HomeMy WebLinkAbout22 TERM LIMIT ORD 06-06-94 GENDA
DATE: ~I~,Y :2~, z...
TO:
FROM:
SUBJECT:
KoNoRABLB'MAYOR AND CITY COUNCZL
CITY ATTORNEY
PROPOSED TEltM LIHIT ORDINANCE
Enclosed is the tern limit ordinance proposed to be
approved by the City. Council and submitted to the electorate.
This is basically the "Option B" draft which was
submitted to the Council by members of the public. We also enclose
a copy of the draft submitted by the public.
~om~D:~~ ~,. ~c~.~
Enclosures
cc: William Huston, City Manager
City Attorney
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(2) This Ordinance shall not operate to shorten'an}
current term of members of the City Council presently in
office.
(c) Apolicab%lit¥ of Other baw~.
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 two (2) consecutive terms now.
(d) _Severability.
If any sectionv 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 measurehas 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
199{. '
THOMAS R. SALTARELLI, Mayor
ATTEST:
MARY E. WYNN, City Clerk
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ORDINANCE NO. __~
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 i of the
Tustin City Code is hereby added to read as follows:
"1307 Limitat~o~ on Consecutive Ter~_$ of Members of the
(a) Findings 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 abilit~ 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 consecutive terms which may be served by members
of the.City Council.
(b) Limitations on Consecutive Terms for Council
(1) No person shall be elected as a member of the
City Council for more than two (2) full consecutive terms.
.Any member of the City Council who has served two (2)
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.
OPTION B
PROPOSED BY
TUSTIN CONNUNITY.PARTICIPAIITS
5-16-94 DRAFT FOR"PUBLIC COHM~NT
ORDIN~ICE NO.
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 Tusttn hereby ordain as followst
SECTION 1. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE TERMS OF
MEMBERS OF THE CITY COUNCIL.
Section 1307 of Chapter 3 of Article I of the Tustin
Municipal Code is hereby added to read as followst
'1307 Limitation on Consecutive Terms of Member$ of the council.
(a) Flndinqs and Purpose.
The People hereby find and declarer
(1) The Founders established a system of
representative government based upon free, falr, 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 qualSfied candidates from seeking publlc office and
creates a class of career politicians, lnstead 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 ts to restore a free
and democratic system of fair elections, and to encourage qualified
candidates to seek publlc office, by llmlting the powers of
incumbency, by placing limitations upon the number of consecutive
terms which Bay be served by members of the Clty Council.
(b) Limitations,on Consecut~v~ Terns for Council Member~.
(1) No person shall be elected as a member of the City
Council for more than two (2) full consecutive terms and no person
who has been a member for more than two (2) years of a term to
which he or she was appointed or first elected shall be elected to
the City Council more than one (1) further consecutive term. Any
member of the City Council who has served two (2) consecutive terms
shall not be reelected as a member of the City Council for at least
~ ~ years from the last date of the second consecutive term.
(2) This Ordinance shall not operate to shorten any
current term of members of the City Council presen=ly in office.
Option B
Ordinance No.
Page 2
(c) Applicability of Other Laws.
In the absence of state legislation to allow general law
cities to establish term limits, section 1397(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 two(2)
consecutive terms now.
(d) ~everability.
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 City
Council hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective o£ 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 4917. the Ordinance shall
become effective upon the City Council's and 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 NovembeF 1994, and certified by the Tustin City Council
on the ___ day of 1994.
THOMAS J. SALTARELLI, Mayor
ATTEST~
MARY E. WYNN, City Clerk