Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MARIA ALICIA DUARTE, CMC, CITY CLERK
BY: JOHN M. FUNK, CITY ATTORNEY
DATE: JUNE 11, 2024
SUBJECT: CONSIDERATION OF CITY COUNCIL TERM LIMITS AND DISCUSSION OF
POTENTIAL CITY CHARTER AMENDMENT
EXECUTIVE SUMMARY
The City Council will discuss the subject of term limits for its members, as those limits presently exist under the Downey City Charter and with respect to any proposed changes to the current limits. The City Council may wish to explore this or other Charter amendments for placement on the ballot in November.
RECOMMENDATION
That the City Council:
Discuss the subject of term limits for councilmembers, as those limits presently exist under the Downey City Charter and with respect to any proposed changes to the current limits, which would be submitted to Downey voters for consideration if desired, and provide direction to staff.
BACKGROUND/ANALYSIS
At the City Council meeting on May 28, 2024, the City Council requested that the subject of term limits be agendized for consideration. At the same time, other matters relating to elections, including changes to District 5, were mentioned by the Mayor.
Both general law and charter cities may limit the number of terms that may be served by members of a city council. The California Supreme Court has determined that term limitations do not impermissibly infringe on a candidate’s right to hold public office or on an individual’s right to vote for the candidate of their choice.
Under state law, any proposal to limit the number of terms that a member of the city council may serve on the city council (or the number of terms an elected mayor may serve) applies prospectively and must be approved by a majority of voters of the city at a regularly scheduled election. Prospective application means that term limits would apply only to new council terms that were voted upon at the same time they were adopted or
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later. For example, a term limits measure approved in 2024 would apply only to new terms elected on November 5, 2024, then in November 2026, 2028, etc.
Under certain circumstances, term limits may nevertheless operate retroactively in charter cities. Retroactive application means that term limits would apply to terms elected at prior elections (November 2020, 2022).
Beyond the above principles, the manner in which term limits are ultimately drafted is left to local policy. There are the following policy factors to consider.
Length of Term Limits
California cities typically set either a two- or three-term limit. While one-term and four- term limits are legally permissible, they are rare in California. Locally, Long Beach imposes a limit of three terms on members of its city council. (Voters in that city approved an extension from two to three terms in 2018.) Other surrounding cities with three-year term limits include Pico Rivera, Bell Gardens, and Montebello.
Lifetime or Consecutive Term Limits
A lifetime term limit is precisely that. When the elected official reaches the applicable term limit, he or she may no longer serve in that elected office for the remainder of his or her life.
In the case of a consecutive term limit, when the elected official reaches the applicable term limit (typically two or three) he or she must step down from the office for a period of time. During this “cooling off” period, the person may not be elected or appointed to serve in that office. State law does not set a specific “cooling off” period. That being said, this is typically set by local agencies at either two or four years. After the “cooling off” period expires, the person may again run for that elected office (or be appointed to such office) for additional consecutive terms as allowed under the term limits measure.
Because Downey elects its councilmembers by electoral districts, a two-year “cooling off” period would, for all practical purposes, have the effect of a four-year period for outgoing councilmembers. This is because a council seat in any particular district is typically contested only every four years. However, if one were to move to another district, or if the council seat from one’s own district should be vacated mid-term, a person could serve once again on the Council if at least two years (but less than four years) have passed since leaving the Council.
Prior Terms
Prior periods of council service may be addressed in two different manners. Prior terms may count against any term limits measure, whether lifetime or consecutive in nature. If prior terms do not count against term limits, all individuals seeking office after the time of
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approval would be considered to have no prior service and be entitled to the maximum time of service allowed, subject to their election to office.
Partial Terms
Partial terms refer to the scenario where someone is specially elected or appointed to fill a council vacancy for less than the full four-year term. Some measures count partial terms against the applicable term limit, while others do not. Further, among those measures that count partial terms, virtually all of them are lifetime term limits measures.
Partial terms are rarely counted against a consecutive term limit.
History of Term Limits in Downey
Term limits for members of the Downey City Council are imposed by Section 500.1 of the City Charter, a copy of which is attached (Attachment A). Individuals may serve a lifetime maximum of two full terms, where the term of the office is four years (as defined by Section 500 of the Charter). A “full term” means 50% or more of the term. Downey’s current term limits are therefore of the “lifetime” type described above.
