Pass: 16,660 / 67.20% Yes votes ...... 8,132 / 32.80% No votes

See Also: Index of all Measures

Impartial Analysis from Leslie E. Devaney, City Attorney

Currently, the Murrieta Municipal Code does not limit the number of terms in office an elected official may serve. As such, under existing law, a City Council member may serve as many terms in office as he or she is elected to. California Government Code section 36502(b), however, authorizes city councils and the voters to impose limits on the number of terms a city council member may serve. Section 3650203) states that:

Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve.

Measure C seeks to limit City Council members to serving no more than two consecutive terms. Pursuant to the text of Measure C, "terms are considered consecutive if they are at least four years apart." A legal question exists as to Whether -"consecutive" is adequately defined to permit enforcement.

It is unclear from the terms of Measure C when it applies. It does not provide whether the measure applies retroactively or prospectively only. California Government Code section 36502(b) provides that a term limit measure, if approved, applies prospectively only. The pertinent language of section 3650203) is as follows:

Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.

In other words, section 36502(b) requires that any term limits provision may only apply to terms served after the effective date of the measure. Measure C, however, provides only that:

In order to broaden the opportunities for public service and to assure elected officials of government are responsive to citizens of the government, no elected official of the City of Murrieta or any other political subdivision of the City of Murrieta shall serve more than two consecutive terms in office.

Thus, a legal question exists as to whether portions of Measure C conflict with state laws.