IMPARTIAL ANALYSIS BY THE CITY ATTORNEY
OF MEASURE HH


     

           This measure would significantly change City Charter provisions governing City Council elections, the powers of the Mayor, and the process for adopting municipal legislation, and would also amend the Municipal Code. 

            The measure would create a new position of elected mayor, elected city-wide.  The mayor would preside over and participate in Council meetings but would usually not vote.  The mayor would vote only in case of a tie or if the vote concerned removal of the City Manager or City Attorney. 

            The Mayor’s most significant power would be the power to veto ordinances adopted by the Council.  The Mayor’s other powers and duties would include serving as the Council’s liaison with the City Manager, representing the City in intergovernmental matters, supervising the City’s intergovernmental functions, and appointing and removing the Mayor Pro Tempore.  If the office of Mayor were vacated, the Council would be required to call an election within ninety days.  If no candidate received more than 50% of the votes,  there would be a runoff between the two candidates receiving the most votes. 

            The measure would significantly change the process for adopting ordinances.  Every newly adopted ordinance would be presented to the Mayor  for approval.  The Mayor could veto the ordinance by providing a written statement of objections.  Ordinances not approved or vetoed  within ten days would then take effect.  After the mayor vetoed an ordinance, the clerk would present it at the next Council meeting with the Mayor’s objections.  The Council could pass an ordinance over a veto within 30 days.  However, if the ordinance was adopted by four votes, five votes would be necessary to override the veto.  If five votes were required to pass the ordinance, the same number of votes would be sufficient to override.  At present,  regular ordinances  go to the Council twice, require four votes at both of the Council meetings, and take effect thirty days after the second vote.  However, at present, ordinances designated as “emergency ordinances” require five votes, need only go to Council once, and become effective immediately upon adoption.  The veto and override process in the proposed measure could thus lengthen the time necessary to adopt regular ordinances and significantly lengthen the time necessary to adopt emergency ordinances. 

            The process for electing Council members would also be significantly changed.  Council members would be elected from districts and would be subject to term limits.  There would be a primary held on the date of the state primary.  If no Council candidate received a majority of votes in a district, there would be a November runoff for the  two candidates receiving the most votes. 

            Council district boundaries are specified by the measure and denominated as: City Center-North of Wilshire, North of Montana, Wilshire Corridor, Mid-City Area, Ocean Park, Pico Neighborhood, and Sunset Park.  The measure includes a process for redrawing boundaries following each census.     

PREPARED BY: Marsha Jones Moutrie 

WORD COUNT: 490

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This page was last modified on 01/23/2008