40787 / 49.7% Yes votes ...... 41203 / 50.3% No votes

See Also: Index of all Measures

First Part: The first part of this measure will amend Section 302 of the City Charter, which presently provides that the Mayor shall be elected to a term of four years beginning at 11: 00 a. m. on the first Monday of January following his election. However, Section 302 does not specify the commencement date of the Mayor's term if a person has been elected to fill a mayoral vacancy. In such a case, this measure will specify that the commencement date shall be the date the person takes the oath of office, or 10 days after the issuance of a certificate of election, whichever is earlier.

Section 302 of the City Charter also presently provides that no person shall be elected to the office of Mayor more than twice. This measure will specify that a person may be elected three times, so long as one of the three times is to fill an unexpired term of two years or less due to a mayoral vacancy.

Second Part: The second part of this measure will eliminate Section 1213 of the City Charter, which provides that Measure X would sunset in 2004 unless the electorate votes to retain it. Therefore, this second part will permanently retain Measure X.

FISCAL IMPACT

This measure will not have a fiscal impact on the City, since it does not propose that there be a special election. Rather, it provides what would happen if a special election were needed at an unspecified future date in order to fill a mayoral vacancy.

s/ ROLAND E. SMITH, CPA
City Auditor

Under the mayor-council form of government, the Mayor has the power to direct all City employees. The Mayor is not a member of the City Council, but the Mayor can break a tie vote when the eight Council members are evenly divided. The Mayor can suspend any ordinance adopted by the City Council unless six members of the Council vote to override the suspension. The Mayor appoints the City Manager - Oakland's chief administrative officer - subject to confirmation by the City Council. The City Manager serves at the direction of the Mayor, and can be removed by the Mayor at any time. No person may be elected Mayor more than twice. If there is an election to fill a vacancy in the office of Mayor, the Charter does not specify the date that the Mayor-elect assumes office.

The 1998 Charter amendment includes a "sunset provision." This means that, unless the voters specifically re-adopt these provisions in November 2004, the mayor-council form of government, the requirement that the City Attorney be elected, and the requirement that City Council salary increases be approved by the voters will expire.

If adopted, [Measure CC] would repeal the sunset provision of the 1998 Charter amendment. If the sunset provision is repealed, the mayor-council form of government, the requirement that the City Attorney be elected, and the requirement that City Council salary increases be approved by the voters would become permanent.

This measure would also create an exception to the term limit for Mayor. A person elected to fill a vacancy in the Office of Mayor of two years or less could be elected to two additional terms. Also, this measure would specify that, following an election to fill a vacancy in the office of Mayor, the Mayor-elect would assume office upon taking the official oath or 10 days after the certificate of election is issued, whichever is sooner.

s/ DENNIS J. HERRERA
City Attorney
City and County of San Francisco

KQED-FM Forum 88.5 San Francisco

• Discussion and call-in on Measure CC - original broadcast on 10/30 (opens in new window)

• October 18 - Mayoral strength on Oakland ballot; Voters can extend powers given Brown

Opponents' Web Site

The Strong Mayor charter changes gave Oakland a form of government similar to that enjoyed by the great cities of America: Chicago, Boston, New York, Los Angeles and San Francisco.

Putting an independent elected official - the mayor - in charge of the executive branch of city government reflects the practice at the state and federal levels and follows the wisdom of our forebears. The founders of America established the principle of separation of powers, dividing the legislative, judicial and executive power into separate and independent branches of government.

The old city manager form of government merged the legislative and executive branches by placing an unelected employee of the city council at the head of city government - with sole power to administer municipal affairs. This approach tended in practice to obscure responsibility and foster drift and inaction.

Under the strong mayor form of government, it is the mayor who takes overall responsibility for directing city government, subject to the policies and ordinances enacted by the city council. The council has the ultimate power of the budget and decides on all commission members nominated by the mayor. The elected city attorney provides an independent check on both the council and the mayor.

By voting Yes on CC, you make permanent these features of our city government and continue the practice of subjecting council pay raises to voter approval.

With the mayor answerable directly to the people, a clear line of authority is established.

As President Truman liked to say: "the buck stops here. "

VOTE YES ON CC

s/ JERRY BROWN Mayor of Oakland
s/ JOSEPH J. HARABURDA, President & CFO for The Oakland Metropolitan Chamber of Commerce

When Oakland adopted the Strong Mayor in 1998, we agreed that we would take six years to experience the changes before deciding whether or not to make the changes permanent. We may like some of the changes; others may need tweaking. This measure cuts that process short.

There are still inconsistencies in the City Charter caused by the change to the Strong Mayor form of government. Oaklanders should look at how the Mayor, Council, City Attorney, and city staff are working together now, and address related issues such as being left with an even number of City Councilmembers. What 's the rush?

Elected officials come and go. There is a two term limit for the office of Mayor. The form of government we choose now or in 2004 will remain. The form of government we adopt must work for Oakland no matter who is Mayor or on the Council.

Let 's do it right. We can take the next two years to evaluate our form of government. This doesn't have to be the final vote. We can take the time to be careful.

Vote NO on Measure CC.

s/ NATE MILEY County Supervisor
s/ ENRIQUE PALACIOS Alameda County Trustee
s/ GARY YEE, Chair Education Department Holy Names College
s/ EARL S. HAMLIN Alameda County Planning Commissioner
s/ WILLIAM "BILL" PATTERSON EBMUD, Director

In 1998, Oakland voters adopted a six- year trial run for a form of government that took the Mayor off the City Council and put the Mayor in charge of City administration and public services.

