Pass: 1,532 / 66.12% Yes votes ...... 785 / 33.88% No votes

See Also: Index of all Measures

Impartial Analysis from Stephen P. Deitsch, City Attorney

Measure "Q" proposes approval of Ordinance Bill No. 2012-04 by the qualified voters of the City of Indian Wells.

The Ordinance would provide that, at the first regular Council meeting in December annually, the Council will appoint one Council Member as Mayor and one Council Member as Mayor Pro Tempore. The Council Member having the longest current continuous membership on the Council without serving as Mayor shall be appointed as Mayor, and the Council Member having the second longest current continuous membership on the Council without serving as Mayor shall be appointed Mayor Pro Tempore. Currently, the Mayor and Mayor Pro Tempore are selected annually from among all Council Members, and can be changed at any time by a majority vote of the Council.

The Ordinance would provide a specific procedure for selection of the Mayor and Mayor Pro Tempore if two or more Council Members equally qualify for appointment. The Mayor and Mayor Pro Tempore shall serve until their applicable successor is appointed, or until they vacate their applicable position due to inability to fulfill the responsibilities of that position.

A Council Member shall not be appointed Mayor or Mayor Pro Tempore, or a Council Member so appointed shall be deemed to have vacated the position of Mayor or Mayor Pro Tempore, if he or she is unable to fulfill the responsibilities of that position, due to one or more of the following reasons:

1. unexcused absences from more than four Council meetings within the twelve month period prior to appointment or during the term of service as Mayor or Mayor Pro Tempore;

2. resignation or voluntary decision not to assume appointment as Mayor or Mayor Pro Tempore;

3. death or physical incapacity;

4. mental incapacity;

5. if censured by a majority of the City Council for specific reasons outlined in the Ordinance; or

6. arrest for a felony or crime of violence or moral turpitude, provided that, if prosecution of such crime is terminated without a plea agreement or conviction, such Council Member shall be placed in the highest priority for reappointment to the position.

If the position of Mayor becomes vacant due to inability to fulfill the duties of that position, the Mayor Pro Tempore shall be appointed Mayor, and shall be reappointed Mayor for the next full term of the position. Further, if the position of Mayor Pro Tempore becomes vacant due to inability to fulfill the duties of that position, the Council Member next qualified to become Mayor Pro Tempore shall be appointed Mayor Pro Tempore, and shall be reappointed Mayor Pro Tempore for the next full term of the position.

Measure "Q" requires approval of a majority of voters. A "yes" vote for Measure "Q" will approve the proposed Ordinance described above. A "no" vote against Measure "Q" will maintain the status quo.