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League of Women Voters of California Education Fund
March 3, 2020 — Primary Election
Local

City of Indian Wells
Measure I Ordinance - Majority Approval Required

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Resultados electorales

Se aprueba

1,173 votos si (61.9%)

723 votos no (38.1%)

100% de distritos activos (2/2).

1,988 boletas electorales serán contadas.

Shall an ordinance be adopted amending Section 2.08.160 of the Indian Wells Municipal Code to update the City's Procedures for the rotating appointment of the Mayor and Mayor Pro Tempore on an annual basis by requiring one year of Council service before assuming either office, allowing Council Members to decline a nomination and setting revised rules for priority of selection based on time served on Council?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Análisis del analista legislativo / Proposal

https://www.voteinfo.net/

 

 

In 2012, Indian Wells City voters approved Measure “Q”, which provides for the annual rotation and appointment of Mayor and Mayor Pro Tempore (“MPT”) from amongst Council Members. Under Measure “Q”, the Council must annually appoint a Mayor and MPT for one-year terms according to automatic rotation rules which permit as many Council Members as possible to serve as Mayor and/or MPT. The principal rules are as follows:

§  The Council Member having the longest current continuous membership on the City Council without serving as Mayor shall be appointed Mayor.

§  The Council Member having the second longest current continuous membership on the City Council without serving as Mayor shall be appointed MPT.

§  A Council Member may not be appointed as Mayor until completing at least one year of Council service, unless no other Council Member can assume that position.

§  The Mayor or MPT shall be deemed to have vacated the position on any of the following grounds: (i) excessive unexcused absences, (ii) resignation, (iii) death/physical/mental incapacity, (iv) removal for cause via City Council censure, or (v) arrest for a felony or crime of violence/moral turpitude.

§  A Councilmember may decline an appointment to Mayor or MPT.

On March 21, 2019, the City Council voted to place Measure “I” on the March 3, 2020 ballot. If approved, Measure “I” would amend the City’s rules as follows:

§  Applies the one-year minimum service requirement to MPT appointments as well, unless no other Council Member can assume that position. If the Mayor vacates the office, the MPT may assume the Mayorship even without having completed one year of Council service.

§  Establishes “preserved priority” rules whereby, under certain circumstances, a Council Member either currently serving as, or eligible to serve as, Mayor and MPT may retain their “priority” for a later appointment (the number of years of current continuous membership on the City Council without serving as Mayor/MPT):

▫   If the Mayor/MPT vacates due to resignation, physical disability or mental disability during the first six months of the one-year term, the Mayor/MPT shall retain “priority” for a future appointment, however if the vacation occurs in the last six months of the term, no “priority” is preserved;

▫ If the Mayor/MPT vacates at any time during the one-year term due to unexcused absences or removal by the Council, no “priority” is preserved;

▫ If a Councilmember has “priority” to be appointed the next Mayor/MPT, he or she may decline the appointment once and preserve his or her “priority” for a future nomination (in effect deferring his or her appointment to Mayor/MPT for one year). However, if the Councilmember declines the appointment a second time, “priority” is lost and that person goes to the “back of the line” for the next Mayoral/MPT appointment.

Measure “I” requires majority voter approval to pass.

By:         JEFFREY S. BALLINGER
City Attorney

 

The above statement is an impartial analysis of Measure I. If you desire a copy of the measure, please call the election official’s office at (760) 346-2489 and a copy will be mailed at no cost to you.

 

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

 

 

 

Please vote Yes on Measure I.

Currently, we are both elected members of the Indian Wells City Council. Due to a quirk in the City’s voter-approved ordinance regarding Mayoral rotation, we each became Mayor Pro Tem immediately upon being first sworn in as a member of the Council.

 

The Mayor Pro Tem is an important position. He or she represents the City when asked to do so by the Mayor and assumes the duties of Mayor when the Mayor is absent. It is difficult for a newly elected Councilmember to perform these added duties immediately upon joining the Council for the first time.

 

That is why we asked our colleagues to place Measure I on the ballot.

 

Measure I will amend the City’s Mayoral rotation ordinance to provide that a newly elected member of the City Council serve at least one year on the Council before assuming the office of Mayor Pro Tem.

 

We believe this change to our ordinance will benefit the City and improve any new Councilmember’s ability to better represent all of us.

 

Thank you for your consideration of this measure

 

By:           Kimberly Muzik
 Dana Reed

— https://www.voteinfo.net/

Argumento EN CONTRA

 

 

Vote “NO” on Measure I

In 2012, voters passed a measure regarding Mayoral rotation that requires one year of service on city council before serving as Mayor. This is adequate protection that ensures some experience prior to serving in the Mayor position.

Measure I asks voters to approve the same requirement of serving one year before serving as Mayor Pro Tem. This added requirement is unnecessary and complicates the established rotation system for Mayor Pro Tem.

