Alhambra Municipal Code § 11.5 Limitations on Terms of Councilpersons

SEC. 7. REPEALED.

Editor’s note: This section was repealed by Ordinance 4788, which was approved by the voters of the city at a special municipal election held November 2, 2021.

SEC. 7A. BY-DISTRICT CITY COUNCIL ELECTIONS.

A. The office of the councilpersons shall be filled through by-district elections, pursuant to Cal. Gov’t Code § 34870 through 34886.

B. Commencing with the next municipal election after the adoption of this amendment, members of the City Council shall be elected in the electoral districts established by subsection C of this section and subsequently reapportioned in accordance with state law. Elections shall take place by-district as that term is defined in Cal. Gov’t Code § 34871, meaning one member of the City Council shall be elected from each district, by the voters of the district alone. Each member of the City Council shall serve a four-year term. Such districts shall be used in all matters concerning the appointment, recall, vacancy or any other aspects of that particular council seat.

C. Members of the City Council shall be elected on a by-district basis from the five City Council districts established in Article II, Section 4 of the Alhambra City Charter.

D. Alhambra City Councilpersons shall be elected by-district for full four-year terms commencing with the next general municipal election after the adoption of this amendment and thereafter.

E. Each member of the City Council elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued pursuant to Cal. Gov’t Code § 34882 and Elections Code § 10227. No term of any member of the City Council that commenced prior to the effective date of this amendment shall be affected by this article until the expiration of said term. Thereafter, this article applies to all sitting councilpersons irrespective of incumbency prior to the enactment of this article.

F. If a City Council vacancy should occur prior to the completion of a councilperson’s full term, the City Council shall within thirty (30) days call a special election to fill that vacancy. The special election shall be held not less than 114 days from the call of the special election, but within 365 days from the call of the special election, and at least 365 days before the next regularly scheduled municipal election. The City Council seat shall remain vacant until a vote by the electorate fills the vacancy.

G. Registered voters signing nomination papers or voting for a member of the City Council shall be residents of the geographical area making up the district from which the candidate is to be elected.

H. Termination of residency in a district by a City Councilperson shall create an immediate vacancy for that City Council district unless the City Councilperson immediately declares and establishes another residence within the district within 30 days.

Editor’s note: This section was adopted by Resolution No. R2M20-47, which was approved by the voters of the city at a general municipal election held November 3, 2020.

SEC. 8. APPOINTMENT AND ASSIGNMENT OF CHIEF APPOINTIVE OFFICERS TO DEPARTMENTS.

The chief appointive officers shall be as herein-after designated, and shall be under the jurisdiction of the respective departments to which they are severally assigned, to wit: city clerk hereby assigned to the department of public affairs: city engineer and street superintendent hereby assigned to the department of public works; director of finance hereby assigned to the department of finance: superintendent of building, chief of police and chief of fire division, hereby assigned to the department of public safety. Each such chief appointive officer shall be appointed by the city manager, subject to confirmation of each appointment by the council.

Editor's note: This section was amended by Assembly Concurrent Resolution No. 72. which was approved by the voters of the city at an election held June 7, 1966. This section was further amended by the voters of the city on March 26, 1996.

SEC. 9. APPOINTMENT AND ASSIGNMENT OF MINOR APPOINTIVE OFFICERS.

Other appointive officers shall be such other officers as the council shall under this charter have power to create, which last named officers shall be appointed by the head of the respective department to which the same shall be assigned by the council or by this charter. Editor's note: This section was amended by the voters of the city on March 5, 2002.

Wherever in this Charter the word “commission” is used, referring to the city commission of the City of Alhambra, the word “council” shall be substituted in lieu thereof, and wherever in this Charter the word “commissioner” is used, referring to a commissioner of the city commission of the City of Alhambra, the word “councilperson” shall be substituted in lieu thereof. Wherever hereinafter in this Charter the words “president of the commission” are used, the word “mayor” shall be substituted in lieu thereof. Wherever hereinafter in this Charter the words “vice- president of the commission” are used, the words “vice-mayor” shall be substituted in lieu thereof.

Editor's note: This section was amended by Assembly Concurrent Resolution No. 72, which was approved by the voters of the city at an election held June 7, 1966, by Senate Concurrent Resolution No. 92. which was approved by the voters of the city at a special municipal election held November 7, 1972, and by Senate Concurrent Resolution No. 111, which was approved by the voters of the city at a special municipal election held November 6, 1973. The wording changes prescribed by this section have been given effect throughout the Charter. This section was further amended by the voters of the city on March 26, 1996. This section was further amended by Resolution No. R2M20-47, which was approved by the voters of the city at a general municipal election held November 3, 2020.

Members of the council shall hold office for a term of four years from and after the first day of December following their election and until their successors are elected and qualified. The election for the offices of councilperson of the first district, councilperson of the second district, and council-person of the fifth district shall take place in the year 1974, and every fourth year thereafter. The election for the offices of councilperson of the third district and councilperson of the fourth district shall take place in the year 1976, and every fourth year there-after. In the case of the incumbents holding any of the foregoing offices whose terms of office expire in the year 1973 or in the year 1975, all such terms of office shall be extended until their successors are elected and qualified.

Editor's note: This section was amended by Assembly Concurrent Resolution No. 72, which was approved by the voters of the city at an election held June 7, 1966, by Senate Concurrent Resolution No. 92, which was approved by the voters of the city at a special municipal election held November 7, 1972, and by Senate Concurrent Resolution No. 111, which was approved by the voters of the city at a special municipal election held November 6, 1973. This section was further amended by the voters of the city on March 26, 1996.

