HomeMy WebLinkAboutNB 2 INITIATIVE MEASURE 5-15-89NEW BUS INESS
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROH:
SUBJECT:
BACKGROUND:
CITY AT"I"O~Y
INITIATIVE MEASURE
At the last meeting of the City Council Ms. Carol Bryant
addressed the City Council and said that she .intended to
institute proceedings for an initiative measure to limit the
terms of members of the City Council. She also asked that the
Council direct the City Attorney to provide legal advice to her
in connection with that effort.
1. First, in reference to the request that the City Council
direct the City Attorney to act as a legal advisor.to Ms. Bryan.t,
I would advise the Council that in my opinion this would, be
inappropriate. The City Attorney represents and advises the City
and it would be inappropriate for the City Attorney to advise
persons who wish to initiate proceedings to place ballot measures
of interest to them before the.voters. To do so would raise a
possibility of a future conflict of interests between or among
the advocate or advocates of such a measure, the City and/or
other members of the public. There are many capable lawyers who
are available t,o provide Competent legal advice to Ms. Bryant.
For the City Attorney to be involved in advising the proponent or
proponents of how the measure should be drafted, what procedures
should be followed, etc. would only be inviting future problems.
Further, I do not think it would even be in the best interests of
the ad.vocates of such measures for them to have the City Attorney
as their legal advisor. Accordingly, I would recommend that
the City Council not direct the City Attorney to act as an
advisor to Ms. Bryant or any other initiative group;
2. Secondly, it is my opinion that an initiative to limit
the .number of terms of members of the City Council of a general
law city could not be validly adopted.
Cities in California are of two types, charter cities and
general law cities. Charter cities each have a charter,
something like a constitution, specially adbpted by the
California Legislature for the particular city. The charter may
contain provisions which are unlike those of any other city in
the state and only apply to the particular ci.ty for which the
Charter was adopted. All cities which are not charter cities are
called "general law cities" and they are governed by the general
laws of the State of California, primarily, but not exclusively,
contained in the Government Code of the State of California. All
cities (charter and general law) have only those powers which are
given by the California Constitution and by the legislature of
the State of California. General law cities have only those
powers which are specifically granted to them by the state
legislature. All cities so organized are controlled by the
provisions of the general laws. The Government Code of the State
of California sets forth as part of the general laws applicable
to general law cities the provisions which regulate city
councils, 'how council members are elected, what terms they have,
when their elections are to be held, etc. Except, unless and
until the City of Tustin would adopt a charter which contained or
authorized a term-limiting provision, the City Council could not,
in my opinion, adopt a valid term-limiting restriction, and the
electorate cannot enact any ordinance which the City Council.
itself would not have the power to enact.
RECOMMENDATION:
It is recommended that the City Council decline to direct
that the City Attorney provide legal advice and/or assistance to
Ms. Bryant concerning any initiative measure.
E
City Attorney
JGR:cas :R: 5/9/89: l12f. tw
cc: WH