Pass: 5585 / 72.83% Yes votes ...... 2084 / 27.17% No votes

See Also: Index of all Measures

Impartial Analysis from the City Attorney

Councilmembers in the City of Pinole are elected for four year terms. Under current law, there is no limit on the number of terms an individual may serve as a councilmember.

State law was amended in 1996 to allow the voters to impose term limits on city councilmembers. Measure N is a ballot measure which, if adopted by a simple majority vote of the people, will impose term limits on councilmembers. Measure N would prohibit a councilmember from serving more than three successive four-year terms until an intervening period of two years has elapsed. The effect of Measure N would be to limit service on the City Council to twelve (12) consecutive years except in those situations described in the next paragraph.

The proposed ordinance defines a "term" of office to be two years plus one day for a councilmember. It is possible, therefore, for an individual to serve more than twelve consecutive years. For example, a person who is appointed to fill a one-year vacancy as a councilmember could then serve three full terms as a councilmember with the result that he or she would serve thirteen consecutive years on the council.

If adopted by the voters, the proposed ordinance will become effective ten days after the results of the election are certified by the Council. The term limits will apply to persons who are sworn into office after the proposed ordinance becomes effective. If Measure N passes, the term limits can only be amended by the voters. If Measure N fails, there will continue to be no limit on the number of terms an individual can serve as a councilmember.

Respectfully submitted,

Benjamin T. Reyes II
City Attorney, City of Pinole

Inga B. Lintvedt
Assistant City Attorney