HomeMy WebLinkAboutMINUTES - 02141995 - 2.7 a7
TO: BOARD OF SUPERVISORS Contra
FROM:
Phil Batchelor, County Administrator Costa
•.(
2,,�::;.: _ • .�Qr County:.
DATE:
January 26, 1995
LEGISLATION: SB 2 (Kopp) - AUTHORIZING LOCAL GOVERNMENTS. OR THE
SUBJECT: RESIDENTS OF THOSE LOCAL GOVERNMENTS TO PLACE ON THE BALLOT A
PROPOSAL TO LIMIT THE NUMBER OF TERMS A MEMBER OF THE GOVERNING
BODY OF THE LOCAL GOVERNMENT COULD SERVE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
CONSIDER taking a position in SUPPORT of SB 2 by Senator Quentin
Kopp, which would allow a local government or the residents of a
local government to place before the voters a proposal to limit the
number of terms a member of the governing body of the local
government could serve.
BACKGROUND:
Supervisor Kopp has introduced SB 2 which, as introduced, would do
all of the following:
1 . Apply to a county board of education, school district
governing board, community college district governing board,
board of supervisors, city council or the governing body of a
special district.
2 . Allow the governing body of the local government agency to
place a measure on the ballot to limit the number of terms a
member of the governing body may serve.
3 . Allow the residents of the local government jurisdiction to
place a proposal on the ballot, by initiative, to limit the
number of terms a member of the governing body of that agency
could serve.
4 . Require a majority voter approval to enact the measure.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Y9���z
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
x APPROVE OTHER
SIGNATURE S:
ACTION OF BOARD ON February 14, 1995 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
XX _ _ _ I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED February 14 , 1995
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
County Clerk-Recorder
BY�� V'• /i�//'L�� —,DEPUTY
_2_
Supervisor Bishop favors this bill and has directed that staff
place it on the agenda for consideration by the Board of
Supervisors .
SENATE BILL No. 2
5
Introduced by Senator Kopp
December 5, 1994
An act to amend Sections 1006, .35107, and 72103 of the
Education Code, and to amend Sections 25000 and 36502 of,
and to add Section 53077 to, the Government Code, relating
to governing bodies.
. LEGISLATIVE COUNSEL'S DIGEST
SB 2, as introduced, Kopp. Governing bodies: term limits.
Existing law does not authorize the imposition of limitations
tom,, on the number of terms that persons may serve on governing
' bodies of local governmental entities.
This bill would expressly authorize the governing bodies of
r
county boards of education, school districts, community
college districts, or other districts, any board of supervisors or
city council, or the residents'of those respective entities, to
submit a proposal to the electors to limit the number of terms
E a member of the governing body, board of supervisors, or city
council may serve.
The bill would make the operation of the proposal
contingent upon the approval of the proposal by a majority of
the votes cast on the question at a regularly scheduled
election. Since the bill would create additional duties for local
election officials, the bill would impose a state-mandated locaf3
�J program.
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement, including the creation of a State
a
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SB 2 — 2 —
Mandates Claims Fund to pay the costs of mandates that do
not exceed $1,000,000 statewide and other procedures for
claims whose statewide costs exceed $1,000,000.
This bill would provide that no reimbursement shall be
made from the State Mandates Claims Fund for costs
i mandated by the state pursuant to this act, but would
s recognize that local agencies and school districts may pursue
any available remedies to seek reimbursement for these costs.
Vote: majority. Appropriation: no. Fiscal committee: yes.
j State-mandated local program: yes.
The people of the State of California do enact as follows.
1 SECTION 1. Section 1006 of the Education Code is
2 amended to read:
3 1006. (a) Any registered voter is- eligible to be a
4 member of the county board of education except the
5 county superintendent of schools, any member of his
6 staff, or any employee of a school district.
7 (b) Notwithstanding any other provision of la w, the
8 county board of education may adopt or the residents of
9 the county may propose, by initiative, a proposal to limit
10 the number of terms a member of the county board of
11 education may serve on the county board of education.
Oil 12 Any proposal to limit the number of terms a member of
13 the county board of education may serve on the county
14 board of education shall not become operative unless itis
15 submitted to the electors of the county at a regularly
16 scheduled election and a majority of the votes cast on the
17 question favor the adoption of the proposal.
18 (c) An initiative measure proposed pursuant to
19 subdivision (b) shall be subject to the procedures setforth
20 in Chapter (commencing with Section 9100) ofDivision
21 9 of the Elections Code.