Measure CC would make the new structure permanent right now. Do you think the changes have benefited Oakland? Are you satisfied that the Mayor is accessible to you, and accountable for the quality of City services? Has the City Council been more effective without the Mayor at the helm? Should the City Council's President be elected by the people? Does the Charter now provide clear delineation of duties for the Mayor and Council? Are the powers of the Mayor and Council appropriately balanced? Measure CC demands that you decide today if you are pleased with your government.

If you'd like the full six years we originally adopted to look at these questions, vote NO on Measure CC.

Oakland residents need time to explore ways to make our government better serve us. Measure CC is a simplistic approach to important questions about the balance of power, the ability of citizens to address their Mayor, the responsiveness of city staff, the role of the Council and its President. These questions should be debated carefully.

If you reject Measure CC, the Measure X government will continue for two more years. Oakland voters can take that time to examine these questions. Many community organizations are planning public discussions in the next year, so that we the people can propose changes in 2004 that will make our government work better for all of us.

City Councilmembers, the League of Women Voters, and many others strongly oppose Measure CC. Let's get it right for everyone.

s/ DICK SPEES Oakland City Councilmember
s/ JUDITH A. COX Vice President, League of Women Voters of Oakland
s/ NANCY J. NADEL Oakland City Councilmember
s/ SANDRA LASKY Oakland Common Cause
s/ DAVID KAKISHIBA Oakland School Board Member-Elect

The opponents say they need more time to discuss the "strong mayor "form of government. But the truth is these opponents don't want a strong mayor as chief executive in charge of city government - elected by you the voters. Instead, they prefer to have the city council members hire a manager who reports to them alone.

The big cities such as NY, Chicago and Los Angeles all select a chief executive/mayor by direct vote of the people. The reason is clear: diverse, complex cities need one decisive leader, accountable directly to the people.

Measure CC also makes sure that you the voters approve of any new pay raise for the city council.

Don 't give up your power.

The system that separates the mayor as chief executive and the council as legislative body works well.

Vote yes on CC .

s/ JERRY BROWN Mayor

WHEREAS, the City Charter currently provides that "no person shall be elected to the Office of Mayor more than twice" and precludes a person who has held the Office of Mayor or acted as Mayor for more than two years of a term to which someone else was elected Mayor from being elected more than once; and

WHEREAS, it is desirable to amend the Charter to allow a person to be elected to serve two additional, four-year terms, if s/ he is elected to fill a vacancy in the Office of Mayor when the balance of the unexpired term is two years or less; and

WHEREAS, in 1998, the voters passed Charter amendment, Measure X, which, among other things, removed the Mayor from the City Council and established a "strong mayor" who is the chief executive officer of the City, requires voter approval of City Council salary increases, and established an elected City Attorney; and

WHEREAS, City Charter section 1213, entitled the "Sunset Provision", requires that the City Council place a Charter amendment on the ballot at the November 2004 general election, which, if passed, would permanently retain the changes made to the Charter that relate specifically to the 1998 adoption of Measure X; and section 1213 further provides that if the voters do not pass that proposed Charter amendment, then all of the changes to the Charter that relate specifically to the 1998 adoption of Measure X shall lapse and have no further effect; and

WHEREAS, the elimination of City Charter section 1213 would have the effect of maintaining the provisions of the Charter that relate specifically to the 1998 adoption of Measure X, thereby permanently retaining, among other things, (1) the "strong mayor" who is not a member of the City Council and serves as the chief executive officer of the City, (2) an elected City Attorney and (3) the provision that requires that the voters approve City Council salary increases; and

WHEREAS, other major metropolitan cities in California, such as San Francisco and Los Angeles have a Mayor who is not a member of the legislative body and serves as the city 's chief executive; and

WHEREAS, the current Council-Mayor form of government preserves the separation of powers in accordance with the founding principles of American democracy; now therefore be it

RESOLVED: that the text of the proposed charter amendment shall read as follows:

The Oakland City Charter is amended as follows:
( 1) Section 303 of the Oakland City charter is amended to read as follows:

Section 302. Term of Office, the Mayor. The Mayor shall be elected to a term of four years beginning at 11: 00 a. m. on the first Monday of January following his election; provided however that when a Mayor is elected to fill a vacancy in the Office of Mayor and serve for the balance of the unexpired term, the term shall commence on the date the person takes the oath of office or 10 days after issuance of a certificate of election, whichever is earlier. The Mayor elected to Office to serve a term beginning in 1985 shall serve in Office until 11: 00 a. m. on the Monday following January 1, in 1991. In 1990 municipal elections will be held to select City Officers for four year terms, including the Office of Mayor. No person shall be elected to the office of Mayor more than twice, except that a person may be elected three times so long as one of the three times is to fill an unexpired term of two years or less due to a mayoral vacancy. and no person who has held the office of Mayor, or acted as Mayor, for more than two years of a term for which some other person was elected Mayor shall be elected to the office of Mayor more than once.

( 2) Section 1213 of the Oakland City Charter which reads as follows is deleted:

Section 1213. Sunset Provision. At the general election to be held in November, 2004, the City Council shall cause to be placed on the ballot a proposed Charter amendment the sole effect of which, if passed shall be to retain the changes made to the Charter that relate specifically to the 1998 adoption of Measure X. If that proposed Charter amendment is put before the voters and not passed, then all of said changes to the Charter lapse and have no further effect.