TO:
Honorable Mayor and Members of the City Council
THROUGH:
John Jalili, Interim City Manager
FROM:
Quinn M. Barrow, City Attorney
SUBJECT:Title
Consideration of (1) Appointment of City Clerk by City Manager or City Council; and (2) Term Limits for Councilmembers (City Attorney Barrow).
PROVIDE DIRECTION
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_________________________________________________________
Recommended Action
RECOMMENDATION:
Provide Direction.
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BACKGROUND:
In 1996, the City presented to the voters a number of ballot measures, including:
(1) Measure H: "Shall the office of City Clerk be appointive?"
(2) Measure J, limiting Councilmembers to serving two consecutive terms but allowing Councilmembers, after being out of office for two years, to hold office again.
(3) Measure K, imposing a "lifetime ban on renewed service" after holding office for two terms.
The voters adopted Measures H and J, but did not adopt Measure K. At a recent City Council meeting, Councilmember Burton requested a report on these two issues.
DISCUSSION:
1. Authority to Appoint the City Clerk. Prior to 1996, the City Clerk was an elected position. In 1996, Manhattan Beach conducted an election with a number of ballot measures. Measure H provided: "Shall the office of City Clerk be appointive?" The Measure did not specifically designate whether the City Clerk would be appointed by the City Council or the City Manager, leaving that decision to the City Council. After Measure H passed, the City Council adopted Ordinance 1955, which established that the City Clerk is appointed by the City Manager (MBMC Section 2.08.150).
According to a 2012 survey of 34 Orange County cities, the City Manager appoints the City Clerk in 55.56% of the cities where the City Clerk is appointed. The City Council appoints the City Clerk in 44.44% of those cities. If the Council so directs, we can obtain more recent survey data from cities in Los Angeles County.
If the City Council wants to be the appointing authority for the City Clerk, it must adopt an ordinance amending MBMC Section 2.08.150.
2. Term Limits. Prior to 1996, there were no term limits for Councilmembers. The 1996 Election Ballot included two measures concerning term limits:
Measure J: "Shall an ordinance be adopted which limits a Member of the City Council to serving two (2) consecutive terms with a provision which allows a Member to hold office again after being out of office for a period of at least two (2) years?"
Measure K: "Shall an ordinance be adopted which limits a Member of the City Council to serving two (2) terms with a provision declaring a Member ineligible to hold office thereafter (a lifetime ban on renewed service)?"
The voters adopted Measure J but did not adopt Measure K, thereby limiting Councilmembers to serving no more than two consecutive terms, but allowing Councilmembers to seek office again after a two-year waiting period.
Measure J can only be repealed or amended by another vote of the electorate.
The City Clerk is seeking a cost estimate of such an election from the County. Attached is a schedule indicating, among other dates, the deadline for placing such a measure on the November ballot.
CONCLUSION:
Staff seeks Council direction.
Attachments:
1. March 26, 1996 Sample Ballot
2. Election Deadlines