HomeMy WebLinkAboutOrd 1095 PDMC 2.38.030 Declaration of Election Results and Selection of Mayor and Mayor Pro-TemporeCITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
CITY CLERK OPERATIONS
STAFF REPORT
REQUEST: INTRODUCTION OF AN ORDINANCE TO ESTABLISH THE FIRST
REGULAR MEETING IN DECEMBER FOR DECLARATION OF
ELECTION RESULTS (IN EVEN -NUMBERED YEARS) AND THE
SELECTION OF MAYOR AND MAYOR PRO-TEMPORE
SUBMITTED BY: Rachelle Klassen, City Clerk
DATE: April 14, 2005
CONTENTS: I. Staff Report
II. Draft Ordinance No. 1095
III. Palm Desert Municipal Code Chapter 2.38
IV. California Elections Code Sections 10262 and 10263
V. California Government Code Section 36801
VI. City of Palm Desert Resolution No. 01-110
Recommendation:
Waive further reading and pass Ordinance No. 1095 to second reading,
adding Section 2.38.030 to the Palm Desert Municipal Code relative to
declaration of Election results and selection of Mayor and Mayor Pro-
Tempore.
Executive Summary:
The City of Palm Desert consolidates its General Municipal/City Council Election with the
Statewide General Election held in November of even -numbered years. To set down in
Code the date for declaring election results and selection of Mayor and Mayor Pro-
Tempore, the subject ordinance is offered to officially codify this process.
Discussion:
Adoption of the City Council's Ordinance No. 896 in 1998, and subsequent approval by the
County Board of Supervisors, allowed the City to once again consolidate its General
Municipal Elections with the Statewide General Election held in November of even -
numbered years. Up to and since that time, Elections Law specified that the County
Registrar of Voters had to canvass the returns and provide them to the City, with an
adjourned or special City Council meeting required to be held to officially declare the
results and install new officers within 28 days of the election. Additionally, in 2001, the City
Council adopted Resolution No. 01-110, declaring that the annual Mayoral rotation would
Staff Report - Ordinance to Declare Results of Election and Mayoral Rotation
April 14, 2005
always occur at the City Council's first regular meeting in December to provide consistency
of terms for these offices.
Recent changes to both the Elections Code and the Government Code provide
coordination between these Acts. The now more efficient procedure for cities to declare
results, install new officers, and choose the mayor and mayor pro tem calls for these
actions no later than the next regularly scheduled city council meeting following
presentation of the 28-day canvass of the returns. Staff believes it would be beneficial to
also memorialize this process in the City's Municipal Code.
Therefore, your introduction of the subject ordinance and passage to second reading is
respectfully requested.
Submitted by:
R HELLE D. KLASS IV, CMC SHEILA R. GILLIGAN, M FOR
CITY CLERK COMMUNITY SERVI E/P.I.O.
Approved:
rd k
Attachments (as noted)
H.1 WPdatal WPOOCSIStaff Reportsldect of elect results. wpd 2
ORDINANCE NO. 1095
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.38 OF THE
PALM DESERT MUNICIPAL CODE BY ADDING SECTION 2.38.030,
RELATIVE TO MUNICIPAL ELECTIONS/SELECTION OF CITY OFFICERS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 2.38.030 be and the same is hereby added to the Code of the
City of Palm Desert, California, to read as follows:
"Section 2.28.030 Declaration of Election and Selection of Mavor. The City Council
shall meet at the next regularly scheduled meeting following presentation of the 28-day
canvass of the returns of the most recent municipal election and shall declare the results
thereof and install newly elected officers, pursuant to Sections 10262 and 10263 of the
California Elections Code, and, following said declaration and installation, at the same
meeting choose one of its members as Mayor and one of its members as Mayor Pro-
Tempore, pursuant to Section 36801 of the California Government Code."
Section 2. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published once in the Desert Sun, a newspaper
of general circulation, printed and published in the County of Riverside and circulated
within the City of Palm Desert, and the same shall be in force and effect thirty (30) days
after its adoption.
