14,991 / 57.2% Yes votes ...... 11,225 / 42.8% No votes

See Also: Index of all Measures

Meaning of Voting Yes/No

A YES vote of this measure means:

A "yes" vote would approve the proposed amendment to the City of Alameda City Charter and would delete references to the Board of Education from that Charter.

A NO vote of this measure means:

A "no" vote would disapprove the proposed amendment to the City of Alameda City Charter and would retain in that Charter the references to the Board of Education described above.

The City of Alameda City Charter now includes three references to the Board of Education. The first provides that, if vacancies exist in a majority of the City Council seats, two of those vacancies are to be filled by the two members of the Board of Education receiving the highest number of votes at the last election. The second exempts the Board of Education from a provision that, with certain exceptions, prohibits compensation for service on City Boards. The third governs the nomination and election of members of the Board of Education, their terms of office, and procedures for filling vacancies on the Board.

This measure would adopt a new provision of the City of Alameda City Charter to require an election to fill a City Council vacancy if two members of the City Council had been appointed to previous vacancies. Such an election must be held within 90 days of the vacancy. If necessary to form a quorum of three Councilmembers, one or more of the following City officials will serve as Interim City Councilmembers until a special election is held: Auditor, Treasurer, and Planning Board President.

This measure would delete the provision of the City of Alameda City Charter allowing compensation of members of the Board of Education and would repeal the provisions of that Charter governing the nomination and election of members of the Board of Education, their terms of office, and filling vacancies on the Board, leaving all these issues to be addressed by State law.

A "yes" vote would approve the proposed amendment to the City of Alameda City Charter and would delete references to the Board of Education from that Charter.

A "no" vote would disapprove the proposed amendment to the City of Alameda City Charter and would retain in that Charter the references to the Board of Education described above.

s/CAROL A. KORADE City Attorney

Both the City and the School District are regulated in part by the general laws of the State of California and they conduct their operations in compliance with State laws. As an older City, the City of Alameda is also governed in part by its City Charter. The Alameda City Charter applies almost exclusively to the City and not the School District, except for one area: elections. School Board elections for the School District are regulated in part by the Alameda City Charter. School Board elections are also governed by State law in the Elections Code and Education Code.

The Measure, if approved by the voters of Alameda, will repeal these inconsistent and excess provisions of the City Charter that impact the School District. If these provisions are repealed, the Alameda School Board election process will be controlled exclusively by State law, as are most other school board elections throughout the State. The repeal of these inconsistent provisions of the City Charter impacting the School District will have no effect on the remaining provisions of the City Charter and it will continue to govern certain areas of the City, just as it has done for many years.

As members of the Alameda community, we urge you to vote YES on the Measure to repeal the inconsistent and excess provisions of the Charter so that School District election activities can be controlled by State law.

s/MIKE McMAHON Vice-President, Board of Education

s/TRACY JENSEN Member, Board of Education

s/FRANK MATARRESE Councilmember

s/TONY DAYSOG Vice Mayor

s/BEVERLY J. JOHNSON Mayor

CITY CHARTER AMENDMENT

Sec. 2-7(D). In the event that vacancies exist in a majority of the offices of Councilmember, such vacancies shall be filled by the two members of the Alameda School Board receiving the highest number of votes at the last election and the President of the Board of Library Trustees the following officers, in the order named, sufficient to constitute a Council quorum of three, to-wit, Auditor, Treasurer, and President of the Planning Board until the vacancies are filled at a Special Election to be held within 90 days of the date successor is selected pursuant to this section. This successor shall serve the unexpired term.

Sec. 10-12. No position of employment with any right of compensation attached thereto shall be established under the jurisdiction of any said boards, except the Board of Education, the Public Utilities Board and the Library Board, except by action of the Council.

ARTICLE XI

Repealed.

Board of Education

Sec. 11-1. The Board of Education shall control and manage the public schools in the City in accordance with the Constitution and general law of the State of California and is hereby vested with all the powers and charged with all the duties provided by this Charter and by general law for governing boards of city school districts.

Sec. 11-2. Notwithstanding any other provisions of this Charter to the contrary, the matters contained in this section shall be controlling as to the Board of Education. The Board of Education shall consist of five members elected by the qualified electors of the City at large, at the time, in the manner, and with the qualifications provided elsewhere in this Charter for the qualification, nomination and election of other elective officers of the City, and shall serve a term of four years thereafter and until their successors are elected and qualified.

At such General Municipal Election hereunder, either two or three members of said Board, as the case may be, shall be elected for four year terms to fill the vacancies caused by the expiration of the terms of the members.

The term of each officer elected hereunder shall commence at 7:30 o'clock p.m. on the fourth Tuesday of the month following the General Municipal Election at which such officer was elected and continue for four years thereafter and until his or her successor is elected and qualified. The term of each elective officer holding office as of June 2, 1992, shall be shortened approximately four to five months to 7:30 o'clock p.m. of the fourth Tuesday of the month following the November 3, 1992 General Municipal Election and shall be considered a complete term.

A vacancy on the Board of Education, arising otherwise than as provided in Article XX, shall be filled by appointment by said Board, said appointee to hold office for the term provided in Section 2-8 of this Charter. After any such vacancy in the office of a member of said Board has continued for twenty-one days, the vacancy shall be filled by the Council.

It is hereby declared to be the intent of this section that the only changes to be effective by its terms are to make the Board of Education elective, rather than appointed, and to provide the manner in which the members thereof shall be elected. Except to the extent that they are inconsistent with the provisions of this section, other provisions of this Charter relating to the Board of Education and other elective officers shall apply to the Board of Education provided for by this section.

Sec. 23-5. The Boards and members thereof named in the first column following shall be deemed to be the successors to the Boards and members thereof named in the second column following. All incumbents and members of Boards in the second column at the time this Charter takes effect shall immediately assume and continue to hold the successor office for the remainder of their unexpired terms.

Board of Education, successor to Board of Education.

Library Board, successor to Board of Library Trustees.

Public Utilities Board, successor to Board of Public Utilities Commissioners.

Social Service Board, successor to Board of Social Service.