HomeMy WebLinkAboutAGENDA REPORT 1988 0615 CC REG ITEM 11F ,2-Gssty)
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LAW OFFICES
BURKE, WILLIAMS 8e SORENSEN
ONE WILSHIRE BUILDING
950 COUNTY 50UARE DRIVE 624 SOUTH GRAND AVENUE, IIT FLOOR 3200 PARK CENTER DRIVE
SUITE 207 LOS ANGELES, CALIFORNIA 90017 SUITE 650
VENTURA, CALIFORNIA 93003 COSTA MESA, CALIFORNIA 92626
18051 644-7460 12131 623-1900 17141 545-5559
TELECOPIER 12131 623-6297
June 8, 1988
The Honorable John Patrick Lane
and Members of the City Council
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
Re: CREATION OF AN ELECTED MAYOR POSITION
Dear Mayor Lane and Councilmembers :
The following describes the process, according to State
statute, for creating an elected mayor position. All references
to California law are to the California Government Code.
The City Council initiates the process by which the
position of elected mayor is created. If the voters ultimately
decide to elect a mayor , the current five member City Council
would be replaced by an elected mayor and four councilmembers .
The Council can place the issue on the ballot at any
general municipal election, or at a special election held for
this purpose. ( S34900) . Government Code 534901 provides that
the question should be placed on the ballot in substantially the
following form:
"Shall the electors elect a Mayor and
four City Councilmen?"
"Shall the term of office of Mayor be two
years?"
"Shall the term of office of Mayor be
four years?"
The ballot must give the voter the opportunity to vote
"Yes" or "No" on each question. If the majority decides to
establish the elected Mayor position, the term of office becomes
the one preferred by the most votes. ( 534901 )
YftUtl V L.. --
JUN 3 198L
Circ OF MOORPARI<,
i
The Honorable John Patrick Lane
and Members of the City Council
June 8, 1988
Page 2
Once the voters decide to establish the position, they
elect someone as Mayor at the next councilmanic election.
( S34902) One of the council slots to be filled at that election
would become the mayor ' s seat. Therefore, if the City would have
elected three (3) councilmembers, it would now elect a mayor and
two (2) city councilmembers. Candidates would have to choose to
run for either mayor or councilmember, as they are precluded from
running for more than one office at each election.
Like an appointed mayor, the elected mayor is a member
of the City Council and as such holds all the powers and duties
of any member. ( S34903) He is also the President of the
legislative body and presides at Council meetings. ( SS 34002,
36802) However, the mayor is a member of the City Council, and
as in general law cities all City Council members are created
equal, no member can have any veto power over the other .
Therefore, an elected mayor in a general law city cannot hold any
veto power or any other power that is not created by state
statute or shared in common with the four councilmembers . Such
powers can only exist in charter cities and where charter
provisions dictate.
An individual cannot become Mayor unless he is eligible
to vote in the City at the time he takes office. In addition, he
must have been a registered voter at the time the nomination
papers were issued to the candidate by the city clerk . (S34904)
Lastly, as you may be aware, the deadline to place these
questions on the ballot for the November election is an early
one. The City Clerk must have the full text and the Council must
adopt the resolution at a meeting no later than July 6, 1988.
If you have any further questions please do not hesitate
MOORPA2 C, AAIJPSIISPt me.
City Couccd Meeting Very truly yours,
of —A57-198 9
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ACTION: glint e-rx__) P-Loo'.0 .1
b_i iL4Eyr d` CHERT L . KAN
CITY ORNEY, MOORPARK; and
6"14,--Qe• BURKE, WILLIAMS & SORENSEN
cjk/LTR-3847