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Santa Cruz County, CA November 2, 2004 Election
Measure M
Term Limit Clarification
City of Santa Cruz

18,577 / 73.7% Yes votes ...... 6,645 / 26.3% No votes

See Also: Index of all Measures

Results as of Nov 23 10:56am, 100.0% of Precincts Reporting (43/43)
Information shown below: Fiscal Impact | Impartial Analysis | Arguments | Full Text

Shall Section 601 of the City of Santa Cruz Charter be amended to further clarify that no member of the Council shall be eligible for re-election for two years (i.e. one general election cycle) after the expiration of the second consecutive full term for which such person was elected.

Fiscal Impact from Director of Finance, City of Santa Cruz:
This ballot measure would have no fiscal impact if approved.

s/ David P. Culver Director of Finance City of Santa Cruz

Impartial Analysis from City Attorney
Currently Section 601 of the City of Santa Cruz City Charter provides, "No member of the Council shall be eligible for re-election for two years after the expiration of the second consecutive full term for which such person was elected."

Historically the term "two years" as used in this Charter provision has been interpreted and applied to mean one general election cycle and the Santa Cruz County Superior Court has previously held that this interpretation is correct.

This ballot measure, if adopted by the voters, would amend the Charter to make an express reference to this point and, as amended, the pertinent Charter provision would read, "No member of the Council shall be eligible for re-election for two years (i.e. one general election cycle) after the expiration of the second consecutive full term for which such person was elected." This ballot measure, if adopted by the voters, would therefore serve simply to clarify this particular provision of the Charter and would not operate to change the currently effective term limit rule for City Councilmembers.

Approved as to form:
s/ John Barisone, City Attorney

  News and Analysis

Santa Cruz Sentinel

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Arguments For Measure M Arguments Against Measure M
This Charter Amendment clarifies that Councilmembers who have served two full four year terms are required by term limits to sit out one election cycle and are eligible to run for Council after one election cycle or two years later. This clarification is in keeping with the intent and spirit of the current practice of term limits now imposed by the Charter and affirmed by the Courts. The Amendment eliminates any possible confusion in an election cycle when a November election date may not be a full 365 days in each year since the previous election.

s/ Scott Kennedy, Mayor, City of Santa Cruz
s/ Emily Reilly, former mayor
s/ Mike Rotkin, Vice Mayor

No argument against Measure M was filed.

Full Text of Measure M
Section 601. Council, Number, Term.

The elective officers of this City shall be seven councilmembers who shall constitute the Council. They shall be elected from the City at large as provided in ARTICLE VII for a term of four years and until their successors have been elected and qualified. The Council shall be the legislative body of this City, each of the members of which, including the Mayor, shall have the right to vote upon all questions before it. No member of the Council shall be eligible for re-election for two years (i.e. one general election cycle) after the expiration of the second consecutive full term for which such person was elected.


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Created: December 15, 2004 13:34 PST
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