Each of the five members of city council has an equal vote in all matters. The positions of Mayor and Mayor Pro Tem, aside from conducting the meetings of the City Council, are simply ceremonial in nature. No deference is given to either the Mayor or the Mayor Pro Tem. It does not require any significant experience to serve as Mayor Pro Tem.

The current system works well. It is designed to ensure that ANY person serving as a newly elected member of City Council has the same opportunity to serve as Mayor during their term of office. This is equal and fair.

Do not jeopardize or complicate a system that does not need fixed. Vote “NO” on Measure I.

By:           Edward Ty Peabody
Ted J. Mertens

 

— https://www.voteinfo.net/

Refutación al argumento A FAVOR

In 2012, the voters of Indian Wells passed a measure regarding mayoral and Mayor Pro Tem rotation. This system of rotation since its inception worked very well with no expectations. Ask yourself why would the initiators of this ballot measure want to change a rotation system that has worked very well? Is there an alternative agenda?

Each of the five member of city council has an equal vote in all matters. The positions of Mayor and Mayor Pro Tem, aside from conducting the meetings of the City Council, are simply ceremonial in nature. No deference is given to either the Mayor or Mayor Pro Tem. It does not require any significant experience to serve as Mayor Pro Tem.

At outside meetings, like the League of Cities, our City Manager takes the lead position while Council Members attend these meetings to listen and learn.

The current system works well. It is designed to ensure that ANY person serving as a newly elected member of City Council has the same opportunity to serve as Mayor during their term of office. This is equal and fair.

Do not jeopardize or complicate a system that does not need fixed. Vote “NO” on Measure I

By:           Edward Ty Peabody

— https://www.voteinfo.net/

Refutación al argumento EN CONTRA

Measure I’s opponents are entitled to their opinion, but we must strongly disagree with their representation that the office of Mayor Pro Tem is “mostly ceremonial.”

We should know; we each immediately became Mayor Pro Tem on our very first day of holding office, and we both took these responsibilities very seriously.

In 2012, Indian Wells voters gave the Mayor Pro Tem a bonus of $250 per month, over and above his or her salary as a Councilmember. Would the voters have awarded this bonus if the office was “mostly ceremonial?” Certainly not!

Each year, in conjunction with other California cities, Indian Wells sends Councilmembers to Sacramento to confer with our Legislators and Administration Officials. In 2015 the then Mayor declined to participate in this event, so the role of leading the Indian Wells delegation fell to a newly elected Councilmember-Mayor Pro Tem. Fortunately, all went well, but it could have gone otherwise.

Ironically the same person is Mayor again this year, and once again he has declined to participate in this important annual event; accordingly, the Mayor Pro Tem will again lead our delegation to Sacramento. On the agenda are discussions concerning homelessness & affordable housing, transportation, climate change, Salton Sea, education, health care and local control.

The Mayor Pro Tem is an important position.

Why would anyone want an inexperienced Councilmember-Mayor Pro Tem representing the City at important regional and statewide events?

By:             Kimberly Muzik
 Dana Reed

— https://www.voteinfo.net/

Leer la legislación propuesta

Legislación propuesta

 

AN ORDINANCE OF THE PEOPLE OF THE CITY OF INDIAN WELLS, CALIFORNIA, AMENDING SECTION 2.08.160 OF CHAPTER 2.08 (CITY COUNCIL) OF THE INDIAN WELLS MUNICIPAL CODE TO UPDATE THE CITY’S RULES AND PROCEDURES FOR THE APPOINTMENT OF MAYOR AND MAYOR PRO TEM

(NOTE: Additions are highlighted in bold italics and deletions are highlighted in strikeout)

NOW THEREFORE, THE PEOPLE OF THE CITY OF INDIAN WELLS DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a majority of the voters of the City of Indian Wells at the scheduled election so designated by the City Council in a separate resolution placing the proposal on the ballot for such election, Section 2.08.160 of Chapter 2.08 of the Indian Wells Municipal Code is hereby amended to read in its entirely as follows:

“2.08.160       Appointment of Mayor and Mayor Pro Tempore.

(a)   It is the purpose and Intent of this Section to provide for an automatic annual rotation of CounciI Members who occupy the positions of Mayor

and Mayor Pro Tempore. The automatic annual rotation is further intended to permit as many Council Members as possible to have an opportunity during their membership on the City Council to occupy the position of Mayor and Mayor Pro Tempore. This section shall not be amended or repealed without first obtaining the approval of a majority of those persons voting on any such proposed amendment or repeal at a general or special municipal election called for this purpose.

