HomeMy WebLinkAbout2009-02-17; City Council; CS-023; Amending the CMC regarding eligibility...1
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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
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SECTION 1: That section 2.04.060 is added to the Carlsbad Municipal
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Code to read as follows:
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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.
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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.
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(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
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ordinances and rules and regulations of the Police Department.
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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)
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