PASSED, APPROVED, AND ADOPTED
Desert, California, at its regular meeting held this
2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
by the City Council of the City of Palm
day of ,
BUFORD A. CRITES, MAYOR
Chapter 2.38 GENERAL MUNICIPAL ELECTIONS Page 1 of 1
Palm Desert California Municipal Code
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Chapter 2.38 GENERAL MUNICIPAL ELECTIONS
2.38.010 Statutory authority for date held.
A. In accordance with Section 36503.3 of the California Government Code, the city changes the date of the general
municipal election from November of odd -numbered years to be consolidated with the Statewide General Election held in
November of even -numbered years.
B. The terms of officeholders shall be extended as necessary, but no more than twelve months. (Ord. 896 §§ 1, 2,
1999: Ord. 740 § 1, 1994: Ord. 281 § 1, 1981)
2.38.020 Applicability.
The first general municipal election to which this chapter shall apply is the one to be held in the year nineteen
hundred ninety-five. (Ord. 740 § 2, 1994: Ord. 281 § 2, 1981)
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CALIFORNIA CODES
ELECTIONS CODE
SECTION 10260-10266
10260. The votes shall be counted, the result of the votes cast
shall be posted, the supplies and records of the election shall be
returned to the city elections official and shall be disposed of by
him or her in accordance with the provisions of this code governing
elections generally, so far as they may be applicable.
10261. The city elections official, or a canvassing board appointed
by him or her, shall count the votes cast by absent voters. The
city elections official or board shall commence this count as soon as
the polls close on the day of election, and the count shall
continue, for not less than six hours each day providing ballots
remain to be counted, until all absent voter ballots have been
received within the time provided by law. The result of the absent
vote count shall be included with the canvass of returns from the
precincts.
The canvassing board, if any, shall be appointed, and the absent
vote count shall be conducted in the manner prescribed by Chapter 1
(commencing with Section 15000) of Division 15, insofar as that
chapter is not inconsistent with this section.
10262. The canvass shall be conducted by the elections official.
Sections 15302 and 15303 shall govern the conduct of the canvass.
Upon the completion of the canvass, the elections official shall
certify the results to the governing body.
(a) Except as provided in subdivision (b), the canvass shall be
completed by the elections official no later than the fourth Friday
after the election. Upon completion of the canvass, the elections
official shall certify the results to the governing body which shall,
no later than the fourth Friday after the election, comply with the
applicable provisions of Section 10263.
(b) For a consolidated election, the city elections official, upon
receipt of the results of the election from the elections official
conducting the election, shall certify the results to the governing
body which shall, no later than the next regularly scheduled city
council meeting following presentation of the 28-day canvass of the
returns, or at a special meeting called for this purpose, comply with
the applicable provisions of Section 10263.
10263. Upon the completion of the canvass and before installing the
new officers, the governing body shall adopt a resolution reciting
the fact of the election and the other matters that are enumerated in
Section 10264. The governing body shall declare elected the persons
for whom the highest number of votes were cast for each office.
(a) Except as provided in subdivision (b), the governing body
shall meet at its usual place of meeting no later than the fourth
Friday after the election to declare the results and to install the
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newly elected officers.
(b) For a consolidated election, the governing body shall meet at
its usual place of meeting no later than the next regularly scheduled
city council meeting following presentation of the 28-day canvass of
the returns, or at a special meeting called for this purpose, to
declare the results and to install the newly elected officers.
10264. As soon as the result of the election is declared, the
elections official of the governing body shall enter on its records a
statement of the result.
The statement shall show:
(a) The whole number of votes cast in the city.
(b) The names of the persons voted for.
(c) The measures voted upon.
(d) For what office each person was voted for.
(e) The number of votes given at each precinct to each person and
for and against each measure.
(f) The number of votes given in the city to each person and for
and against each measure.
10265. The elections official shall immediately sign and deliver to
each person elected a certificate of election. He or she shall also
administer to each person elected the oath of office prescribed in
the California Constitution.
10266. Recount of votes in municipal elections shall be governed by
Article 1 (commencing with Section 15600) of Chapter 12 of Division
15.
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CALIFORNIA CODES
GOVERNMENT CODE
SECTION 36801-36815
36801. The city council shall meet at the meeting at which the
declaration of the election results is made pursuant to Sections
10262 and 10263 of the Elections Code and, following the declaration
of the election results and the installation of elected officials,
choose one of its number as mayor, and one of its number as mayor pro
tempore.
36802. The mayor shall preside at the meetings of the council. If
he is absent or unable to act, the mayor pro tempore shall serve
until the mayor returns or is able to act. The mayor pro tempore has
all of the powers and duties of the mayor.
