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Contra Costa County, CA November 4, 2008 Election
Measure N
Term Limits Measure
City of Pinole

Majority Approval Required

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

See Also: Index of all Measures

Results as of Dec 2 8:18pm, 100.0% of Precincts Reporting (20/20)
Information shown below: Impartial Analysis | Full Text

Shall an ordinance be adopted to enact term limits upon members of the Pinole City Council, preventing any person who serves three (3) successive terms from serving again until an intervening period of two (2) years has elapsed?

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

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Full Text of Measure N
ORDINANCE NO. 2008- __


The people of the City of Pinole do ordain as follows:

Section 1. Pinole Municipal Code Amendment. Chapter 2.08 "Councilmembers' Salaries" of the Pinole Municipal Code is hereby renamed as "Councilmembers" and amended as follows (deletions in strikethrough; additions in italics):

Chapter 2.08 Councilmembers' Salaries Councilmembers

2.08.010 Councilmembers' Salaries

2.08.020 Reimbursement

2.08.030 Term Limits

2.08.010 COUNCILMEMBERS' SALARIES. Councilmembers' salaries shall be two hundred fifty dollars a month.

2.08.020 REIMBURSEMENT. The salaries prescribed herein are and shall be exclusive of any amounts payable to each member of the Council as reimbursement for actual and necessary expenses incurred by him/her in the performance of official duties for the City, which said actual necessary expenses shall not be paid save and except upon authorization of the City Council.

2.08.030 TERM LIMITS. Any person who shall have served three (3) successive terms as a member of the Council shall be ineligible to serve again in the office until an intervening period of two (2) years has elapsed. For the purposes hereof, any person who serves as a Councilmember for two (2) years or more of an appointed or elected term shall be considered to have served a term. Terms completed prior to this provision taking effect shall not be counted in determining a person's eligibility under this section, but terms that are in progress at the time this provision goes into effect shall count toward the three (3) term limit.

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