Cupertino; Measure C Term Limits

"The service of city councilmembers shall be limited to two consecutive elected
terms, for a maximum possible time (appointed and elected combined) of 10
years and 354 days, after which they would not be eligible for election or
appointment to a council seat for four (4) years. Within 60 days of this
election the city council shall enact an ordinance implementing this measure."

CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE C


California law authorizes the adoption of a local ordinance which imposes term
limitations with respect to members of the City Council. Any proposal to limit
the number of terms a council member may serve becomes operative only upon a
majority vote of the City's electors and can only be applied prospectively.

This proposal seeks to limit the service of city council members to two
consecutive elected terms of four years each. In addition, the measure provides
that a council member who is appointed to serve the balance of a vacant,
unexpired term which is three years or more, may only be elected for one
additional consecutive term of four years.

Hence, the maximum time any council member could conceivably serve on a
consecutive basis would be ten years plus 354 days (i.e., 2 years 354 days of
an unexpired appointive term plus two consecutive elected terms of four years
each).

Once a council member reaches any of the limits described above, he or she
would not be eligible for election or appointment to a council seat for four
years.

If adopted, this proposal would be incorporated into the city's ordinance code
and could be amended or repealed only by a majority vote of the city's
electorate.


CHARLES KILIAN
City Attorney


NO ARGUMENTS FOR OR AGAINST WERE SUBMITTED

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