Agenda - Council - 11/24/2009 - Laserfiche WebLink

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Background: PUBLIC HEARING TO CONSIDER INTRODUCTION OF AN ORDINANCE TO AMEND CITY CHARTER SECTIONS 2.5 and 4.5.5 By: William K. Goodrich, City Attorney CASE # The Charter Commission has been meeting over the past several years /months to consider amendments to Charter Sections 2.5 and 4.5.5. At its September 24, 2009 meeting the Charter Commission recommended that the City Council enact an ordinance to amend the Charter regarding the above two sections. The Section 2.5 proposed amendment changes the procedure for announcing an elected office vacancy. The Section 4.5.5 proposed amendment changes the procedure for elected office vacancy when the vacancy occurs at a time so close to either the primary or general election that the normal filing time requirements cannot be met. These amendments are required primarily because of adoption of the primary election system in the City some time ago. The respective amendments are underlined in the enclosures. A draft of the ordinance recommended by the Charter Commission is also enclosed. The procedure for amending the Charter by ordinance is prescribed by State Statute and is as follows: (1) The Charter Commission recommends to the Council the amendment to be adopted by ordinance. (2) Within one month of receiving the recommendation from the Charter Commission the City Council must hold a public hearing on the proposed Charter Amendment. (3) Within one month of the public hearing, the Council must vote on the proposed amendment. The ordinance requires the affirmative vote (unanimous) of all Councilmembers in order for it to be adopted. (4) If adopted, the ordinance is not effective until 90 days after passage and publication. (5) Within 60 days after passage and publication of the ordinance, a petition requesting a referendum on the ordinance can be filed with the City Clerk. If a petition is filed, Staff will advise on the procedure after the petition filing.