36803. The mayor may make or second any motion and present and
discuss any matter as a member of the council.
36804. If the city clerk is absent, the deputy city clerk shall
act. If there is none, the mayor shall appoint one of the councilmen
as city clerk pro tempore.
36805. The city council shall hold regular meetings at least once a
month at times fixed by ordinance or resolutions. It may adjourn
any regular or adjourned meeting to a date specified in the order of
adjournment. When so adjourned, the adjourned meeting is a regular
meeting for all purposes.
36807. At any special meeting the city council shall act only on
matters referred to in the notice or consent.
36809. When an order of adjournment of a regular meeting fails to
state the hour at which the adjourned meeting is to be held, it shall
be held at the hour specified for regular meetings.
36810. A majority of the council constitutes a quorum for
transaction of business. Less than a majority may adjourn from time
to time, and compel attendance of absent members in the manner and
under the penalties prescribed by ordinance.
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36811. If all councilmen are absent from any regular meeting, the
city clerk shall declare the meeting adjourned to a stated day and
hour. He shall cause a written notice of the adjournment to be
delivered personally to each councilman at least three hours before
the adjourned meeting.
36812. After incorporation, the city council is judge of the
qualifications of its members and of election returns. It shall
determine contested elections of city officers.
36812.1. If a written statement to contest the election of a city
officer pursuant to Sections 16400 and 16401 of the Elections Code is
filed with the city clerk prior to the commencement of any
proceeding by the city council, pursuant to Section 36812, the
authority of the city council to commence those proceedings shall be
suspended for the applicable period of time specified in Section
16401 of the Elections Code for the filing of the statement of
contest.
Upon the expiration of the period of time, the city council may
proceed pursuant to Section 36812 if no proceedings have been
instituted pursuant to Article 1 (commencing with Section 16500) of
Chapter 6 of Division 16 of the Elections Code, or those proceedings
are terminated without judgment being rendered by the court.
36812.5. A city may defend any person elected to the city council
or to the office of city clerk or city treasurer in any election
contest instituted for any of the causes set forth in subdivisions
(a), (d), or (e) of Section 16100 of the Elections Code.
36813. The council may establish rules for the conduct of its
proceedings. It may punish a member or other person for disorderly
behavior at a meeting.
36814. The council shall cause the clerk to keep a correct record
of its proceedings. At the request of a member, the city clerk shall
enter the ayes and noes in the journal.
36815. Any reference to "councilman" or "councilmen" shall also
mean and include "councilwoman" or "councilwomen." A female member
of a city council may designate herself "councilwoman." Any member
of a city council may designate himself or herself "councilmember."
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RESOLUTION NO. of-iio
OF THE CITY OF PALM DESERT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, SETTING FORTH A POLICY ON THE OFFICE OF MAYOR
AND THE OFFICE OF MAYOR PRO-TEMPORE
WHEREAS, the City Council of the City of Palm Desert, California, must appoint
from its own members two Council members to serve as Mayor and Mayor Pro-Tempore;
and
WHEREAS, it has been the desire of each City Council serving the City of Palm
Desert since incorporation to make these positions honorary in nature, held for a one-year
period of time; and
WHEREAS, it is this City CountMl s opinion that each member elected to the Council
is equally qualified and deserving to hold:'these offices, and each Council member should
be given ample opportunity to serve in one or both of these offices.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm
Desert, California, that the appointments of Mayor and Mayor Pro-Tempore shall be made
on an annual rotating basis, and no one Council member shall serve a term in either office
to exceed a one-year period of time. The selection shall be made and the term commence
at the first regular council meeting in December.
BE IT FURTHER RESOLVED, prior to any member of the Council being appointed
as Mayor such Council member shall have been a member of the Council for
approximately two years and the Mayor Pro-Tempore shall have been a member of the
Council for at least one year prior to being selected for those respective offices.
RMPUB\DJE\199039
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PASSED, APPROVED AND ADOPTED by the City Council of the City of
Palm Desert, California, at its regular meeting held on the Ilthday of October
2001, by the following vote, to wit:
AYES: BENSON, CRITES, BELLY, SPIEGEL, FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST-
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APPROVED A TO FORM:
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By: tl
David J. rwin, City Attorney
City of Palm Desert, California
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