City Council
Staff Report
From: City Attorney
Report Type: ACTION ITEMS
Lead Department: City Attorney
Meeting Date: May 20, 2024
Report #:2405-3035
TITLE
Ad Hoc Committee recommendation to the City Council on a Potential Charter Amendment on the Direct Election of the Mayor.
RECOMMENDATION
Staff recommends that the City Council:
1. Review the Ad Hoc Committee’s recommendation regarding the specifics of a proposed Charter amendment to directly elect the mayor;
2. Review information from Staff regarding the process for placing the Charter Amendment on the ballot; and
3. Consider whether to place such a Charter Amendment on the ballot for the November 5, 2024 election and, if so, direct staff to return to Council for approval of ballot materials on Consent.
The Ad Hoc Committee recommends that the proposed Charter Amendment provide:
1. The City’s mayor will be directly elected by residents for a term of two years (or a term of four years if extended by Council by ordinance);
2. Candidates for mayor must have at least two years of experience on Council by the time they would assume office; and
3. Service as mayor is limited to two successive terms, as is already the case for service as council member, and no person would be able to serve as council member or mayor for a combined total of more than 12 years in a 16-year period.
BACKGROUND
On February 5, 2024, during a discussion of the Policy and Services Committee Recommendations for Changes to the City Council Procedures and Protocols Handbook based on Prior City Council Referrals, the City Council moved to:
• Direct staff to return to City Council with information to pursue a ballot measure for 2024 to ask the voters if they would like to have a directly elected mayor or not. The term would be for 2 or 4 years; and
• Create an ad hoc that could work with staff to develop the specifics to return to Council with the draft Charter Amendment by June 2024.
ANALYSIS
Existing Law. The City’s charter currently requires the Council to elect one of its members to serve as the mayor and another to serve as vice-mayor, each for one year. The Charter empowers the mayor to act as the Council’s presiding officer, sign all official documents when required by law, and represent the City at public or ceremonial events. The mayor votes like other council members but cannot veto decisions. The mayor does not handle daily administrative tasks but can participate in all City boards, commissions, and committees. The mayor can also administer oaths and may have other duties assigned by the Council. If the mayor is absent or unable to perform their duties, the vice-mayor will take over with all the mayor's powers. If the positions of mayor or vice-mayor become vacant, the Council will appoint someone to serve the remaining term.
Proposed Amendment. As directed by the Council, the Ad Hoc Committee, composed of Mayor Stone and Council Member Veenker, evaluated amendments to the Charter under which voters would elect the mayor directly and developed recommendations for the Council to consider.
Under their recommendations, the mayor's enumerated duties in the Charter would not change and the Council would continue to select one of its members to serve as the vice-mayor. To be eligible to run and serve as mayor one must be an elector, a resident of Palo Alto for at least 30 days by the time nomination papers are due (both requirements to serve on the Council), and must have served at least two years as a council member by the time the candidate would assume office. Someone is considered an “elector” if they are a United States citizen and 18 years of age or older (see Elec. Code § 321).
The Charter amendment would implement a two-year term for the office of mayor. However, the Council, in its discretion, could by ordinance increase the length of the term for the office of mayor from two years to four years or decrease the length of the term from four years to two years, with the increased or decreased term to commence after the expiration of the then current term of office for the mayor.
The amendment would implement term limits similar to that for council members. No person would be eligible to serve more than two consecutive full terms as mayor. The term limits for council members would remain unchanged. However, under the proposal, no person could serve as mayor or council member for more than a combined total of twelve years within any sixteen-year period.
Finally, a mayoral vacancy shall be filled in the same manner as a council member vacancy, as recited in section 10 of the Charter:
A vacancy on the council may be filled by a majority of the remaining members of the council, and the appointee shall hold office until the first day of January succeeding the next election at which council members are to be elected. At the next election succeeding any vacancy a council member or mayor, in the case of vacancy in the office of mayor, shall be elected to serve for the unexpired term. If the council fails to fill such vacancy within 60 days of such vacancy or the council chooses to fill such vacancy by election, it shall forthwith call a special election, at which a council member or mayor shall be elected to serve for the unexpired term.
The proposed amendment would have the first election for the mayor occurring at the general election on November 3, 2026.
Ad Hoc Committee Analysis. The ad hoc committee recommends the specific parameters of a directly elected mayor after thorough deliberation and analysis, including taking into account colleagues’ comments at the time the resolution was passed, consultations with several former mayors of Palo Alto, an examination of mayoral selection systems in other cities within Santa Clara and San Mateo counties, and legal guidance from the City Attorney’s Office regarding the available options.
The parameters are recommended in furtherance of these goals:
1. Empowering Voters: Direct election allows the citizens of Palo Alto to choose their mayor, thereby increasing democratic participation and the community’s sense of agency within their local government. This empowerment of voters aligns with the principles of democratic governance and accountability.
2. Continuity and impact: A directly elected mayor who serves for more than one year enhances continuity and stability in leadership, which is crucial for effective collaboration with other government entities and inter-city initiatives. Ensuring that the mayor can build and maintain strong relationships and effectively represent the city in broader regional, state, federal, and global discussions and projects gives Palo Alto more impact in policymaking affecting our city.