(b)    At the first regular meeting of the City Council in December of each year, or as soon thereafter as reasonably possible in the event any
newly elected Council Members have not yet taken office due to delayed certification of election results, the City Council shall appoint from among the Council Members the Mayor and the Mayor Pro Tempore to immediately assume those positions, as applicable. Appointment to the position of Mayor and Mayor Pro Tempore shall be made on a rotating basis among all Council Members as follows, and the Mayor and Mayor Pro Tempore shall serve until their applicable successor is appointed or they resign or vacate the applicable position due to inability to fulfill the responsibilities of that position, as defined in subsection (c):

(1)      The Council Member having the longest current continuous membership on the City Council without serving as Mayor shall be appointed Mayor.

(2)      The Council Member having the second longest current continuous membership on the City Council without serving as Mayor shall be appointed Mayor Pro Tempore.

(3)      If two (2) or more Council Members equally qualify hereunder for appointment as Mayor, any Council Member who has not previously served as Mayor during the period of current continuous membership of the qualified Council Member shall be appointed Mayor; and if two (2) or more Council Members thereafter equally qualify hereunder for appointment as Mayor, the Council Member who received the most votes among them in his or her most recent election to Council shall be appointed Mayor, and the Council Member who received the second most votes among them in his or her most recent election to Council shall be appointed Mayor Pro Tempore; and if two (2) or more Council Members thereafter equally qualify hereunder for appointment as Mayor, the Council Member whose name is then drawn by lot or other random procedure shall be appointed Mayor, and the other Council Member shall be appointed Mayor Pro Tempore.

(4)      If two (2) or more Council Members equally qualify hereunder for appointment as Mayor Pro Tempore, the appointment of Mayor Pro Tempore shall be made in accordance with the same priority and criteria as otherwise set forth for appointment as Mayor in subsection (b)(3).

(5)      Notwithstanding any provision to the contrary, A council Member shall not be eligible for appointment as Mayor or Mayor Pro Tempore until he or she has first completed at least one (1) year of service during his or her current term continuous membership on the City Council, unless no other Council Member can otherwise assume the position of Mayor or Mayor Pro Tempore due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c) or due to other qualifying Council Members declining an appointment to the position as set forth in subsection (d).

(6)      If the position of Mayor becomes vacant due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c), the Mayor Pro Tempore shall be appointed Mayor for the remainder of that term of Mayor, and shall be reappointed Mayor for the next full term of the position of Mayor if then qualified hereunder, unless he or she declines either appointment. ;provided, however, that service for the partial term as Mayor hereunder shall not be deemed to constitute service as Mayor for purposes of subsections (b)(1), (2) and (3). Notwithstanding subsection (b)(5), the Mayor Pro Tempore shall be appointed to the position of Mayor even if, at the time the position of Mayor becomes vacant, he or she has not completed at least one (1) year of service during his or her current continuous membership on the City Council.

(7)      If the position of Mayor Pro Tempore becomes vacant due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c), the Council Member next qualified to become Mayor Pro Tempore shall be appointed Mayor Pro Tempore for the remainder of that term of Mayor Pro Tempore, and shall be reappointed Mayor Pro Tempore for the next full term of the position of Mayor Pro Tempore if then qualified hereunder, unless he or she declines the appointment.; provided, however, that service for the partial term as Mayor Pro Tempore hereunder shall not be deemed to constitute service as Mayor Pro Tempore for purposes of subsections (b)(1), (2) and (3).

(c)     A Council Member shall not be appointed Mayor or Mayor Pro Tempore, as applicable, and the Mayor or Mayor Pro Tempore shall be deemed to have vacated their position, as applicable, due to inability to fulfill the responsibilities of that position. As used in this section, the term “inability to fulfill the responsibilities of that position” shall mean at least one (1) of the following:

(1)     Unexcused absences from more than four (4) regular or special City Council meetings within the twelve (12) month period prior to appointment as Mayor or Mayor Pro Tempore, as applicable, or during the period of service as Mayor or Mayor Pro Tempore, as applicable;

(2)      Resignation from or voluntary decision not to assume appointment to the position of Mayor or Mayor Pro Tempore, as applicable;

(3)      Death, or physical incapacity due to medical condition severely limiting the ability of the Mayor or Mayor Pro Tempore, as applicable, to perform ongoing duties assigned to them by City policy or the City Council;

(4)      Mental incapacity (such as by reason of severe stroke, serious head injury, serious nervous breakdown, or serious mental illness) of the Council Member otherwise qualified hereunder to be appointed to, or serving serve in the applicable position of Mayor or Mayor Pro Tempore, as reasonably determined at a public meeting by a majority of the full membership of the City Council as then fully constituted;

