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Memorandum

San Jose City Council
February 15, 2022

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Memorandum
Meeting
February 15, 2022
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San Jose City Council
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4
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Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

TO: HONORABLE MAYOR FROM: Toni Taber

AND CITY COUNCIL

SUBJECT: SEE BELOW DATE: February 9, 2022

Approved Date

SUBJECT: PROPOSED BALLOT MEASURE FOR THE JUNE 7, 2022 ELECTION

TO AMEND THE CITY CHARTER TO MOVE THE MAYORAL

ELECTION TO THE PRESIDENTIAL ELECTION CYCLE

RECOMMENDATION

Adopt a resolution of the City Council:

(a) Calling and giving notice, on its own motion, for a Special Municipal Election to be held on June 7, 2022, to submit to the electors of the City of San Jose, the following measure:

Shall the City Charter be amended to: (1) move the election for the Office of Mayor to the same year as presidential elections beginning in 2024, and (2) limit the person elected to the Office of Mayor in 2022 to a two-year term with the option to run for and serve as Mayor for two additional successive four-year terms?

(b) Directing the City Clerk to, pursuant to Elections Code Section 12111, cause a synopsis of the proposed measure to be published at least one time not later than one week before the election in the San Jose Mercury News, a newspaper of general circulation within the City of San José, instead of printing the full text of the measure in the Sample Ballot;

(c) Authorizing the City Council, or any member or members of the City Council, to submit a ballot argument in favor of the measure pursuant to Elections Code Section 9282;

(d) Authorizing the submittal of rebuttal arguments or, in the alternative, declining to authorize the submittal of rebuttal arguments pursuant to Elections Code Section 9285;

(e) Directing the City Attorney to prepare an Impartial Analysis of the measure pursuant to Elections Code Section 9280; and

(f) Directing the City Clerk to take all other actions necessary to place this measure on the June 7, 2022 ballot.

COUNCIL AGENDA: 2/15/2022
FILE: 22-196
ITEM: 3.6

HONORABLE MAYOR AND CITY COUNCIL
February 9, 2022
Subject: PROPOSED BALLOT MEASURE – EXPANSION OF REVIEW AUTHORITY FOR THE

INDEPENDENT POLICE AUDITOR (IPA)

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OUTCOME

Approval of this item will place a measure on the June 7, 2022 ballot that, if approved, would amend the City Charter to move the mayoral election to the same year as presidential elections beginning in 2024. To accomplish this transition, the measure would also amend the Charter to set the term of the candidate elected to the office of Mayor in 2022 from four years to two years with the option to run for and serve as Mayor for two additional successive four-year terms if reelected.

BACKGROUND

Currently, the Charter states that the primary and run-off election for the Office of Mayor will occur every four years at the same time as the statewide primary and general election to elect the governor.

The Council referred the proposal to move the mayoral election to the Charter Review Commission to evaluate “whether the Mayor elected in 2022 should serve a two (2)-year or six (6)-year term to transition the mayoral election to the presidential election in 2024 or 2028, respectively.”

The Charter Review Commission recommended amending the Charter to move the mayoral election to the presidential election cycle in 2024 with the candidate elected to the Office of Mayor in 2022 serving a two-year term, but with the option to run for and serve as Mayor for two additional successive four-year terms if reelected.

ANALYSIS

The proposed ballot measure will amend Charter Sections 402, 500, and 1600 to move the mayoral election to the presidential election cycle beginning in 2024 and will modify the term for the candidate elected in 2022 to facilitate this transition.

If the voters were to pass the proposed measure, the person elected to the Office of Mayor in 2022 will serve a two-year term beginning January 1, 2023 through December 31, 2024. A mayoral election will then occur in 2024 with the primary occurring on March 5, 2024—the same date as the statewide primary election—and the run-off, if necessary, occurring at the statewide general election on November 5, 2024.

The candidate elected in 2022 will not be subject to the City’s generally applicable term limits for elected officials and may run for Mayor in 2024 and 2028 for full four-year terms, potentially serving for up to ten years if reelected.

HONORABLE MAYOR AND CITY COUNCIL
February 9, 2022
Subject: PROPOSED BALLOT MEASURE – EXPANSION OF REVIEW AUTHORITY FOR THE

INDEPENDENT POLICE AUDITOR (IPA)

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Election Requirements
Staff recommends approval of the actions related to calling the election based on past practices in other elections, most recently November 2020.
• Publishing a synopsis of the proposed measure in the San Jose Mercury News, a newspaper of general circulation within the City of San José, instead of printing the full text of the measure in the Sample Ballot;
• Authorizing the City Council or any member or members of the City Council to submit a ballot argument in support of the measure;
• Authorizing the submittal of rebuttal arguments;
• Directing the City Attorney to prepare an Impartial Analysis of the measure in accordance with Elections Code 9280; and
• Directing the City Clerk to take all other actions necessary to place this measure on the November 3, 2020 ballot.

However, Council also has the option under the Elections Code to print the full text of the measure in the voter information guide, at additional cost; and/or decline to allow the submission of rebuttal arguments.

To meet the deadlines established by the County Registrar of Voters (ROV), the deadline to submit to the City Clerk arguments for or against the measure is Tuesday March 15, 2022, at Noon and Tuesday, March 22, 2022, at Noon for rebuttal arguments if allowed. The City Clerk may accept rebuttal arguments from either the author(s) of a primary argument in support of or in opposition to a ballot measure, or any other person(s) authorized in writing by the author(s) to submit a rebuttal argument. Rebuttal arguments may not exceed 250 words and may be signed by no more than five (5) persons.

CONCLUSION

It is recommended that the City Council adopt a resolution calling a Special Municipal Election to be held on and consolidated with the statewide primary election on June 7, 2022 to submit to the voters a Charter amendment as described above.

EVALUATION AND FOLLOW-UP

Approval of this item will place a ballot measure on the June 7, 2022, ballot, which if approved by voters will amend the City Charter as described above.

CLIMATE SMART SAN JOSE

The recommendation in this memo has no effect on Climate Smart San José energy, water, or mobility goals.

HONORABLE MAYOR AND CITY COUNCIL
February 9, 2022
Subject: PROPOSED BALLOT MEASURE – EXPANSION OF REVIEW AUTHORITY FOR THE

INDEPENDENT POLICE AUDITOR (IPA)

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PUBLIC OUTREACH

This memorandum will be posted on the City’s Council Agenda website for the February 15, 2022 Council Meeting.

COORDINATION

This memorandum was coordinated with the City Attorney’s Office and the City Clerk’s Office.

COMMISSION RECOMMENDATION/INPUT

No commission recommendation or input is associated with this action.

CEQA

Not a Project, File No PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment.

Toni Taber, CMC
City Clerk

For questions, please contact Toni Taber, City Clerk, at (408) 535-1260.

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