3. Public Recognition and Accountability: When the mayor is directly elected, residents are more likely to know who their mayor is, fostering a greater sense of connection and accountability. This visibility enhances the mayor’s ability to advocate for the community and engage with constituents on key issues.
Accordingly, the ad hoc committee recommends a two-year term for the directly elected mayor to align with the election cycle. While a four-year term could further enhance the benefits
recited above, the committee believes that a two-year term strikes the right initial balance between continuity and the opportunity to select a new mayor. If the Council should later decide a four-year term is desirable, the proposed ballot language offers that flexibility.
The ad hoc committee's approach is to implement only the necessary changes to facilitate the direct election of the mayor and extend the term, while maintaining all other aspects of the current system. For example, the role and responsibilities of the mayor will remain unchanged.
This focused approach ensures that the transition to a directly elected mayor is smooth and retains the functional integrity of the city's governance structure.
RESOURCE IMPACT
Per the Santa Clara County Registrar of Voters, the initial estimated cost for one six-page ballot measure is $85,341. On May 21, 2024, the County Board of Supervisors will consider raising election-related fees, effective July 1, 2024. The Registrar will update the estimated ballot measure cost to reflect the increased fees. Ballot measures are funded out of the Council Contingent Account (budgeted at $125,000 for Fiscal Year 2025).
ENVIRONMENTAL REVIEW
Not a Project.
ATTACHMENTS
Attachment A: Directly Elected Mayor
APPROVED BY:
Molly S. Stump, City Attorney
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Sec. 2. Number - Term.
Commencing January 1, 20192027, said council shall be composed of seven members, eachone of whom shall be the mayor. Each member of the Council shall be an elector and shall have been a resident of the city of Palo Alto for at least thirty days next preceding the final filing date for nomination papers for such office. TheThe person elected to serve in the office of mayor shall be known as mayor. No person shall be eligible to serve as mayor unless they have served at least two years as a member of the council at the time they assume office. The remaining members of said council shall be known as councilmen, councilwomen,council member.
The term of office for mayor shall be two years, commencing on the first day of January next succeeding their election. Notwithstanding the foregoing, the council, in its discretion, may by ordinance increase the length of the term for the office of mayor from two years to four years or council members and theirdecrease the length of the term from four years to two years, with the increased or decreased term to commence after the expiration of the then current term of office for the mayor. Any partial term of office longer than half the term shall be deemed a full term. No person shall be eligible to serve consecutively in more than two full terms of office as a mayor.
The terms for the office of council member shall be four years, commencing on the first day of January next succeeding their election. The terms of council members who took office on July 1, 1977, shall expire on December 31, 1981. Commencing January 1, 1992, noAny partial term of office longer than two years shall be deemed a full term. No person shall be eligible to serve consecutively in more than two full terms of office as a member of the council. Any partial term of office longer than two years shall be deemed a full term. Terms of office commenced before January 1, 1992, shall not be counted when determining eligibility under this section.
Notwithstanding the above, commencing January 1, 2027, no person shall be eligible to serve as mayor and a member of the Council for more than twelve years in any sixteen-year period.
Sec. 8. Mayor - Election - Duties.
The council shall, at its first meeting in January, elect one of its number as its presiding officer, who shall have the title of mayor, and one of its number to be vice-mayor, who shall serve for one year after their election, and until their successors are elected and qualified. The mayor and vice-mayor shall serve until election and qualification of their successors. There shall be a mayor, elected at large, who shall serve as the presiding officer of the Council. The mayor shall preside at all meetings of the council, shall sign all official documents when the signature of the council or mayor is required by law, and shall act as official head of the city on public or ceremonial occasions. The mayor shall not have any regular administrative duties but may act as ex officio member of all boards, commissions, and committees. The mayor shall vote as other members of the council, but shall have no power of veto. The mayor shall have the power to administer the oaths and affirmations. The mayor shall perform such other duties as from time to time are assigned by the council. When the mayor is absent from any meeting of the council or Style Definition: Intense Quote
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incapable of performing his or her duties, the vice-mayor shall, during such time, have the full powers of the mayor. A vacancy in the position of mayor shall be filled by the council in accordance with Section 10 of this Charter.
Sec. 8.5 Vice Mayor – Election – Duties
The council shall, at its first meeting in January, elect a council member to be vice-mayor, who shall serve for one year after their election, and until their successors are elected and qualified. When the mayor is absent from any meeting of the council or incapable of performing their duties, the vice-mayor shall, during such time, have the full powers of the mayor. A vacancy in the positions of mayor or vice- mayor shall be filled by the council for the unexpired term.
Sec. 10. Vacancy on council.
A vacancy on the council may be filled by a majority of the remaining members of the council, and the appointee shall hold office until the first day of January succeeding the next election at which council members are to be elected. At the next election succeeding any vacancy a council member or mayor, in the case of vacancy in the office of mayor, shall be elected to serve for the unexpired term. If the council fails to fill such vacancy within 60 days of such vacancy or the council chooses to fill such vacancy by election, it shall forthwith call a special election, at which a council member or mayor shall be elected to serve for the unexpired term.