(5)      Upon the case-by-case determination by the City Council, in its discretion, to apply the following to the appointment, or removal, as applicable, of the Mayor or Mayor Pro Tempore, as applicable, via a censure resolution adopted at a public meeting by a majority of the full membership of the City Council, as then fully constituted, resulting from either: (i) a repeated failure of the Mayor or Mayor Pro Tempore, as applicable, to represent the City Council’s adopted positions when representing the City, and not him or herself individually, after the City Council had first provided a written warning concerning such failure, or (ii) a violation of a any requirement of law pertaining to conduct by public officials, other than as set forth in subsection (c) (6), as determined by final decision of a governmental commission, agency or officer not a part of the City;

(6)      Arrest while serving as Mayor or Mayor Pro Tempore, as applicable, for a felony or any crime of violence or moral turpitude; provided that if and when the prosecution of such felony or other crime is dismissed or otherwise terminated without a plea agreement or conviction, then the Council Member shall thereafter be placed in the highest priority behind the Mayor or Mayor Pro Tempore, as applicable, as otherwise set forth in subsection (b).

(d)     A Council Member who currently serves as Mayor or Mayor Pro Tempore may resign that position at any time during his or her term. Further, a Council Member who otherwise qualifies shall not be appointed Mayor or Mayor Pro Tempore if he or she voluntarily declines the appointment to the applicable position.

(e)      If a Council Member vacates the position of Mayor or Mayor Pro Tem, or declines an appointment to either position, the following rules shall apply:

(1)      If the Council Member currently serves as Mayor or Mayor Pro Tempore, as applicable, and vacates that position due to (i) resignation, (ii) physical disability or (iii) mental disability, as set forth in subsection (c)(2), (3) and (4) above, and so vacates during the first six months of his or her term, the Council Member shall retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, based upon the Council Member’s time of continuous service on the Council since his or her last appointment to the position of Mayor or Mayor Pro Tempore, as applicable. If the Councilmember so vacates during the last six months of his or her term, the Council Member shall not retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, and only the Council Member’s time of continuous service on the Council accruing after so vacating shall count toward any future appointment under subsection (b).

(2)      If the Council Member currently serves as Mayor or Mayor Pro Tempore, as applicable and vacates that position due to (i) unexcused absences from Council meetings or (ii) removal by the City Council via censure resolution, as set forth in subsection (c)(1) and (5), the Council Member shall not retain priority under subsection (b) for a future appointment to the position of Mayor or Mayor Pro Tempore, as applicable, and only the Council Member’s time of continuous service on the Council accruing after so vacating shall count toward any future appointment under subsection (b).

(3)      If the Council Member has never served as Mayor or Mayor Pro Tempore, as applicable, and the Council Member declines an appointment to that position for the first time, the Council Member shall retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, based upon the Council Member’s time of continuous service on the Council.

(4)      If the Council Member has never served as Mayor or Mayor Pro Tempore, as applicable, and the Council Member declines an appointment to that position for a second time, the Council Member shall not retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tem, as applicable, and only the Council Member’s time of continuous service on the Council accruing after his or her second declining of said appointment shall count toward any future appointment to that position under subsection (b). Notwithstanding the above, a Council Member who declines a second appointment shall still be deemed to have satisfied the minimum one-year Council service requirement for any future appointment under subsection (b)(5).

(5)      If the Council Member has previously served as Mayor or Mayor Pro Tempore, as applicable, during his or her current continuous membership on the City Council, and is later nominated to that position again, the Council Member many decline the appointment once and retain priority for a future appointment as set forth in subsection (e)(3), based upon the Council Member’s time of continuous service on the Council since last serving as Mayor of Mayor Pro Tempore, as applicable. If he or she declines the appointment a second time, the Council Member shall not retain priority for a future appointment as set forth in subsection (e)(4).

(df) As used in this section, the terms “qualify,” “qualified” and “qualify hereunder” mean that a Council Member meets the priority and criteria established for selection as Mayor or Mayor Pro Tem, as applicable, as set forth in subsection (b).”

SECTION 2. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this Section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.

SECTION 3. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of Indian Wells which are in conflict with any provision of this Ordinance.

SECTION 4. This Section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at a General Municipal Election, or at a special election called for that purpose.

SECTION 5. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Indian Wells voting at a Special Municipal election to be held on March 3, 2020, and shall take effect ten (10) days after the City Council has certified the results of the Special Municipal election by resolution.

SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on March 3, 2020, by signing where indicated below.

I hereby certify that the foregoing Ordinance was PASSED, APPROVED AND ADOPTED by the people of the City of Indian Wells on the 3rd day of March, 2020.

Dated: ____________________________                                                                  ____________________________

TY PEABODY
MAYOR

ATTEST:                                                                 APPROVED AS TO FORM:

__________________________________                                               ______________________________
ANNA GRANDYS                                                                         JEFFREY S. BALLINGER

CITY CLERK                                                                               CITY ATTORNEY

 

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