South Bay Union School District

Measure X Ordinance - 55% Approval Required

SOUTH BAY UNION SCHOOL DISTRICT
TERM LIMITS MEASURE

COUNTY COUNSEL IMPARTIAL ANALYSIS

This measure was placed on the ballot by the Board of Trustees of the South Bay Union School District (“District Board”). If approved by a majority of the qualified electors voting on the measure, this measure would impose a term limit on members elected to the Board of Trustees of the District (“Board Member”). Specifically, for terms beginning on or after December 1, 2020, no person may serve for more than three elected terms as a Board Member. Each term of office for an elected Board Member is four years.

Currently, persons serving as Board Members are not limited in the number of terms that may be served. This measure would impose a three-term limit on elected members of the District Board. The three-term limit would be a lifetime limit. This means a person who has served three-terms [sic] as an elected Board Member may not seek re-election for an additional term as a Board Member.

Under this measure, a partial term will not count as an elected term. A Board Member will not have served an elected term if the person is elected or appointed to fill a vacancy after a term begins, or if the Board Member resigns or is removed from office before the term is completed.

If this measure is approved, it will apply prospectively to the terms of elected Board Members which begin on or after December 1, 2020. This means a Board Member currently serving on the Board of Trustees would be eligible to serve three additional terms as an elected Board Member.

A “Yes” vote is a vote in favor of imposing a three-term limit on persons serving as elected Board Members on the District Board for terms beginning on or after December 1, 2020.

A “No” vote is a vote against the [sic] imposing a three-term limit on persons serving as elected Board Members on the District Board for terms beginning on or after December 1, 2020.

FULL TEXT OF MEASURE X

SOUTH BAY UNION SCHOOL DISTRICT

In 1996 the California State Legislature amended specific Government Code and Education Code sections to permit the governing body of a local public agency, such as a school district, to adopt a proposal to limit the number of terms a member of the governing board may serve and to submit that term limit proposal to the electors.

The South Bay Union School District ('District') Board of Trustees ('Board') believes that:

a) Full and free access to elected offices is a right of all citizens;

b) Unchecked multiple terms of incumbency allows the entrenchment of politicians creating an inequitable advantage in the electoral process;

c) Ensuring equal access to the elected positions of the District is a critical public benefit and will reduce the cost of running for this important public office and remove the inherent advantage of incumbency allowing increased public participation in the electoral process;

d) Setting a limit on the number of terms an individual may serve on the Board will cause a rejuvenation of the Board by bringing fresh ideas and broadening the range of persons making important decisions effecting the District, its students and schools and will create more competitive elections by ensuring that periodically the advantages of incumbency of a Board member will yield to increase citizen participation in seeking elective office.

TERM LIMIT PROPOSAL

Pursuant to Education Code Section 35107, and the findings above, the Board adopted the following proposal to limit the number of terms a member of the Board may serve ('Proposal') on December 19, 2019. This Proposal, if approved, by a majority of the votes cast by the registered voters residing within the boundaries of the District and voting thereon will prohibit an individual from serving more than three (3) elected terms on the Board as follows:

No person may serve for more than three elected terms as a Board member, regardless of trustee area represented. No person who has served for three terms as a Board member may seek election or appointment for additional service as a Board member.

Any person who serves a partial term as a Board member by way of appointment, election, resignation, removal from office, or any combination thereof, shall not be deemed to have served a full term.

The limitation on the number of terms shall apply only to terms that begin on or after December 1, 2020

The limits imposed by this Proposal may only be amended or repealed pursuant to the requirements of the Education Code.