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November 6, 2018 — California General Election
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Local

City of San Diego
Measure K Charter Amendment - Majority Approval Required

To learn more about measures, follow the links for each tab in this section. For most screenreaders, you can hit Return or Enter to enter a tab and read the content within.

Election Results

Passed

382,684 votes yes (87%)

56,967 votes no (13%)

100% of precincts reporting (813/813).

497,613 ballots counted.

Shall City Charter section 12(c) be amended to remove language regarding a "particular district" and clarify that a person cannot serve on the City Council after serving two four-year terms, with a partial term of more than two years continuing to count as a full term for purposes of the term limit provision?

What is this proposal?

Measure Details — Official information about this measure

Summary

Office of The City Attorney City of San Diego

OFFICIAL TITLE AND SUMMARY

BALLOT TITLE

Amendments to the San Diego City Charter Regarding Term Limits for City Councilmembers

BALLOT SUMMARY

This measure would amend the San Diego City Charter (Charter) to specify that members of the City Council (Council) would be limited to serving two four-year terms as a Councilmember. The limit would apply regardless of whether the terms were served consecutively.

The Charter provision regarding partial terms would not change: a partial term exceeding two years would count as a full term. A partial term may occur when a Councilmember is elected or appointed to fill a vacancy and complete another Councilmember’s term.

The ballot measure was proposed by two Councilmembers during a process in which proposals were submitted for consideration by a Council standing committee and then the full Council. The Council voted to place the measure on the ballot.

If approved, the Charter would be amended as of the date the amendments are chaptered by the California Secretary of State.

Impartial analysis / Proposal

Office of The City Attorney, City of San Diego

The San Diego City Council (Council) is composed of nine Councilmembers elected by district. This ballot measure would amend San Diego City Charter (Charter) section 12(c) to specify that members of the Council would be limited to serving two four-year terms.

Section 12(c) provides that Councilmembers are limited to “two consecutive four-year terms as a Council member from any particular district.” The Charter states that if a Councilmember serves “a partial term as Councilmember from a particular district in excess of two (2) years” it shall be considered a full term.

If approved by voters, the Charter amendments would remove the phrases “from any particular district” and “from a particular district.” The existing language allows a Councilmember to potentially serve more than two four-year terms if:

(1) the Councilmember moved to a different district and won election there; or
(2) a redistricting caused a Councilmember’s residence to be assigned to a different numbered district when boundaries changed, allowing the Councilmember to serve two full terms in the new numbered district. For example, if a Councilmember served one term representing District X, but redistricting moved the Councilmember’s residence into District Y, the Councilmember could potentially serve two more full terms, if elected to do so, in District Y.

If approved, the Charter amendments would count each four-year term toward the term limit.

The word “consecutive” would be removed, so that all terms are counted, regardless of whether terms are served in succession, and regardless of the district the member served. After meeting the term limit, a former Councilmember would face a lifetime ban on serving as a Councilmember.

The provision regarding partial terms would remain the same. A partial term in office that exceeds two years would count as a full term. Although rare, Councilmembers can serve a partial term if they are appointed or elected to fill a vacancy and complete another Councilmember’s term in office.

The Charter language to be amended was approved by voters in 1992.

The Council placed this measure on the ballot.

If the measure is approved, all candidates seeking Council seats in the November 6, 2018

Municipal General Election, and who are elected to those seats, would remain eligible to be sworn in and serve a four-year term that will begin in December 2018.

A Councilmember’s eligibility to hold a new term in office would be determined at the time the Councilmember requests nomination papers from the City Clerk’s Office to become a candidate for election to another term. This will occur next in 2020. At that point, if a Councilmember has already served two four-year terms (and possibly an additional partial term that does not exceed two years), the Councilmember would not be eligible for re-election.

The next regularly scheduled primary elections for Councilmembers representing Districts 1, 3, 5, 7, and 9, respectively, will be held in 2020; regularly scheduled primary elections for Councilmembers representing Districts 2, 4, 6, and 8, respectively, will be held in 2022.

Financial effect

Office of The City Attorney, City of San Diego

This measure would limit Council members to two four-year terms in a lifetime, regardless of which district they serve. There is no fiscal impact associated with this Charter amendment.

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

No argument in favor or against Measure K was filed with the City Clerk’s Office.

— San Diego County Registrar of Voters

Arguments AGAINST

No argument in favor or against Measure K was filed with the City Clerk’s Office.

— San Diego County Registrar of Voters

Read the proposed legislation

Proposed legislation

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The text of this measure was entered into Voter's Edge by a League of Women Voters volunteer, using a PDF version of this sample ballot prepared by the San Diego County Registrar of Voters: http://www2.sdcounty.ca.gov/rov/Sample_Ballots/Eng/SB-ENG-400.pdf

To find your own sample ballot version, containing all the candidates and measures on your own ballot, please use the ROV's sample ballot look-up tool at https://www2.sdcounty.ca.gov/rov/Eng/ballot.asp .

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ARTICLE III

LEGISLATIVE POWER

SECTION 12: THE COUNCIL

(a) The Council shall be the legislative body of the City and each of its members shall have the right to vote upon all questions before it.

(b) Council members shall hold office for the term of four (4) years from and after 10 a.m. on the tenth day of December next succeeding their election and until their successors are elected and qualified. If the tenth day of December falls on a weekend or holiday, the term shall begin at 10 a.m. on the next calendar day that is not a weekend or a holiday.

(c) Notwithstanding any other provision of this Charter, no person shall serve more than two consecutive four-year terms as a Council member from any particular district. If for any reason a person serves a partial term as Councilmember from a particular district in excess of two (2) years, that partial term shall be considered a full term for purposes of this term limit provision. 

(d) Upon any redistricting pursuant to the provisions of this Charter, incumbent Council members will continue to represent the district they were elected to serve for the remainder of their current term. At the next municipal primary and general elections following a redistricting, Council members shall be elected from those districts not represented and from those districts represented by incumbent Council members whose terms expire as of the general election in that year. If, as a result of any redistricting, more than a simple majority of the City Council as redistricted shall be elected at either the municipal primary or general election next following any such redistricting, the City Council prior to any such election shall designate one or more new districts for which the initial council term shall be two years in order to retain staggered terms for Council members

(e) It is the duty of the Council members to attend all Council meetings. The Council shall vacate the seat of any Councilmember who is absent from eight (8) consecutive meetings or fifty percent (50%) of any scheduled meetings within a month unless the absence thereof is excused by resolution of the Council.

(f) Council members shall devote full time to the duties of their office and not engage in any outside employment, trade, business or profession which interferes or conflicts with those duties.

(g) Council members shall not be eligible during the term for which they were appointed or elected to hold any other office or employment with the City, except as a member of any Board, Commission or Committee thereof, of which they are constituted such a member by general law or by this Charter.

(h) Whenever a vacancy exists in the office of a Councilmember, the chief of staff for the departing Councilmember shall manage the office of the Councilmember under the authority of the Council President, until a replacement is appointed or elected pursuant to the procedures for filling vacancies provided by this Charter.

Who supports or opposes this measure?

Yes on Measure K

Organizations (2)

Elected & Appointed Officials (0)
No on Measure K
Organizations (0)
Elected & Appointed Officials (0)

More information

News (1)

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