This is an archive of a past election.
See http://www.smartvoter.org/ca/scl/ for current information.
LWV League of Women Voters of California Education Fund
Smart Voter
Santa Clara County, CA November 6, 2007 Election
Measure I
Charter Section 800 - City Manager's Residence
City of Sunnyvale

Majority Approval Required

Pass: 12,165 / 77.15% Yes votes ...... 3,603 / 22.85% No votes

See Also: Index of all Measures

Results as of Nov 13 11:47am, 100.0% of Precincts Reporting (53/53)
Information shown below: Impartial Analysis | Arguments |

Shall Charter Section 800 be amended to add language that strongly encourages the City Manager to reside in the City of Sunnyvale and to remove the City Manager residency requirement that is in conflict with the State Constitution? ?
     YES

     NO

Impartial Analysis from City Attorney
[The following may have errors from retyping. For the official version contact the Registrar of Voters.]

Sunnyvale Charter Section 800 now provides that the City Manager is not required to be a resident of the City of Sunnyvale at the time of appointment, but is required to reside within the City of Sunnyvale while serving as City Manager. This Charter provision became unconstitutional after the California Constitution was amended in 1976. Article XI, Section 10(b), prohibits cities, including Sunnyvale, from requiring that employees be residents of the city. Consequently, the mandatory residence requirement is legally unenforceable.

The proposed Charter amendment would strongly encourage a Sunnyvale City Manager to reside within the City of Sunnyvale during his/her appointment instead of the unconstitutional residence requirement.

A "Yes" vote is a vote to amend Sunnyvale Charter Section 800 to strongly encourage the City Manager to reside in the City of Sunnyvale and to remove the unconstitutional language from the charter.

A "No" vote is a vote not to amend Sunnyvale Charter Section 800 and to keep the unconstitutional mandatory residence requirement.

You may access the full text of the measure on the City's website at the following website address: http://www.BallotMeasures.inSunnyvale.com.

/s/ David Kahn
    City Attorney

The above statement is an impartial analysis of Measure I. If you desire a copy of the measure, please call the elections official's office: Office of the City Clerk, telephone (408) 730-7483, located at 603 All America Way, Sunnyvale, California and a copy will be mailed at no cost to you.

  Official Information

Sunnyvale City Charter and Muncipal Code
News and Analysis

Sunnyvale Times
This election is archived. Any links to sources outside of Smart Voter may no longer be active. No further links will be added to this page.
Links to sources outside of Smart Voter are provided for information only and do not imply endorsement.

Arguments For Measure I Arguments Against Measure I
[The following may have errors from retyping. For the official version contact the Registrar of Voters.]

Measure I is necessary to bring the Charter into compliance with State law. This measure accomplishes that, while still encouraging the city manager to reside in Sunnyvale.

Join us in supporting Measure I.

/s/ Otto Lee
    Mayor, City of Sunnyvale

/s/ Laura J. Babcock
    Vice Chair Charter Review Committee

/s/ Patricia E. Castillo
    Former Mayor, City of Sunnyvale & Charter Review Committee

/s/ Dianne McKenna
    Former Mayor of Sunnyvale & Chair, Charter Review Committee

NO ARGUMENT AGAINST MEASURE I WAS SUBMITTED


Santa Clara Home Page || Statewide Links || About Smart Voter || Feedback
Created: December 19, 2007 17:39 PST
Smart Voter <http://www.smartvoter.org/>
Copyright © League of Women Voters of California Education Fund   http://www.lwvc.org
The League of Women Voters neither supports nor opposes candidates for public office or political parties.