22 SEC. 2. Section 35107 of the Education Code is
23 amended to read:
24 35107. (a) Any person, regardless of sex, who is 18
25 years of age or older, a citizen of the state, a resident of
26 the school district, a registered voter, and who is not
27 disqualified by the Constitution or laws of the state from
- 3 — SB 2
f
1 holding a civil office, is eligible to be elected or appointed
2 a member of a governing board of a school district
3 without further qualifications.
4 (b) (1) An employee, of a school district may not be
5 sworn into office as an elected or appointed member of
6 that school district's governing board unless and until he
7 or she resigns as an employee. If the employee does not
8 resign, the employment will automatically terminate
9 upon being sworn into office.
10 F
11 (2) For any individual who is an employee of a school
12 district and an elected or appointed member of that
13 school districts governing board prior to January 1, 1992,
14 this subdivision shall apply when he or she is reelected or
15 reappointed, on or after January 1, 1992, as a member of
16 the school district's governing board.
17 (c) Notwithstanding any other provision of law, the
18 governing board of a school district may adopt or the
19 residents of the school district may propose, by initiative,
20 a proposal to limit the number of terms a member of the
21 governing board of the school district may serve on the
22 governing board of the school district. Any.proposal to
23 limit the number of terms a member of the governing
24 board of the school district may serve on the governing
r 25 board of the school district shall not become operative
26 unless it is submitted to the electors of the school district
27 at a regularly scheduled election and a majority of the
28 votes cast on the question favor the adoption of the
29 proposal.
30 (d) (1) An initiative measure proposed pursuant to
31 subdivision (c) shall be subject to the procedures setforth
32 in Chapter 4 (commencing with Section 9300) ofDi vision
33 9 of the Elections Code.
34 (2) A proposal submitted to the electors by the
35 governing board pursuant to subdivision (c) shall be
4 36 subject to the procedures set forth in Chapter 6
37 (commencing with Section 9500) of Division 9 of the
38 Elections Code.
39 SEC. 3. Section 72103 of the Education Code- is
40 amended to read:
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SB 2 — 4 --
1 72103. (a) Any person, regardless of sex, who is 18
2 years of age or older, a citizen of the state, a resident of
3 the community college district, a registered voter, and
4 Who is not disqualified by the Constitution or laws of the
5 state from holding a civil office, is eligible to be elected
6 or appointed a member of a governing board of a
7 community college district without further qualifications.
8 (b) (1) An employee of a community college district
9 may not be sworn into office as an elected or appointed
10 member of that community college district's "governing
11 board unless and until he or she resigns as an employee.
12. If the employee does not resign, the employment will
13 automatically terminate upon-being sworn into office.
14 F-Ew
15 (2) For any , individual who is an employee of a
16 community college district and an elected or appointed
i 17 member of that community college district's governing
1 18 board prior to January 1, 1992, this subdivision shall apply
19 when he or she is reelected or reappointed, on or after
20 January 1, 1992, as a member of the community college
21 district's governing board. This section does not apply to t'=
22 an individual who is usually employed in an occupation
{ 23 other than teaching and who also is employed part time
24 by the community college district to teach no more than
25 one course per semester or quarter in the subject matter
26 of that individual's occupation.
27 (c) Notwithstanding any other provision of law, the
28 governing board of a community college district may
29 adopt or the residents of the community college district
30 may propose, byinitiative,ve, a proposal to limit the number
31 of terms a member of the governing board of the
32 community college district may serve on the governing
33 board of a community college district. Any proposal to
34 limit the number of terms a member of the governing
35 board of a community college district may serve on the
36 governing board ofa community college district shall not
37 become operative unless it is submitted to the electors of
38 the community college district at a regularly scheduled
39 election and a majority of the votes cast on the question
40 favor the adoption of the proposal. ;)
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. 1
— 5 — SB 2
1 (d) (1) An initiative measure proposed pursuant to
2 subdivision (c) shall be subject to the procedures setforth
3 in Chapter 4 (commencing with Section 9300) ofDivision
4 9 of the Elections Code.
5 (2) A proposal submitted to the electors by the
6 governing board pursuant to subdivision (c) shall be
7 subject to the procedures set forth in Chapter 6
® 8 (commencing with Section 9500) of Division 9 of the
9 Elections Code.
10 SEC. 4. Section 25000 of the .Government Code is
11 amended to read:
12 25000. (a) Each county shall have a board of
13 supervisors consisting of five members. Not more than
14 three members shall be elected at the same general
15 election. If the terms of office of more than three
16 members of the board expire at the same time, at the first
17 . regular meeting after January 1st following their election
18 the members so elected shall so classify themselves by lot
19 that three members shall serve for four years, and two for
20 two years. Thereafter the term of office of each member
21 shall be four years.
