This is an archive of a past election.
See http://www.smartvoter.org/ca/alm/ for current information.
LWV League of Women Voters of California Education Fund
Smart Voter
Alameda County, CA November 2, 2004 Election
Measure EE
Mayor and Council Terms
City of San Leandro

Charter Amendment - Majority Approval Required

15,400 / 61.2% Yes votes ...... 9,746 / 38.8% No votes

See Also: Index of all Measures

Results as of Dec 15 1:28pm, 100.0% of Precincts Reporting (58/58)
Information shown below: Impartial Analysis | Arguments | Full Text

Shall the City of San Leandro Charter be amended to provide for a fixed four-year term of office for Council Members and the Mayor commencing on January 1 following the election?

Impartial Analysis from San Leandro City Attorney
The San Leandro City Council has placed a measure on the November 2, 2004 ballot asking voters to approve amending the City's Charter to resolve a conflict regarding when a councilmember's term of office begins. This Charter amendment also establishes the date upon which a councilmember's term ends for councilmembers elected in either 2002 or 2004.

Currently, City Charter section 235 provides that councilmembers and the Mayor shall hold office for a term of four years. If a candidate receives a majority vote (50 plus 1) the term of office shall commence 35 days after the election. If a run-off is required, the term of office for all offices voted on during the election shall commence 35 days after the run-off is held. Thus, the term of office following an election can vary from election cycle to election cycle depending on the election date and whether a run-off election is required.

Charter section 235 currently conflicts with San Leandro Municipal Code section 1-11-105. This Code section provides that a councilmember's four year term of office begins on a fixed date, January 1, following the election. The Charter provision, however, takes precedence over the Municipal Code. Voter approval is required to amend the City Charter.


To resolve this conflict, a measure to amend City Charter section 235 to provide that a councilmember's term would begin on January 1 following the election has been proposed by the City Council. To implement the amendment as it pertains to current office holders, this measure also adds a new subsection (b) to City Charter section 235 to provide that a councilmember elected in 2002 will hold office until December 31, 2006 and a councilmember elected in 2004 will hold office until December 31, 2008.

To amend the City Charter, this measure must receive a majority "yes" vote.

s/JAYNE W. WILLIAMS City Attorney

 
Suggest a link related to Measure EE
Links to sources outside of Smart Voter are provided for information only and do not imply endorsement.

Arguments For Measure EE Arguments Against Measure EE
We urge your support for this technical clean-up of the City's Charter. The Charter amendment in 2000 requiring a majority vote to elect new Councilmembers and the Mayor has necessitated this change to clarify that newly elected officers take office on January 1 following their election.

To implement this technical amendment the Councilmembers and the Mayor who took office in 2002 will serve through December 31, 2006, and Councilmembers who take office following the 2004 election and resulting runoff election (if any) will serve through December 31, 2008. *

Please vote "Yes" on Measure EE.

s/SHELIA B. YOUNG Mayor
s/ROBERT. H. GLAZE Councilman
s/ORVAL BADGER Vice Mayor
s/GLENDA NARDINE, RN Councilmember

Rebuttal to Arguments For
Look who's instigating this unwarranted shammy - seizure of the City's Charter amendment process - Fixed Four-Year Terms - The Mayor's so-called "technical" clean-up of the City's Charter - is a sham.

The public was made aware after 21 July, only "four of seven" Councilmembers as authors/proponents of (FF-YT) have failed to provide any clear/concise/meaningful argument! Or even why, there's a need for their majority plus one vote' in City Non-Partisan Elections?

Common sense dictates - majority plus-one elections fail - when a Non-Partisan' voter has from one to three "picks" that end-up "tallied" as individual votes!

Out of seven councilmembers that included the Mayor, Vice-Mayor and two councilmembers are "publicly" in agreement demanding Yes votes on their ballot measure.

Also, our Mayor has "necessitated this change" with-out any meaningful/concise/'reason' why there's now a need to amend the City Charter for special individual political benefit's after many decades of San Leandro Non-Partisan Elections:

Over the past three city elections, there has been two councilmembers appointed to public office, and two councilmembers "elected" to public office without any "candidate" opponent - that guarantees there's no-need for any City Election.

