Pros / Cons of Measure V
County of Orange Proposed Charter

See Also: Measure V main page

THE QUESTION

Shall the measure entitled "County of Orange Proposed Charter", which would result in Orange County becoming a charter county and changing the method of selection when a vacancy occurs in the Board of Supervisors, be adopted?

BACKGROUND

The State Constitution provides a general framework of law for the governing of counties. This law is called general law. Orange County is presently a general law county. The Constitution permits the voters of a county to adopt a charter for its own government. The main difference between charter and general law counties lies in the way they can organize to deliver services and how they select their county governing bodies and officers. A charter county can have more control over certain activities. Where a charter does not mention a subject, the subject is governed by general law.

PROVISIONS

Measure V would change Orange County from a general law county to a charter county. It would make only one change in the laws presently governing the county. It would change the way a vacancy on the Board of Supervisors is filled from appointment by the governor to election by the voters. All other subjects would remain governed by the provisions of general law.

Under the proposed charter, if a vacancy occurs in the first three years of a supervisor's term of office, the Board of Supervisors would be required to call a special election in the affected district. The person receiving the highest number of votes (plurality, not majority) would fill the vacancy. If a vacancy occurs in the final year of a supervisor's term, the vacancy would be filled by the person receiving the highest number of votes (plurality, not majority) for supervisor in the March primary election that year (proposed charter 103B). If the person who wins that primary for any reason (death, resignation, other) does not assume office, the Board of Supervisors may appoint a successor for the remainder of the term. If the Board of Supervisors does not appoint a successor, it must call a special election and the person receiving the highest number of votes (plurality) would fill the vacancy. When the term ends, a special election (see proposed charter 103A) would be held to fill the vacancy.

The citizens' rights to propose initiatives and referenda, including amendments to the charter, are not abridged or modified by the proposed charter. Ordinances of the County of Orange previously adopted by the voters remain in effect and can only be modified or repealed by a vote of the people.

IMPACT OF YES OR NO VOTE

A YES vote means that Orange County will change from a general law to a charter county, although the only change occurring at this time will be in the way vacancies are filled in the office of supervisor, i.e., election by the voters instead of appointment by the governor.

A NO vote means Orange County will continue to be a general law county and vacancies in the office of super-visor will be filled by governor's appointment.

SUPPORTERS SAY

Measure V allows the citizens to select their county supervisor when a vacancy occurs instead of the governor in Sacramento choosing someone who may be out of step with the will of the people.

The measure calls for one simple and singular act: it allows the citizens to vote on vacancies on the Board of Supervisors, nothing more and nothing less. If a vacancy occurs, it requires the county to hold a special election.

It assures the right of the public to take control of their local government, while maintaining all general laws provided by the state on the county. It maintains term limits and provides more local autonomy for the taxpayer and resident.

OPPONENTS SAY

The current method of filling vacancies on the Board of Supervisors has worked well for over 100 years, providing many fine supervisors who have served us well, such as Marian Bergeson, Tom Riley and Bill Steiner.

.A legitimate county charter would have covered many important county government issues, and Measure V does nothing to lower taxes or make government accountable.

It has been put on the ballot only to permit a local member of the Assembly, who will be out of office due to term limits to be appointed to the Board of Supervisors.