22 (b) Notwithstanding any other provision of law, the
23 board ofsupervisors ofanygeneral law or charter county
24 may adopt or the residents of the county maypropose, by
25 initiative, a proposal to limit the number of terms a
26 member of the board of supervisors may serve on the
27 board ofsupervisors. Any proposal to limit the number of.
28 terms a member of the board ofsupervisors may serve on
29 the board of supervisors shall not become operative
30 unless it is,submitted to the electors of the county at a
31 regularly scheduled election and a majority of the votes
32 cast on the question favor the adoption of the proposal.
33 SEC. 5. Section 36502 of the Government Code is
34 amended to read:
35 36502. (a) A person is not eligible to hold office as
36 councilman, city clerk, or city treasurer unless he is at the
37 .time of assuming such office an elector of the city, and was
38 a registered voter of the city at the time nomination
39 papers are issued to the candidate as provided for in
40 Section 22842 of the Elections Code.
.t
99
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i\
SB 2 — 6 -
1 If, during his term of office, he moves his place of
2 residence outside of the city limits or ceases to be an
1 _ 3 . elector of the city, his office shall immediately become
4 vacant.
5 (b) Notwithstanding any other provision of law, the
6 city council of general law or charter city.may adopt or
`> 1. 7 the. residents of the city may propose, by initiative, a
8 proposal to limit the number of terms a member of the
9 city council may serve on the city council, or the number
10 of terms an elected mayor may serve. Any proposal to
11 limit the number of terms a member of the city council
12 may serve on the city council, or the number of terms.an
13 elected mayor may serve, shall not become operative
14 unless it is submitted to the electors of the city at a
15. regularly scheduled election and a majority of the votes
16 : cast on the question favor the adoption of the proposal,
17 Notwithstanding the provisions of this subdivision, the
18 provisions of any city charter that, on January 1, 1996,
19 impose limitations on the number of terms a member of
20 the city council may serve on the city council, or the f
21 number of terms an elected mayor may serve, shall
f 22 remain in effect. Unless otherwise prohibited by a city
23 charter, any city charter may be amended pursuant to
24 this section or pursuant to the procedures specified in the
- 25 charter, to include the limitation authorized in this
26 subdivision.
27 SEC. 6. Section 53077 is added to the Government
28 Code, to read:
! 29 53077. (a) Notwithstanding any other provision of
30 law, the governing body of a district may adopt or the
31 residents of a district may propose, by initiative, a
32 proposal to limit the number of terms a member of the
33 governing body of the district may serve on the
34 governing body of the district. Any proposal to limit the
35 number of terms a member of the governing body of the
36 district may serve on the governing body of the district
37 shall not become operative unless it is submitted to the
38 electors of the district at a regularly scheduled election
39 and a majority of the votes cast on the question favor the
40 adoption of the proposal.
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• II
— 7 — SB 2
1 (b) For purposes of this section, the term "district"
2 shall mean an agency of the state, formed pursuant to
3 general law or special act, for the performance of
x 4 governmental or proprietary functions within limited
5 boundaries.
6 SEC. 7. No reimbursement shall be made from the
7 State Mandates Claims Fund pursuant to Part 7
8 (commencing with Section 17500) of Division 4 of Title
9 2 of the Government Code for costs mandated by the
10 state pursuant to this act. It is recognized, however, that
f11 a local agency or school district may pursue any remedies
12 to obtain reimbursement available to it under Part 7
13 (commencing with Section 17500) and any other
14 provisions of law.
15 Notwithstanding Section 17580 of the Government
f 16 Code, unless otherwise specified, the provisions of this act
17 shall become operative on the same date that the act
18 takes effect pursuant to the California Constitution.
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ALL No . Jan 24 ,95 14.36 No .001 P .01
BOARD OF SUPF-RV ISORS
CON-CRA COSTA. COUNTY
GAYLE 91SHOP
$F1rEhY1$(1fi, IHIIiO i1@TRIl:T
TO; Claude Van Marter
FROM. Patricia A. Rosenberg
DATE: January 24, 1995
RE: Memo re. SB 2 . Kopp on Term Limits for Local Government
Per my conversation today with Audrey regarding your metHb of january 5, 1994,
Supervisor Gayle Bishop has asked that I Convey to you her interest in supporting SB 2
regarding term limits for local government.
Therefore, please do recommend that the Board of Supervisors take a position on SB 2.
1115 CROW CANYON UOURT WO • SAN RAMON.CALIFORNIA 94583-1CX89 . TLLENF10NE(510}820 8683 . FACSIMILE{5101 8?0-1627