Berkeley Municipal Code Title 2 Administration

*For Charter provisions regarding the powers, duties and meetings of the City Council, see Charter §§ 38--46; for provisions regarding term of office, see Charter § 15; for provisions regarding salaries, see Charter § 19; for provisions regarding eligibility, election and vacancy, see Charter §§ 4--6.

*The City Attorney has determined that certain uncodified provisions are unconstitutional. See Citizens for Jobs and Energy v. Fair Political Practices Comm. (1976) 16 Cal. 3d 671.

The City Attorney has determined that Ord. 4700-NS § 602 applies only to ballot measures which are recalls; it has been held unconstitutional with respect to initiatives and referenda. (See Citizens Against Rent Control v. City of Berkeley (1981) 454 US 290.)

The City Attorney has also determined that Ord. 4700-NS § 605 applies only to candidate campaigns and ballot measures which are recalls; it has been held unconstitutional with respect to initiatives and referenda. (See Pacific Gas and Electric v. City of Berkeley, (1976) 60 Cal. App. 3d 123).

The City Attorney has determined that Ord. 4700-NS § 517, as modified by Ord. 5895-N.S. § 1, is unconstitutional; see Meyer v. Grant (1988) 486 U.S. 414, Buckley v. American Constitutional Law Foundation (1999) 525 U.S. 182.

Chapter 2.20 was initially created by Ordinance No. 3069-NS, adopted on July 19,1949. Chapter 2.20 was amended by Ordinance No. 3261-NS on June 4, 1952, and Ordinance No. 4944-NS on October 26, 1976. Chapter 2.20 was repealed by Ordinance No. 7022-NS on March 25, 2008.