HomeMy WebLinkAboutCC ORD 2018-2450 A Term Limits for Elected OfficialsORDINANCE NO. 2018 — 2450A
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
NATIONAL CITY ADDING SECTION 2.73.010 OF CHAPTER 2.73
OF THE NATIONAL CITY MUNICIPAL CODE TO ENACT LIMITS
ON CONSECUTIVE TERMS FOR OTHER ELECTED OFFICIALS OF
THE CITY, AND ADDING SECTION 2.73.020 OF CHAPTER 2.73 OF
THE NATIONAL CITY MUNICIPAL CODE TO ENACT LIFETIME
TERM LIMITS FOR ELECTED OFFICIALS IN THE CITY
THE PEOPLE OF THE CITY OF NATIONAL CITY HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, the elected officials of the City of National City currently include
the Mayor, members of the City Council, City Clerk, and City Treasurer; and
WHEREAS, on November 2, 2004, the voters of the City of National City
voted to adopt Proposition "T," limiting persons serving as Mayor to three (3) consecutive
terms, and requiring any person holding the office of Mayor for three (3) consecutive terms
to wait for one (1) full election cycle before she or he may again be a candidate for, and
assume the Office of Mayor; and
WHEREAS, National City currently does not impose limits on consecutive
terms of office on members of the City Council, or persons serving as City Clerk or City
Treasurer; and
WHEREAS, the positive aspects of term limits include:
• Encouraging new people to get involved in local government;
• Broadening the base of potential candidates;
• Increasing responsiveness to the public;
• Encouraging fresh ideas;
• Providing voters with more choices;
• Increasing voter turnout;
• Ensuring a better balance of power among different interest groups;
• Encouraging more diversity among members of the City Council;
• Encouraging broader representation of different neighborhoods; and
WHEREAS, it is in the best interest of the City that term limits be established
for all City elected officials, and it is the purpose and intent of this initiative Ordinance to
achieve the positive impacts of term limits mentioned above for all City elected offices;
and
WHEREAS, to facilitate the positive impacts of term limits mentioned
above, all elected City officials, including the Mayor, members of the Council, City Clerk,
and Treasurer should be required to abide by term limits on consecutive terms of office;
and
WHEREAS, there currently is no limit on how many years an individual can
be elected to City offices during their lifetime; and
WHEREAS, the current Mayor of National City has held City elected office
for more than a quarter century; and
WHEREAS, it is in the best interest of the City to adopt a lifetime limit on
holding City elected offices; and
WHEREAS, it requires a majority vote of voters of the City to expand term
limits to all City elected officials: and to adopt a lifetime limit on the holding of City -elected
offices; and
WHEREAS, if approved, the term limits contained in this initiative ordinance
would apply prospectively to full terms commencing after the approval of this initiative
ordinance.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DO ORDAIN AS FOLLOWS:
Section 1. Name. This ordinance initiative shall he known and may be cited as
the "Expand and Strengthen Term Limits Initiative," and shall be referred to herein as the
"initiative ordinance."
Section 2. The Table of Contents for Title 2 is amended as follows:
TITLE 2
ADMINISTRATION
Chapters
2.01 City Manager
2.04 City Council
2.08 Removal of Appointive Officers
2.10 Ambulances
2.12 Fire Department
2.16 Finance Department
2.20 Department of Public Health
2.36 Officers' Salaries
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2.42 Disposal of Surplus City Property
2.44 Unclaimed Property
2.48 Disaster Council
2.55 Annual Budget
2.60 Public Contracts and Purchasing System
2.62 Alternative Bid Procedures for Public Projects
2.64 Housing Authority and Community Development Commission
2.65 Property Acquisition by Eminent Domain
2.68 Retirement System
2.70 Reorganization
2.72 Term Limit for the Office of Mayor
2.73 Term Limits for Elected Office
2.74 Ethics Training
Section 3. Chapter 2.73 is hereby added to Title 2 of the National City Municipal
Code to read as follows:
CHAPTER 2.73
TERM LIMITS FOR ELECTED CITY OFFICES
2.73.010 Limits on consecutive terms of office for other elected officials in the city.
No person shall be eligible for nomination and election to serve in the offices of members
of the City Council, City Clerk, and City Treasurer for more than three (3) consecutive
terms in the same elected office, and no person who has held the office of member of the
City Council, City Clerk, or City Treasurer for three (3) consecutive terms may again seek
nomination and election to that same elected office until one election cycle following the
termination of the third term in that same elected office has elapsed. This limitation on
terms shall not apply to any unexpired term to which a person is elected or appointed to
fill a vacancy in the offices of members of the City Council, City Clerk, or City Treasurer,
if the remainder of the term is less than one-half of the full term of office.
This section shall apply prospectively to full terms of office commencing after the
June 5, 2018 Statewide Primary Election.
2.73.020 Lifetime limits terms of office for all elected officials in the City.
A. No person shall be eligible for nomination and election to serve in any
elective City office, which shall include the offices of Mayor, members of the City
Council, City Clerk, and City Treasurer, for more than six (6) terms in all elected
offices combined. This limitation on terms shall not apply to any unexpired term to
which a person is elected or appointed to fill a vacancy in any elective City office, if
the remainder of the term is less than one-half of the full term of office.
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B. This section shall apply prospectively to full terms of office commencing
after the June 5, 2018 Statewide Primary Election.
Section 4. Adoption Date and Effective Dates. If a majority of the voters
adopt this initiative ordinance, it shall be a valid enactment of the City, binding on all
elected City officials and applying to elections for all City elected offices following the
enactment of this initiative ordinance.
Section 5. Competing Measures. If this initiative ordinance and another
measure on the same subject matter appear on the same ballot, and a majority of the
voters approve both measures, the measure that receives the most votes shall prevail
over the other measure in its entirety, as this measure is deemed to irreconcilably conflict
with any other measure addressing the same subject matter.
Section 6. Future Amendments. This initiative ordinance may be amended
or rescinded only by a vote of the People at a regular municipal election.
Section 7. Severability. If any subsection, paragraph, sentence, clause, or
phrase of this initiative ordinance or any part thereof is for any reason held to be
unconstitutional or otherwise unenforceable, such decision shall not affect the validity
of the remaining portion of this initiative ordinance or any part thereof.
The People of the City of National City hereby declare that they would have passed
each subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact
that any one or more subsections, paragraphs, sentences, clauses, or phrases be
declared unconstitutional or otherwise unenforceable.
PASSED and ADOPTED upon it's approval by a majority of the voters of
the City voting thereon. The City Council declared and certified the election results by
adoption of Resolution No. 2018-133 on July 17, 2018. The Ordinance became effective
10 days after July 17, 2018 as Section 2.73.010 of the National City Municipal Code.
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