No person shall be a candidate for election to the office of city councilperson after having been elected to the office for three consecutive four-year terms. No person shall be a candidate for election to the office of city councilperson who has held the office for more than two years of a four-year term and has been elected to the office for the next following two four-year terms. Nothing in this section shall prevent any person who has thereby held the office of city councilperson from being a candidate for election to the office if at least three years have elapsed since his or her last term of office has expired. This section shall not apply to any person holding the office of city councilperson on the date of its approval by the voters of the city.

Editor's note: This section was added by Resolution No. R76-153, which was approved by the voters of the city at a general and special election held on November 2, 1976. This section was amended by the voters of the city on March 26, 1996.

In case any councilperson shall change his or her residence from the district in which he or she resided at the time of his or her election or appointment, his or her office shall immediately become vacant and be filled as directed in this Charter; provided, however, that in case the boundaries of any district are changed, no councilperson whose residence is hereby included within a different district from that in which he or she resided at the time of his or her election or appointment shall lose his or her office by reason of such change. An elective office becomes vacant when the incumbent thereof fails to qualify within ten days from the time he or she receives his or her certificate of election or appointment, dies, resigns, is removed from office, is adjudged incompetent, convicted of a felony, or of offense involving a violation of his or her official duties or forfeits his or her office under any provision of this Charter, or ceases to be a resident of the city or district as required by the preceding paragraph of this section; or shall have been absent from the city without leave of the council for more than thirty consecutive days, or, if a member of the council or a board fails to attend the meetings of the council or a board of which he or she is a member for a like period, without being excused therefrom by the council, or, if any other officer than a member of the council or a board shall absent himself or herself from his or her office for more than fifteen days consecutively, without such leave. (Stats. 1941, p. 3244.)

Editor's note: This section was amended by the voters of the city on March 26, 1996.

Officers and employees of the city, before entering upon the discharge of their official duties, shall give and execute to the city such official bonds as may be required by general law, this Charter or ordinance. All such official bonds must be given by some lawfully authorized and approved surety company, and the city shall pay the premium therefor.

Editor's note: This section was amended by the voters of the city on March 26, 1996.

Every bond shall contain the condition that the principal will well, truly, honestly and faithfully perform the duties of his or her office, and all bonds must be approved by the council, after first being approved as to form by the city attorney.

Approval of such official bond must be endorsed thereon and signed by the officers approving the same. Each bond, when so approved, shall be filed with the city clerk. All provisions of any law of this state, relating to official bonds, not inconsistent with this Charter shall be complied with.

Editor's note: This section was amended by Assembly Concurrent Resolution No. 72, which was approved by the voters of the city at a election held June 7, 1966. This section was further amended by the voters of the city on March 26, 1996.

The council may at any time, by ordinance, change the penal sum of any official bond.

Every officer of the city, before entering upon the duties of his or her office, shall take the oath of office, as provided for in the constitution of this state, and shall file the same with the city clerk.

Editor's note: This section was amended by the voters of the city on March 26, 1996.

Each councilperson shall receive a salary of fifty dollars per month, excepting the mayor, whose salary shall be seventy-five dollars per month; provided, that such salaries may be changed by a majority vote of the qualified electors at any general municipal election. Except where such power to fix is otherwise given by this Charter, the council shall fix by ordinance the salary of all other officers herein created by ordinance whose salaries are not herein fixed or otherwise provided for.

Editor's note: This section was amended by Senate Concurrent Resolution No. 111, which was approved by the voters of the city at a special municipal election held November 6, 1973. This section was further amended by the voters of the city on March 26, 1996.

Editor's note: This section was repealed by Senate Concurrent Resolution No. 111, which was approved by the voters of the city at a special municipal election held November 6, 1973.

Whoever, being a city officer or being in nomination for, or while seeking nomination or appointment for any city office, shall use or promise to use, whether directly, or indirectly, any official authority or influence, whether then possessed or merely anticipated, to aid any other person to secure any office or appointment in the service of the city or any nomination or increase of salary, upon the condition that his or her vote or political influence shall be given or used in behalf of any candidate, office or political party or association, or upon any corrupt condition, shall be deemed guilty of a misdemeanor, and every person found guilty of such misdemeanor, as aforesaid shall, upon conviction thereof, be liable to be punished by a fine of not less than one hundred dollars, or more than five hundred dollars, or to be imprisoned not less than ten days nor more than six months, or to both said fine and said imprisonment in the discretion of the court. If the person convicted be a public officer, he or she shall, in addition to any other punishment imposed, be deprived of his or her office and be forever debarred and disqualified from holding any position in the service of the city.

Editor's note: This section was amended by the voters of the city on March 26, 1996.

No officer or employee of the city shall become a party worker or solicitor in any city election, in behalf of any candidate for office, except in his or her own behalf, provided, that nothing herein contained shall be construed to prevent or prohibit any such officer or employee from taking part either for or against any bond issue or other civic question, except the election of city officers. A violation of any of the provisions of this section shall be sufficient cause for his or her removal from office.

(Stats. 1927, p. 2055.)

Editor's note: This section was amended by the voters of the city on March 26, 1996.

All officers of the city and members of the council or any board provided for in this Charter shall have power to administer oaths and affirma-tions, and every such officer, council or board shall have power to issue subpoenas, to compel by subpoena attendance of witnesses, production of books, papers and documents, and take and hear testimony concerning any matter or thing pending before such officer, council or board. If any person so subpoenaed neglects or refuses to appear, or to produce any book, paper or document as required by such subpoena, or shall refuse to testify before any such officer, council or board or to answer any question which any officer, or a majority of such council or board shall decide to be proper and pertinent, he or she shall have power to take the proceedings in that behalf provided by the general laws of this state. The chief of police must, on request of such officer, or of any member of such council or board serve such subpoena or cause the same to be served.

Editor's note: This section was amended by the voters of the city on March 26, 1996.