8,395 / 41.5% Yes votes ...... 11,815 / 58.4% No votes

See Also: Index of all Measures

Under the terms of the proposed initiative, runoff elections, if necessary, would be changed from the second Tuesday in December to the first Tuesday in May following the Regular Municipal election.

In the event this measure passes and in the further event that one or more of the three open council seats are not filled because of the failure to attain a majority vote, two additional elections may be necessary. Under the terms of the current Charter, runoff elections occur in December. However, in the event this measure passes, the section of the Charter requiring a December runoff would cease to exist as of November 6, 2001. The initiative provides that a runoff is to be held only if no candidate receives a majority vote at the new March election date. In other words, the runoff provision is contingent upon a regular election date In March. Since the regular election did not occur in March, there is no provision for a runoff. Under this scenario, a candidate could conceivably have to conduct three campaigns, the first in the November, 2001, regular election; then a second at the regular March, 2002, election; and a third in May, 2002, if a runoff becomes necessary. Incumbents would remain in office until their successors are elected and qualified.

This initiative would also add Section 506 to the Modesto City Charter to provide for a two-term limit for Councilmembers and the Mayor.

Pursuant to the terms of the proposed initiative, a person could serve two full terms as a Councilmember, and, in addition, two full terms as Mayor. Service in either office in excess of 26 months is deemed to be a full term under the purposed initiative. The term limits limitation would only apply to terms to which persons have been elected or appointed beginning with the next General Municipal Election following the effective date of the addition to the Charter proposed by the initiative.

This proposed charter amendment could have a significant fiscal impact on the City because there may be increased election costs associated with the change of the General Municipal Election date from November of even-numbered years to March of odd-numbered years. The exact amount of those costs are unknown at this time.

/s/ Michael D. Milich

10/21 Modesto Bee

"City divided over term limits, district elections..sides offering starkly different pictures of the effects of changes."

Term limits enhance your choice by encouraging candidates to run for office. It will bring new ideas and fresh enthusiasm to our city government.

The political power structure of the past kept this issue off of the ballot for too many years. Now it is up to the Citizens of Modesto to determine the future of our Great City. We strongly encourage you to join with the Coalition for Voter Rights and vote YES on Measure K to Enact Term Limits.

/s/ Carmen Sabatino
Mayor

/s/ Bill Conrad
City Council Member

/s/ Susan Azevedo
Coalition For Voter Rights

/s/ Dave Thomas
Citizen

The recent election of Carmen Sabatino to the office of Mayor over a long-standing incumbent is clear evidence that no political power structure exists in Modesto. Since Modesto was incorporated as a City, the average length of service for Council and Mayor has been less than six years. The voters have determined, and should continue to determine, who is best qualified to serve without these arbitrary limits.

The politician promoters of Term Limits tell us they want a level playing field without barriers, but they propose to have our elections in March. Historically, this election date has the lowest voter turnout.

Apparently these politician promoters want to restrict our candidate pool and reduce voter participation.

/s/ Tim S. Fisher

The politicians promoting Measure K think we need this new law in order to protect ourselves from our own lack of judgment. This is poor public policy and an insult to our intelligence.

The only way to assure good public policy is to elect the very best people to office and to allow those people to continue to serve; so long as they are willing, responding to our needs and conducting themselves with integrity. We already have the power to "kick the rascals out" each time we cast a vote.

In practice, Term Limits give power to staff, appointed bureaucrats and special interest lobbyists. The current electricity mess In Sacramento is a classic example of special interests ridding roughshod over novice Legislators who lacked the experience needed to deal with complex public policy issues.

Locally, a perpetual "freshman class" on the City Council would handicap us in matters such as the negotiation of complex tax­ sharing and land use agreements with County officials, who have no such limits and are seasoned negotiators.

Historically, a March Election has a lower voter turnout, giving more voice to the special interests.

We only hurt ourselves when we limit our ability to choose our leaders and reduce voter turnout.

Measure K takes away our power as voters. A "NO" vote will send a message to its promoters that we want a broad voter turnout and that we are smart enough to make our own choices for our city leadersl

/s/ Tim S. Fisher

Should term limits pass, the power of the incumbency will be greatly diminished. The argument that one must be a seasoned elected official to make good decisions is simply not true. Recently, some of the better votes made in Modesto were by freshman council members whose ideas are new, fresh and pure.

After two four year terms in office, many politicians have developed ties with special interest groups. These relationships give the incumbent a clear advantage over the challengers. Senior politicians can become complacent with their accomplishments and they can easily lose touch with the average citizen they are to serve.

Ultimately, it is up to the Voters of Modesto to decide if our city will adopt term limits. The only way that term limits can be implemented into our city's charter is through a positive vote by the Citizens of Modesto.

I strongly encourage you to join with the Coalition for Voter Rights and Vote YES on Measure K to Enact Term Limits.

/s/ Bill Conrad
Modesto City Councilmember

SECTION ONE: Declaration of Findings and Intent.

A. This initiative shall be known as the "Term Limits Act of 2000."

B. The Citizens of Modesto find that the City election system should be reformed and improved to make elected city officials more accountable to the voters. Everyone will benefit if more people become actively involved in the City's elections, and if city officials become more accountable to the citizens. To that end, the Citizens of Modesto amend the City Charter to do the following:

1. Move regular municipal elections to the same date as statewide primary elections. The present system of holding municipal elections in odd-numbered years is very expensive for the City and results in low turnout. Moving city elections to even-numbered years will increase turnout and save money.

2. Enact term limits. City officeholders who remain in office for long periods of time become preoccupied with their own reelection and lose touch with the people they represent. They become too closely aligned with special interest groups who provide contributions and support their reelection campaigns. Entrenched incumbents discourage qualified citizens from seeking office and lead to a lack of interest in city elections. Term limits will provide new faces, new ideas, and will increase interest in City elections.

SECTION TWO: Charter Amendments.

The Charter of the City of Modesto is amended to read as follows:

SECTION 300. REGULAR MUNICIPAL ELECTIONS.

Regular municipal elections for the election of officers and for such other purposes as the Council may prescribe shall be held biennially on the first Tuesday after the first Monday in November of each odd-numbered year until the year 1999. Thereafter they shall be held biennially in March of each even-numbered year on the date specified in California Elections Code §1201, as the same now exists or hereafter be amended, commencing with the year 2002. The terms of those Councilmembers, including the Mayor, elected in 1997 and 1999 are hereby extended until their successors are elected and qualified in 2002 and 2004, respectively.

If, at a regular municipal election held on such date in March of each even-numbered year, no candidate for one of the elective offices of the City of Modesto receives a majority of the votes cast at said regular municipal election, a second regular municipal election shall be held for said office on the first Tuesday after the first Monday in May of each even-numbered year commencing with the year 2002. At said second regular municipal election, the two (2) candidates receiving the highest number of votes at the first regular municipal election shall have their names placed on the ballot for election to said office.

SECTION 506. LIMITATION OF TERMS OF OFFICE.

No person shall serve more that two (2) full terms as Councilmember from any combination of Districts or Chairs, or Mayor. The offices of Mayor and Councilmember shall be considered separate offices for the purpose of applying this provision so that the service of two (2) full terms in one office shall not act as a bar to service of two (2) full terms in the other. If a person serves a partial term in excess of twenty-six (26) months, it shall be considered a full term for the purpose of this provision. This limitation applies to terms to which persons have been elected or appointed commencing with the next general municipal election following the effective date of this section.

SECTION THREE: Severability.

If any provision of this measure or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or application, and to this end the provisions are severable.