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San Joaquin County, CA November 6, 2012 Election
Measure D
Ammending Term Limits
San Joaquin County

Ordinance - Majority Approval Required

Fail: 78752 / 41.75% Yes votes ...... 109872 / 58.25% No votes

See Also: Index of all Measures

Results as of Dec 3 4:01pm, 100.0% of Precincts Reporting (430/430)
Information shown below: Impartial Analysis | Arguments |

Shall an ordinance be adopted to allow a member of the Board of Supervisors and the County Board of Education to serve three (3) terms of office rather than two (2) terms as currently allowed by law and that this three (3) term limit be a lifetime restriction on the number of terms a person can serve on these boards?

Impartial Analysis from San Joaquin County Counsel
On June 2, 1998, a term limits initiative (designated as "Measure A" on the ballot) limiting members of the San Joaquin County Board of Supervisors and the San Joaquin County Board of Education to two (2) terms of office was approved by a majority of registered voters in San Joaquin County. Measure A did not address whether the two (2) term limit was a lifetime restriction. Although the two (2) term limit imposed by Measure A is currently the law in San Joaquin County, it has never been formally codified in the San Joaquin County Ordinance Code.


California Elections Code Section 9125 states that an initiative proposed and approved by the voters, such as Measure A, may only be repealed or amended by a vote of the people. On July 24, 2012, pursuant to Elections Code Section 9140, the San Joaquin County Board of Supervisors passed and adopted Resolution R-12-279, which authorized submission of an ordinance to the voters of San Joaquin County regarding amendments to the term limits adopted in 1998.


If approved by a majority of the voters, Measure D will amend Measure A to limit a member of the County Board of Supervisors and the County Board of Education to three (3) terms of office, rather than two (2). Measure D would also clarify that the three (3) term limit is a lifetime restriction. Finally, Measure D would cause these term limits provisions to be formally codified in the San Joaquin County Ordinance Code in the following form:

An Ordinance Amending Measure A and Adding Chapter 5 of Division 1 of Title 2 of the Ordinance Code of San Joaquin County Pertaining to Term Limits


The People of the county of San Joaquin ordain as follows:


Section 1: Chapter 5 of division 1 of Title 2 of the Ordinance Code of San Joaquin County is hereby added to read as follows:

2-1060 TERM LIMITS


Members of the Board of supervisors and Board of Education shall be limited to three (3) terms of office during their lifetime.


Section 2: Severability. The provisions of this ordinance are severable. If any provision of this ordinance is held invalid, that invalidity shall not affect other provisions that can be given effect without the invalid provision.


Section 3: Conflicting Initiatives. In the event that this ordinance and another measure or initiative limiting or changing the number of terms a person may serve in office on the Board of Supervisors or Board of Education shall appear on the same election ballot, the provision of the other measure or initiative shall be deemed in conflict with this ordinance, and in the event this ordinance receives a greater number of affirmative votes, the provisions of this ordinance shall prevail in its entirety, and the other measure or initiative shall be void.

DAVID WOOTEN San Joaquin County Counsel

 
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Arguments For Measure D Arguments Against Measure D
Measure D reforms the current San Joaquin County term limit law by allowing voters to elect members to the San Joaquin Board of Supervisors and County Board of Education from the current maximum two (2) four year terms to a maximum of three (3) four year terms in office.

1. Measure D maintains term limits

2. Clarifies that Board of Supervisors and County Board of Education members may serve no more than three terms in his or her lifetime

3. San Joaquin County residents are better served when voters have the choice to elect board members to a third term in office

4. This choice empowers the voting public, while establishing a lifetime ban.

Measure D continues to recognize the value of limiting the number of terms that a person can serve in either position, but also provides a better form of elected representative government and clarifies that the three available terms are the maximum that a person can be elected in his or her lifetime.

Support clear, common sense term limit reform.

Vote YES on Measure D.

Submitted by:

/s/ Jose Rodriguez, Pres./CEO El Concilio /s/ Grant Thompson /s/ John R. Vera, Retired /s/ Sonny Dhaliwal, Council Member

Rebuttal to Arguments For
Vote No on Measure D. This measure does not limit terms, it increases them. The Stockton Record calls Measure D a "self serving deal" - and it is right. The Manteca Bulletin says "Eight is enough." And we agree. They point out Measure D only benefits the "gang of four" that put it on the ballot, namely, County Supervisors Steve Bestolarides, Larry Ruhstaller, Carlos Villapudua, and Ken Vogel. Ironically they refused to sign the adjacent ballot argument. Measure D would allow these four supervisors to collect over $500,000 in additional "salary" for a part-time job. These four also spent over $100,000 of scarce taxpayer dollars putting this measure on the ballot, while cutting funds for essential services including sheriff patrols, criminal prosecutors, health care and road maintenance. Don't let them get away with it - Vote No on Measure D.

Submitted by: /s/ Dean Andal, Businessman and Former California Assemblyman /s/ Leroy Ornellas, Farmer and County Supervisor

Vote No on Measure D. It is merely a scheme orchestrated by four termed-out County Supervisors - Steve Bestolarides, Larry Ruhstaller, Carlos Villapudua, and Ken Vogel - to serve an additional term. This measure attacks existing term limits passed by the voters in 1998. It allows these four supervisors to collect an additional "salary" of $500,000 each from unlucky tasxpayers for this part-time job. Additionally, it cost over $100,000 of your taxpayer money just to put the measure on the ballot. Voters long ago limited these four Supervisors to two four-year terms - just like the President and Governor. Two terms is plenty and they proved that by placing this costly measure on the ballot in the middle of budgtet cutbacks and layoffs. Deputy sheriffs, criminal prosecutors, health care providers, youth programs and road construction have all been dramatically cut- yet they found enough money to make this attempt to get a $500,000 windfall for themselves. Tell them "No". Vote No on Measure D.

Submitted by:

/s/ Dean Andal, Businessman and Former California State Assemblyman /s/ Leroy Ornellas, Farmer and County Supervisor

Rebuttal to Arguments Against
Measure D opponents Dean Andal and Leroy Ornellas have unfortunately chosen to make personal attacks and unsupported claims rather than discussing the benefits of Measure D. Voters deserve better.

Ornellas, soon to be a former elected official, enjoyed 10 years of service and was elected three (3) times to the Board of Supervisors. Ornellas served two additional years and now argues that elected officials with whom he served should not be entitled to the same. It is hypocritical for Ornellas to distort the truth in a misgided effort to deny sitting Board Members that which he has alredy enjoyed, three elected terms.

The underlying issue is whether voters should have the right to decide if County government is better served when members of either the Board of Supervisors or Board of Education are able to be elected up to a maximum of three terms in office. We feel it is important to give voters the opportrunity to retain the leadership which has guided the County with a steady hand through the greatest economic crisis since the Great Depression while at the same time improving education, expanding healthcare services at San Joaquin General Hospital, promoting agriculture, protecting the Delta, and keeping our schools and neighborhoods safe. Good government begins by empowering voters to make informed decisions about their elected representatives.

Voters have a right to choose their representatives without being influenced by those with personal agendas playing cynical political games.

Support Term Limit Reform

Yes on Measure D

For more facts visit Measure-D.com

Submitted by:

/s/ Steve Gutierrez, Form County Supervisor, District 1 /s/ Carlos Villapudua, Board of Supervisors, District 1 /s/ Steve Bestolarides, Chairman, Board of Supervisors, District 3


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Created: December 17, 2012 13:47 PST
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