HomeMy WebLinkAbout8.3 CCSeat 2-YrTermElection
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CITY 01' DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 28, 1994
SUBJECT: Designation of One Council Seat in November 1994
Election to a 2-Year Term L'~.
(Report Prepared by Kay Keck, city ClervV
EXHIBITS ATTACHED:~OPY of Government Code Section 34906
RECOMMENDATION~. .~~ . . Select second option and by minute action
~{)V' determine that the person who receives the least
votes of the 3 elected to the city Council shall
serve a two-year term.
FINANCIAL STATEMENT:
None
DESCRIPTION: When citizens voted in June 1992 to directly elect
the position of Mayor, this created a situation whereby at the
November 1994 election, 3 Council seats + the 2-year Mayor's seat
would be up for election. If the city continued with this
arrangement, it would mean that every 4 years, 4 seats on the city
Council would be up for election.
In order to re-establish an equal staggering of council terms, Govern-
ment Code 34906 provides that, It ... if a city has an elected mayor
and the election of the remaining members of the city council for
4-year terms is not evenly staggered, the city council may, on a one-
time basis onlY and prior to the first day for circulating nomination
papers for the general municipal election, desianate one of the city
council offices appearing on the general municipal ballot ... to serve
a 2-vear term, ~ mav provide that of the city council offices
appearing on the general municipal ballot ... the one which receives
the least votes of those elected (or if there is a tie for such a
position, as decided by lot) shall serve a 2-vear term. At all
subsequent general municipal elections, each member of the city
council elected at such election ... shall be elected to serve a 4-
year term.1t
The first day for circulating nomination papers will be July 18, 1994.
All of the resolutions related to calling the election, requesting
consolidation, etc., will be presented to the council for adoption at
the July 11, 1994 city Council meeting.
The -OR- provision contained in GCS 34906 is significant in that if
the first option is selected, the 2-year office would have to be
listed as a separate office on the ballot, and candidates would have
to designate whether they were running-for the 4-year or the 2-year
seat. This would set up 3 different offices to be filled at the
November election:
Mayor (2-Year Term)
councilmember (2-Year Term)
Councilmembers (4-Year Term)
Vote for 1
Vote for 1
Vote for 2
Since a part of the equation for figuring election costs is based on
ballot positions (or ballot questions), this could increase election
costs somewhat. The actual costs would be calculated-based on the
number of candidates.
Since candidates must declare which office they are seeking when they
take out nomination papers, a possible scenario for consideration
would be if only 1 person declared their candidacy for the 2-year
office by the filing deadline, that person would automatically be
appointed to fill the office.
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Staff recommends that the ci ty Counci~-_!;~lect 'the second option and
determine that the person who receives the least-votes of those
elected in 1994 shall serve a 2-year term. The city would be allowed
to do this on a one-time only basis and all subsequent terms would be
4 years. It would be appropriate for the Council to provide this
direction by a minute action.
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ITEM NO. &"'?
COPIES TO:
CITY CLERK
FILE ~
e
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~ 34904 CITY GOVERNMENT
Title 4
city at the time nomination papers are issued to the candidate as provided for
in Section 22842 of the Elections Code.
(Added by Stats.1959, c. 1571. p. 3902, ~ 1. Amended by Stats.1975, c, 1030, p. 2432,
~ 3, urgency, eff. Sept. 24, 1975,)
Cross Reference5
Qualifications of electors, sce Const. Art. 2. ~~ 2, 4; Elections Code ~ 100.
Library References
Municipal Corporations *='124(3).
C.J.S. Municipal Corporations ~ 476 et seq,
~ 34905. Mayor pro tern; manner of selection
A mayor pro tempore shall be chosen in the manner provided by Section
36801.
<Added by Stats. 1959, c. 1571, p. 3902, ~ 1.)
~ 34906. Designation of one office as two year term; subsequent four
year terms
Notwithstanding Section 36503. if a city has an elected mayor and the
election of the remaining members of the city council for four-year terms is
not evenly staggered. the city council may. on a one-time basis only and prior
to the first day for circulating nomination papers for the general municipal
election, designate one of the city council offices appearing on the general
municipal ballot, other than the office of the mayor. to serve a two-year term.
or may provide that of the city council offices appearing on the general
municipal ballot. other than the office of the mayor. the one which receives
the least votes of those elected (or if there is a tie for such a position. as
decided by lot) shall serve a two-year term. At all subsequent general
municipal elections, each member of the city council elected at such election.
other than the mayor if the mayor has a two-year term, shall be elected to
serve a four-year term. .
<Added by Stats.1975. c. 399, p. 876, ~ 1, urgency, eff. Aug. 29, 1975. Amended by
Stats.1977. c. 237, p. 1080, ~ 1; Stats,1980, c. 732, p. 2192, ~ 1.)
Library. References
Municipal Corporations *='129,
C.J.S. Municipal Corporations ~ 472 et seq,
590