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Smart Voter
San Joaquin County, CA November 2, 2010 Election
Measure D
Change City Clerk's Position From Elected to Appointed
City of Tracy

Majority Approval Required

Pass: 8841 / 52.93% Yes votes ...... 7861 / 47.07% No votes

See Also: Index of all Measures

Results as of Nov 23 1:19pm, 100.0% of Precincts Reporting (41/41)
Information shown below: Impartial Analysis | Arguments |

Shall the office of the City Clerk be appointed?

Impartial Analysis from the Tracy City Attorney
The Tracy City Council has placed Measure D on the ballot to ask the voters of Tracy if the position of City Clerk should be an appointed rather than an elected position. The City Clerk position is now an elected position with a term of four years. If Measure D is approved, beginning in December, 2012 (after expiration of the current City Clerk's term), the position of City Clerk would be appointed by the City Council unless the City Council vests such appointing power in the City Manager by ordinance.

Duties of the City Clerk. By state statute, the City Clerk is responsible for keeping an accurate record of the proceedings of the City Council and of all City ordinances. The City Clerk is the custodian of the City seal, and is authorized to administer oaths and acknowledge certain legal documents. The City Clerk may appoint deputies.

In practice, the City Clerk position is more complex. In addition to the above duties, the City Clerk: prints, assembles and distributes City Council agenda packets; administers City elections; maintains the City's filing system and records retention program; oversees the document imaging system; serves as the Election Official for municipal elections; receives and maintains candidate campaign forms; serves as the filing officer for City officials' Statements of Economic Interest required by state law; revises the City's conflict of interest code; prepares, mails and publishes all official notices in a timely manner; supervises office staff; and conducts recruitments for vacancies on the City's various boards and commissions. The City Clerk must be familiar with: the California Elections Code; the Public Records Act; the Political Reform Act; the Brown Act and certain other state laws governing City business and open government.

City Clerk qualifications. An elected City Clerk need only be a resident and registered voter of the City. An appointed City Clerk would be appointed based on experience and qualifications related to the position.

Submitted by:

/s/ Daniel G. Sodergren, Tracy City Attorney

"The above statement is an Impartial Analysis of Measure D. If you desire a copy of Measure D, please call the Tracy City Clerk's Office at (209) 831-6000 and a copy will be mailed at no cost to you."

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Arguments For Measure D
Measure D would change the office of Tracy City Clerk, from an elected position, to an appointed position, effective December of 2012 when the current City Clerk's term expires. The current City Clerk's position is part-time and reimbursed with a stipend of approximately $7,200 a year.

State law allows the City Clerk to be elected or appointed. An elected clerk must reside in, and be a registered voter of, the City of Tracy. The City can set the requirements for an appointed City Clerk.

As cities have grown and become more complex, the actual duties of the City Clerk have become more technical and now require skill and expertise in election law, state law, records management and conflict of interest regulation. Measure D would allow the City to hire an applicant who possesses the required educational qualifications, management experience and ability to carry out the duties of the office. In addition, an appointed City Clerk would be subject to the City's personnel procedures, including annual performance reviews and possible consequences for unsatisfactory performance.

Currently the City Clerk's office is staffed by the City Clerk, a full-time Assistant City Clerk and a Deputy City Clerk. Measure D would make the City Clerk a full-time appointed position. The Assistant City Clerk position would be eliminated, resulting in the initial potential saving of $23,000. Minimally, $7,200 will be saved annually by eliminating the elected City Clerk's stipend. There would also be a savings of approximately $7,500 every four years by not having to include the City Clerk position on the election ballot.

Of California's 480 cities, 323 appoint their City Clerks. Measure D will allow Tracy to save money and ensure that its City Clerks are qualified and accountable. We encourage your YES vote.

Submitted by:

Tracy City Council

Resolution 2010-124, adopted July 20, 2010

(No arguments against Measure D were submitted)

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