HomeMy WebLinkAbout2009-02-10; City Council; 19719; Eligibility for offices amendedCITY OF CARLSBAD - AGENDA BILL 14
AB#
MTG.
DEPT.
02/10/09
CA
Adding Section 2.040.060 and
Amending Section 2.06.090 of the
Carlsbad Municipal Code
Regarding Eligibility for Office
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Introduce Ordinance No. CS-023,
Member.
regarding eligibility for the offices of Mayor and Council
ITEM EXPLANATION:
State law addresses eligibility of a local agency employee to serve on the legislative body.
Government Code section 53227 prohibits an employee of a local agency from also serving as
a member of the legislative body of that agency. However, the law provides an exception for a
volunteer firefighter. If the Council wishes to add volunteer police officers to that list it can do so
now that it is a charter city. The qualifications for a member of the local legislative body are a
municipal affair and within the plenary authority of the City Council. As such a local law
regulating the eligibility of office will supersede State law to the contrary. Under the Constitution
of the State of California, city charters adopted pursuant to the constitution shall supersede and
prevail over general laws covering purely municipal affairs (California Constitution section 5 of
Article XI (in accord 66 Op. Cal. AG 293, September 29, 1963)).
If the Council wishes to establish additional qualifications for holding office, its action is to
introduce Ordinance No. CS- 023 .
FISCAL IMPACT:
There will be no fiscal impact from the adoption of this ordinance.
ENVIRONMENTAL IMPACT:
There is no foreseeable adverse physical environmental impact from enacting this ordinance
and it is not a project within the definition of that term under section 21065 of the California
Environmental Quality Act.
EXHIBITS:
1. Ordinance No.CS-023
2. Redline Version - CMC 2.06.090
3. Clean Version - CMC 2.06.090
DEPARTMENT CONTACT: Ron Ball (760) 434-2891
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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RETURNED TO STAFF
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1 ORDINANCE NO. CS-023
2 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADDING
3 SECTION 2.04.060 AND AMEMDING SECTION
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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
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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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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, a city council member
may simultaneously serve, without compensation, as a volunteer
police officer subject to all federal and state laws, municipal
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
(a) A person is not eligible to hold office as mayor unless that person
(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 1Qtb day of February 2009, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2009, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(Seal)
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/2.06.090 Eligibility for Office. . . - \ Formatted: Font: 12 pt
(a) A person is not eligible to hold office as mayor or as a member of the city council unless that
person is, at the time of assuming such office, an elector of the city. (Ord. 1258 § 3 (part), 1982}
(b) Notwithstanding Government Code section 53227 or any successor statute regulating the* [ Formatted; Justified
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, ordinances and rules and regulations of the Police Department.
2.06.090 Eligibility for office.
(a) A person is not eligible to hold office as mayor or as a member of the city council unless that
person is, at the time of assuming such office, an elector of the city. (Ord. 1258 § 3 (part), 1982)
(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, ordinances and rules and regulations of the Police Department.
(f