These term limits were created in 1993, when approved by voters at a special election in November of that year and written into the City Charter as a result. The term limits measure was proposed as an initiative charter amendment petition submitted by former councilmember Joseph Di Loreto and received enough signatures to qualify for the ballot.
By express intent, the 1993 term limits were retroactive in nature. Before the 1993 measure, there were no term limits for councilmembers.
For the election originally scheduled for November 6, 2007, but later called for and held on February 5, 2008, the City Council placed a charter amendment on the ballot relating to term limits. Known as Charter Amendment No. 13 internally, and “Measure G” for purposes of the election, it provided the following:
Charter Amendment No. 13: Section 500.1 of the Downey City Charter is hereby amended by deleting the existing wording and replacing it with the following: “Section 500.1 LIMITATION OF TERM. Any person who shall have served three (3) consecutive 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 Council Member for two (2) years or more of an unexpired term, or two (2) years or more of an elected term, shall be considered to have served a term.
It is the intent of this Charter Amendment that this Amendment shall be retroactive.
Measure G would have extended the term limit for councilmembers to three consecutive terms and allowed individuals to again run for office after a two-year waiting period. At the election, Measure G was defeated by Downey voters. Of the votes cast for the
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measure, 6,977 (33%) were in favor and 14,192 against (67%). The term limits proposed by Measure G were of the “consecutive” type described above and would also have been retroactive in nature.
Accordingly, term limits for councilmembers remain governed by Section 500.1 of the City Charter in its present form.
Framing Questions for Consideration
The policy issues above may be framed as a series of questions for the City Council to consider.
• Should there be a modification to council term limits? If the Council’s answer is “no”, then the discussion is concluded.
If the Council’s answer is “yes”, there is the next set of questions.
• How long should term limits be?
Two terms? Three terms?
• Lifetime or Consecutive Term Limits?
If consecutive, what is the “cooling off” period?
Two years? Four years?
• How to Count Prior Terms?
Prior terms count against the limit?
Prior terms do not count against the limit?
• How to Count Partial Terms?
Partial terms of any length count against the limit?
Partial terms of any length do not count against the limit?
DISCUSSION
It is well established that the election of city councilmembers is a municipal affair, over which charter cities have authority. Any changes to the current term limits for councilmembers would be accomplished by a charter amendment submitted to voters through a ballot measure. That process involves the following steps.
Steps
1. The California Elections Code requires that the City Council adopt a resolution to submit a ballot measure amending the Charter to voters at least 88 days in advance of the respective election. For the general municipal election scheduled for November 4, 2024, this means that the resolution must be adopted no later than the July 23 City Council meeting (as the resolution must be submitted to the County no later than August
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9, or before the following council meeting scheduled for August 13). If directed by the City Council, staff will prepare the resolution for consideration within this timeframe.
2. The City Council, or a member or members of the City Council, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against the measure, which cannot exceed 300 words in length. If more than one argument for, or more than one argument against, the measure is submitted to the City Clerk, the City will select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument, the City gives preference to the City Council or members authorized by the City Council.
3. The City Council may direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis is limited to 500 words in length and would be printed in the voter information guide.
4. If the resolution submitting the ballot measure to voters is adopted by the City Council, the City Clerk would be required to file a certified copy with the Los Angeles County Board of Supervisors and the Registrar of Voters for Los Angeles County (County) no later than August 9. As the City’s elections official, the City Clerk will also be required to publish legal notices relating to the election as prescribed by state law.
It should be noted that by placing the measure on the ballot, the City Council is not endorsing or taking a position but rather asking the voters of Downey to consider the proposed Charter amendment.
A voter ballot measure to amend the City Charter is intended to be revenue neutral, but if directed to proceed, there will be an expense associated with the placement of the measure on the ballot and the costs for the election. In consultation with the County, the costs for this ballot measure alone are estimated at approximately $35,000, subject to further confirmation.
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Public Engagement
FISCAL IMPACT
There is no fiscal impact with this report discussion.
ATTACHMENTS
Attachment A: Downey City Charter Section 500.1
Section 500.1.LIMITATION OF TERM.
(a)Notwithstanding any other previously enacted provision of law or of this Charter, the City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot or ballot label, the name of any person who either:
(1)Has been elected to two full terms as a member of the City Council and thereafter seeks to become a candidate for City Council, or (2)A full term is 50% or more of the term as defined in the City Charter. It is the intent of the Charter Amendment that this Amendment shall be retroactive.
City of Downey, CA
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