidates to seek public office, by
limiting the powers of incumbency, by placing limitations upon
the number of cgnsecutive terms which may be served by members
of the City Council.
(b) Limitations on Consecutive Terms for Council
Members.
(1) No person shall be elected as a member of the
City Council for more than three (3) full consecutive terms.
Any member of the City Council who has served three (3)
consecutive terms shall not be reelected as a member of the
City Council for at least two (2) years from the last date of
the second consecutive term.
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current
office.
(2) This Ordinance shall not operate to shorten any
term of members of the City Council presently in
(c) ADDlicabilit¥ of Other Laws.
In the absence of state legislation to allow general
law cities to establish term limits, section 1307(b) will not
be binding on the City until general law cities are authorized
by state legislation to enforce term limits. The voters,
however, can reject candidates who seek public office for more
than three (3) consecutive terms now.
(d) Severabil_~i~.
If any section, subsection, subdivision, sentence,
clause, phrase, or portion to this Ordinance, is for any
reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this
Ordinance. The people of the City of Tustin hereby declare
that they would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or
unconstitutional.
SECTION 2. EFFECTIVE DATE.
Pursuant to Elections Code 4017, the Ordinance shall
become effective upon the City Council's and the City Clerk's
certification that this measure has passed by a majority vote
of the people.
ADOPTED by a vote of the people of the City of Tustin on
the day of , and certified by
the Tustin City Council on the day of ,
1994..
ATTEST:
THOMAS R. SALTARELLI, Mayor
MARY E. WYNN, City Clerk