Milpitas Municipal Code Ch. 400 Mayoral and Councilmanic Term Limits

A. A person may serve a combined maximum of ten consecutive years of elective terms of service as either a City Councilmember or as the Mayor.

B. Further, a person may only serve a total of six years (three elective terms) of service as Mayor within the combined maximum ten consecutive year term limit provided in subsection (A).

C. Once a person reaches the combined consecutive elective term limit provided in subsection (A), the former Councilmember or Mayor may not again be elected or appointed to serve on the City Council or as Mayor until the expiration of two years following the end of the officer's elective service.

D. If a person reaches the Mayoral term limit in subsection (B) but has four available years of service remaining under the combined term limit provided in subsection (A), the former Mayor may not again be elected or appointed to serve as Mayor but the former Mayor may serve as a City Councilmember for one elective term (four years) and then may not serve on the City Council or as Mayor until the expiration of two years following the end of the officer's elective service as provided in subsection (C).

E. If a person reaches the Mayoral term limit in subsection (B) but has only two available years of service remaining under the combined term limit provided in subsection (A), the former Mayor may not again be elected or appointed to serve as either Mayor or as a Councilmember until the expiration of two years following the former Mayor's service. The person may thereafter serve as Mayor or a Councilmember pursuant to subsection (C).

F. If a person serves a combined total of eight consecutive years (two consecutive elective terms) as a Councilmember, the Councilmember may not again be elected or appointed to serve as a Councilmember, but the former Councilmember may serve two consecutive years (one consecutive elective term) as Mayor after which he or she may not serve on the City Council or as Mayor until the expiration of two years following the end of the officer's elective service as provided in subsection (C).

(Ord. No. 313, § 1, 11/8/22; Ord. 244 (part), 5/17/96)

For purposes of applying this Chapter, a person who serves one-half or more of either a Councilmember or Mayoral elective term shall be deemed to have served that entire elective term (all years) consecutively with the next scheduled elective term, even if there is an actual break of time in elected service. In the event one is elected Mayor during his or her tenure as Councilmember, he or she shall be deemed to have served that entire Council term for purposes of applying this Chapter.

(Ord. No. 313, § 1, 11/8/22; Ord. 244 (part), 5/17/96)

A. "Elective term" shall mean:

(1) A full term of service (four years for Councilmembers and two years for Mayor) for which a person was nominated, including as a write-in candidate, and to which he or she was elected to office at any General Municipal Election, occurring on or after November 8, 2022; or

(2) A full term of service (four years for Council Members and two years for Mayor) to which a person was appointed by the City Council in lieu of a General Municipal Election, pursuant to California Elections Code Section 10229 or similar law, occurring on or after November 8, 2022

B. "Elective Term" shall not mean any partial term to which a person has been specially elected or appointed to the office of Mayor or Councilmember pursuant to a recall election or to fill a mid-term vacancy, pursuant to State law.

C. Special Transitional Rules. Notwithstanding the above, if, as of the November 8, 2022 General Municipal Election:

(1) A person has already served six consecutive years (three elective terms) as Mayor to which he or she was elected or appointed in lieu of an election in the Years 2016, 2018 and 2020, that person may not serve any further consecutive terms as Mayor but may serve one consecutive term as a Councilmember starting in the Year 2022. If elected or appointed to the office of Councilmember in the Year 2022, that person may serve one term as a Councilmember and thereafter may not serve as Mayor or as a Councilmember until the expiration of two years following said consecutive terms, as outlined above. Such person may also not resign as a Councilmember and serve as Mayor starting in the Year 2024.

(2) A person serves eight consecutive years as a Councilmember to which he or she was elected or appointed in lieu of an election in the Years 2016 and 2020, that person may not serve any further consecutive terms as a Councilmember but may serve one consecutive term as Mayor starting in the Year 2024. If elected or appointed to the office of Mayor in the Year 2024, that person may serve one term as Mayor and thereafter may not serve as Mayor or as a Councilmember until the expiration of two years following said consecutive elective terms, as outlined above. If a person serves six consecutive years as a Councilmember to which he or she was elected or appointed in lieu of an election in the Years 2016 and 2020, and was elected or appointed as Mayor in lieu of an election in the Year 2022, that person may not serve any further consecutive terms as a Councilmember but may serve the term as Mayor starting in the Year 2022 and may thereafter serve one additional consecutive elected term as Mayor starting in the Year 2024. After said service, that person may not serve as Mayor or as a Councilmember until the expiration of two years following said consecutive elective terms, as outlined above.

(3) A person has already served one term as a Councilmember to which he or she was elected or appointed in lieu of an election in the Year 2018, that person may serve one additional consecutive term as a Councilmember starting in the Year 2022, and may thereafter serve one consecutive term as Mayor starting in the Year 2026. The person thereafter may not serve as Mayor or as a Councilmember until the expiration of two years following said consecutive elective terms, as outlined above. If a person has already served one term as a Councilmember to which he or she was elected or appointed in lieu of an election in the Year 2018, that person may serve one consecutive term as Mayor starting in the Year 2022, and may thereafter serve two more consecutive terms as Mayor starting in the Years 2024 and 2026 or one more consecutive term as a Councilmember starting in the Year 2024. The person thereafter may not serve as Mayor or as a Councilmember until the expiration of two years following said consecutive elective terms, as outlined above.

(4) A person is currently serving a first term as a Councilmember to which he or she was elected in the Year 2020, that person may serve one additional consecutive term as a Councilmember starting in the Year 2024 and may thereafter serve one consecutive term as Mayor starting in the Year 2028. The person thereafter may not serve as Mayor or as a Councilmember until the expiration of two years following said consecutive elective terms, as outlined above. If a person is currently serving a first term as a Councilmember to which he or she was elected or appointed in lieu of an election in the Year 2020, that person may serve one consecutive term as Mayor starting in the Year 2024, and may thereafter serve two more consecutive terms as Mayor starting in the Years 2026 and 2028 or one more consecutive term as a Councilmember starting in the Year 2026. The person thereafter may not serve as Mayor or as a Councilmember until the expiration of two years following said consecutive elective terms, as outlined above.

(Ord. No. 313, § 1, 11/8/22)

Editor's note— Former I-400-3, as added by Ord. 244, adopted May 17, 1996, has been renumbered as a new I-400-5 by Ord. No. 313, adopted November 8, 2022.

A. The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, including any paper for the purpose of seeking election as a write-in candidate, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, voter information guide, sample ballot or ballot label, the name of any person whose candidacy, if successful, will result in a new Mayoral or City Councilmember elective term that exceeds the limits set forth herein.

B. Notwithstanding section I-400-3(B) above, no person whose elected service has reached the applicable term limit set forth herein may be appointed to serve as Mayor or as a Councilmember, whether said appointment is in lieu of a General Municipal Election, pursuant to California Elections Code Section 10229, or to fill a vacancy in the office of Mayor or Councilmember pursuant to State law.

C. Notwithstanding section I-400-3(B) above, no person whose elected service has reached the applicable term limit set forth herein may run for special election to fill a recall or vacancy in the office of Mayor or a Councilmember pursuant to State law.

(Ord. No. 313, § 1, 11/8/22)

In accordance with Election Code 9217, the Ordinance codified in this Chapter became effective on December 30, 2022, which was ten days after the City Council declared the result of the Election."

(Ord. No. 313, § 1, 11/8/22; Ord. 244 (part), 5/17/96)

Note— Former § I-400-3. See editor's note, § I-400-3.