Equally but obviously three of seven councilmembers, who publicly, and silently selected to not support or favor their councilmember colleagues relentless and political decision making process - doing nothing for the benefit of first time voter also 2 of 3 are now seeking voter's re-election back to city public office:

Protect Voter Rights - Vote NO on Measure EE.

s/LOU FILIPOVICH
s/HELEN BASSETT
s/ALBERT E. PALADINI
s/ALBERT J. ROSENGA, JR.

If honestly believe in protecting voter's right to vote - by all means - Vote NO on Measure EE.

This political proposed city charter amendment, the result of a former city back-door maneuver eliminating required voter signatures, then placed their majority plus-one vote former ballot measure "F' on the past November 7, 2000 election and became another city charter amendment!

For decades this nations form of elected government at both Federal or State is Partisan and, at all levels of local government it is Non-Partisan: Elections are partisan and non-partisan - Candidates are partisan and non-partisan; all voters are also partisan and non-partisan - Only a registered voter/elector is both partisan and non-partisan - at the same time!

The San Leandro City charter is based on Non-Partisan representative' elected government that at least, shall maintain the appearance of non-partisanship' with-in all and specifically City enacted legislation favoring any "individual" or any "individual" political parties and "special interest" groups.

The City of San Leandro 50% plus one of the "votes cast' to be "elected' to a Non-Partisan Public Office is a sham! First; the city majority vote that's based on former ballot measure "F' is a November 2000 flawed election process, and - when based on Non-Partisan (At-large) Elections!

Even a (3) to (5) majority of the original City citizens who as authors of their own ballot measure "F' - No longer support are opposed to the Run-Off city election process, specifically, as it applies to today's representative Non- Partisan Government!

A known fact: A seven member city councel requires four out of seven votes to enact a election or "place" city legislation on a voter's ballot, without any requirements to obtain or seek any voter signatures of approval in order to place whatever the city want's on their election ballot

Do not be politically fooled that "Fixed Four-Year Terms" and voter rights have nothing in common - protect voting rights - Vote NO on Measure EE.

s/LOU FILIPOVICH
s/HELEN BASSETT
s/THOMAS HUDSON
s/ALBERT E. PALADINI

Rebuttal to Arguments Against
Measure EE is simply a clean-up amendment to clarify two sections of the City Charter regarding the beginning and ending dates of service by elected officials. The Mayor and Councilmembers who took office in 2002 will serve through December 31, 2006 and Councilmembers who take office following the 2004 election and resulting runoff election (if any) will serve through December 31, 2008.

Please vote "Yes" on Measure EE.

s/SHELIA B. YOUNG Mayor
s/ROBERT H. GLAZE Councilman
s/GLENDA NARDINE Councilmember
s/ORVAL BADGER Vice Mayor

Full Text of Measure EE
CITY OF SAN LEANDRO
PROPOSED AMENDMENTS TO CITY CHARTER ARTICLE II. CITY COUNCIL:
MEMBERSHIP, COMPENSATION

Section 1. Section 235 of the City Charter is hereby amended to read as follows:

Section 235: TERM OF OFFICE.
a. Council Members and the Mayor shall hold office for four years. The term of office shall commence thirty-five days after the General Municipal Election on January 1 following the election. If a run-off is required pursuant to Section 225(b) of this Charter, the term of office for all offices voted on during that General Municipal Election shall commence thirty-five days after the run-off is held.
b. Notwithstanding the provisions of Section 235(a) of this Charter, the officers elected in 2002 shall hold office for a term ending December 31, 2006 and officers elected in 2004 shall hold office for a term ending December 31, 2008.


Alameda Home Page || Statewide Links || About Smart Voter || Feedback
Created: December 15, 2004 13:28 PST
Smart Voter <http://www.smartvoter.org/>
Copyright © League of Women Voters of California Education Fund   http://ca.lwv.org
The League of Women Voters neither supports nor opposes candidates for public office or political parties.