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Smart Voter
Alameda County, CA June 6, 2006 Election
Measure H
Term for Appointed Commission Members
City of Albany

City Charter Amendment - Majority Approval Required

Pass: 2,912 / 77.6% Yes votes ...... 842 / 22.4% No votes

See Also: Index of all Measures

Results as of Jul 17 11:35am, 100.0% of Precincts Reporting (13/13)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

Do you approve the modification of Section 3.23 of the City Charter to provide that appointees to committees or commissions serve for a term lasting until the next general election?

Meaning of Voting Yes/No
A YES vote on this measure means:
A `yes' vote on this Charter measure would amend Section 3.23 to approve a reduction in the term length of appointment of commission, committee, and board members from four years to two years.

A NO vote on this measure means:
A `no' vote on this measure would result in no change to the language of Section 3.23 of the City Charter, and, therefore, the appointees to commissions or committees would serve terms concurrent with the term of the appointing councilmember. Generally, this is a four year tenure.

Impartial Analysis from Albany City Attorney
The Charter Review Committee, after consideration of this matter, recommended that the City Council place this charter amendment before the voters. Charter Section 3.23 presently provides that persons appointed to committees, commissions, or boards serve for a "term concurrent with the full term of the appointing Council member . . ."


The proposed change, if adopted by a majority of the voters who vote, provides that an appointee "shall serve for a term lasting until the next general election, unless reappointed".


Effectively, if this Charter amendment is approved, appointee terms would be for a two year period rather than a four year period. This change would permit council members to either reappoint a person at the end of a two year term or to appoint someone else to a new two year term. There is no financial impact related to this proposed change.
Submitted by:
s/Robert Zweben
Albany City Attorney

  News and Analysis

Contra Costa Times

Oakland Tribune
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Arguments For Measure H
Measure H + Charter Amendment for Commission Terms


This measure was drafted and recommended by the Albany Charter Review Committee and reviewed and approved by the Albany City Council in public hearings. The current Albany City Charter allows members of city commissions and committees appointed by elected City Council members to serve for four years without removal except for poor attendance and inappropriate conduct. Measure H will change the Charter to allow the City Council to appoint or re-appoint commission and committee members after each general election every two years. With changing times and issues in our city this Charter amendment will provide greater flexibility to the City Council to create more timely and effective commissions and committees.

s/Robert Outis
Charter Review Committee
s/Jewel Okawachi
City Council
s/Allan Maris
Mayor
s/Jerri Holan
Charter Review Committee
s/David Arkin, A.I.A.
Planning and Zoning Commissioner

(No arguments against Measure H were submitted)

Full Text of Measure H
EXHIBIT C
PROPOSED MODIFICATIONS TO SECTION 3.23 OF THE CITY CHARTER


The people of the City of Albany modify Section 3.23 of the City Charter to read as follows:


Section 3.23 APPOINTEE PROCEDURES.


a. Except as otherwise provided in this Charter, all members of commissions, boards, committees, task forces, or any other similar bodies, who are appointed by the Mayor or by individual Council members, shall be appointed to a term concurrent with the full term of the appointing Council member shall serve for a term lasting until the next general municipal election, unless reappointed. This requirement includes those ratified by the City Council as a whole. In the case of appointments made by the Council as a whole, and where the Mayor or individual Council members do not make nominations, the terms shall extend until the next general municipal election, unless otherwise established by ordinance or resolution. In the event a Council member ceases to serve a full term for any reason, the appointees of that Council member may be replaced or re-appointed by the successor Council member and the new appointee shall serve until the next general municipal election. The City Council may establish by ordinance or resolution provisions for the orderly transition between terms of appointees after the election or appointment of Council members. The City Council may establish a committee, commission board, task force, or other advisory body with a limited time frame of less than two years. In such case, the term of the appointees shall coincide with the time frame established by the City Council.
Procedures and policies for appointment, renewal, terms and qualifications of appointees, not inconsistent with this Charter, may be established by ordinance or resolution of the Council.


b. The City Council shall establish by ordinance or resolution a policy, to be applied equally to all appointees, for automatic removal due to excessive absenteeism, conviction for a felony, or for failure to maintain a residence in Albany unless Council specifically provides for non-resident members.


c. Any other removal shall be only for cause and then only by a majority vote of the City Council. Appointees shall be notified of such cause, in writing, at least twenty-one (21) days prior to the vote of the City Council.


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