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HomeMy WebLinkAbout2009-02-17; City Council; CS-023; Amending the CMC regarding eligibility...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ORDINANCE NO. CS-023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING SECTION 2.04.060 AND AMENDING SECTION 2.06.090 OF THE CARLSBAD MUNICIPAL CODE REGARDING ELIGIBILITY FOR OFFICE WHEREAS, the voters of the City of Carlsbad at the June 3, 2008 election voted to change the powers and duties of the City by adopting a City Charter; and WHEREAS, the Charter grants the City Council plenary authority to legislate matters of local concern notwithstanding general laws to the contrary; and WHEREAS, prior to the City adopting the Charter, the State Legislature enacted Government Code section 53227 regarding the eligibility of a local agency employee to serve on the legislative body of the agency; and WHEREAS, the City Council confirms that the eligibility for office in the City of Carlsbad is a matter of local concern and a municipal affair; and WHEREAS, now that Carlsbad is a charter city it will no longer be bound by the State law as to municipal affairs if it enacts contrary legislation; and WHEREAS, the City Council wishes to expand the provisions to State law by allowing incumbent volunteer reserve police officers who do not receive a salary to simultaneously serve on the City Council. NOW, THEREFORE, the City Council of the City of Carlsbad ordains 22 as follows: 23 SECTION 1: That section 2.04.060 is added to the Carlsbad Municipal 24 Code to read as follows: 25 2.04.060 Eligibility for office (a) A person is not eligible to hold office as a member of the city 27 council unless that person is, at the time of assuming such office, an elector of the City of Carlsbad. 28 -1 - 1 (b) Notwithstanding Government Code section 53227 or any successor statute regulating the eligibility of a local agency employee 2 to serve on the legislative body of that agency, a city council member 3 may simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state laws, municipal 4 ordinances and rules and regulations of the Police Department. SECTION 2: That section 2.06.090 of the Carlsbad Municipal Code is amended to read as follows: 2.06.090 - Eligibility for office 8 (a) A person is not eligible to hold office as mayor unless that person is, at the time of assuming such office, an elector of the city. 9 (b) Notwithstanding Government Code section 53227 or any successor statute regulating the eligibility of a local agency employee to serve on the legislative body of that agency, the mayor may simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state laws, municipal 11 12 u ordinances and rules and regulations of the Police Department. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 10th day of February. 2009, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 17tb day of February 2009, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard, Blackburn, NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: ity Attorney , Mayor ATTEST: LORRAINE M. WOOD, City (Seal) -3- '"*».;•»»»»**