Santa Ana Municipal Code § 401.01 Term limits

The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. on the first regularly scheduled meeting or at a special meeting following certification of election results, and each shall serve except as otherwise provided for in this charter, until the member's successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the City. Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large.

(Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Ord. No. NS-1316, 8-24-76, approved at election 11-2-76; Ord. No. NS-1346, 1-25-77, approved at election 4-5-77; Ord. No. NS-1642, 8-2-82, approved at election 11-2-82; Ord. No. NS-1864, 8-19-86, approved at election 11-4-86; Ord. No. NS-1973, 8-15-88, approved at election 11-10-88; Ord. No. NS-2715, 7-3-06, approved at election 11-7-06; Res. No. 2018-056, § 7(Exh. A), 7-17-18, approved at the election 11-6-18; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

To be eligible to be elected to the office of councilmember, a person must be a qualified voter and a thirty (30) day resident of the ward from which the candidate is nominated at the time nomination papers are issued as provided for in the Elections Code of the State of California, except that the mayor need only be a registered voter and thirty (30) day resident of the city at such time. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which the councilmember (or, in the case of an appointee, the councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in case of an appointee, the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, the councilmember shall not lose the office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council.

(Prop. of 6-7-66, approved on 8-15-66; Res. No. 66-121; Ord. No. NS-1521, 3-17-80, approved at election 6-3-80; Ord. No. NS-1864, 8-19-86, approved at election 11-4-86; Ord. No. NS-2715, 7-3-06, approved at election 11-07-06; Res. No. 2007-057-S1, 11-5-07, approved at election 2-5-08; Res. No. 2012-034, 8-1-12, approved at election 11-6-12; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

A. Councilmembers. A person shall only serve three (3) terms of four (4) years each in the office of councilmember (regardless of wards represented by that person during such period and regardless of whether service is consecutive or nonconsecutive). This term limit of a total of twelve (12) years of service shall be deemed to apply to anyone elected in or after the 2012 general municipal election.

Short or partial terms shall not be considered in determining eligibility for appointment, nomination or election. For purposes of this Charter, short or partial terms shall only be those where the councilmember was elected or appointed to replace another councilmember who left office before the latter official's term expired. Any councilmember who assumed office at the beginning of a term and left office early for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law.

B. Mayor. A person shall only serve four (4) terms of two (2) years each (regardless of whether service is consecutive or nonconsecutive). This term limit of a total of eight (8) years of service shall be deemed to apply to anyone elected in or after the 2012 general municipal election.

Short or partial terms shall not be considered in determining eligibility for appointment, nomination or election as mayor. For purposes of this Charter, short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beginning of a term and left office early or before the term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law.

C. Absolute Term Limit.

(1) Notwithstanding any other previously enacted provision of law or of this Charter, during their lifetime, a person may serve no more than three (3) terms of four (4) years each as a member of the Santa Ana City Council, and may also serve no more than four (4) terms of two (2) years each as Mayor of Santa Ana.

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 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, ballot pamphlet, sample ballot or ballot label, the name of any person whose candidacy, if successful, will result in a new Mayoral or City Council term that exceeds the limits set forth herein.

(2) No person who has already served three terms as a member of the City Council may be appointed to serve on the City Council, and no person who has already served four terms as Mayor may be appointed to serve as Mayor, whether said appointment is in lieu of a Municipal Election or to fill a vacancy on the City Council.

(3) No person who has already served three terms as a member of the City Council may run for special election to fill a vacancy on the City Council. No person who has already served four terms as Mayor may run for special election to fill a vacancy in the office of Mayor.

(Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials, the City Attorney, the City Manager, the City Clerk, the Police Chief, directors of all City departments, and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials. The City Council shall periodically review the Code of Ethics and Conduct and make any amendments by ordinance or resolution.

The City Council shall establish by adoption of an Ordinance a process to address alleged violations of the Code of Ethics and to enforce its provisions.

(Res. No. 2007-057-S1, 11-5-07, approved at election 2-5-08; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22; Res. No. 2024-033, 6-18-24, approved at the election 11-5-24)

The offices of councilmember from wards one, three, and five shall be filled at the general municipal election held in 1988, and the offices of councilmember from wards two, four and six shall be filled at the general municipal election held in 1990. Thereafter, the offices of councilmember from wards one, three and five and from wards, two, four and six shall be filled alternately at the general municipal elections held in the years in which the terms of such offices respectively expire.

The candidate elected from each ward at each such election shall be the candidate receiving the highest number of votes cast for any candidate from said ward.

(Prop. of 4-9-57, approved on 4-16-57; Ord. No. NS-1316, 8-24-76, approved at election 11-2-76; Ord. No. NS-1346, 1-25-77, approved at election 4-5-77; Ord. No. NS-1642, 8-2-82, approved at election 11-2-82; Ord. No. NS-1864, 8-19-86, approved at election 11-4-86)

Each member of the City Council and the Mayor shall receive as a monthly salary for their services, the maximum amount allowed by the population formula set forth in California Government Code Section 36516 as of November 8, 2016. No increase in the monthly salary shall occur without first being approved by the voters pursuant to a Charter amendment. Further, each member of the City Council and Mayor shall receive reimbursement for required travel and other expenses while on official business of the City as authorized and approved by Resolution of the City Council. In accordance with Section 36516 any amounts paid by City for retirement, health and welfare benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the City for its executive employees. Any amounts paid by the City to reimburse for actual and necessary expenses pursuant to a Council Resolution shall not be included for purposes of determining salary. Any member of the Council may waive any or all of the compensation permitted by this section.

Absence of the Mayor or a member of the City Council from all regular and special meetings of the City Council during any calendar month shall render them ineligible to receive the monthly salary for such a calendar month, unless such absence was approved by the City Council as expressed in its official minutes.

(Prop. of 8-4-54, approved on 11-1-58; Res. No. 58-193; Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Ord. No. NS-1973, 8-15-88, approved at election 11-10-88; Res. No. 2016-061, approved at election 11-8-16; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment. In each case the person so appointed shall hold office until the next general municipal election and until their successor is elected and qualified for the remainder of an unexpired term. Such appointee must, at the time of their appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which their predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy.

If a member of the City Council absents themselves from all regular meetings of the City Council for a period of sixty (60) days consecutively from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, their office shall become vacant and shall be so declared by the City Council.

(Ord. No. NS-1346, 1-25-77, approved at election 4-5-77; Ord. No. NS-1864, 8-19-86, approved at election 11-4-86; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

The mayor shall be a member of the City Council and shall preside over the meetings of the City Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with their office.

The mayor shall be elected by the voters of the City at large at each general municipal election in November of even-numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the City Council in the same election. In the event an incumbent City Council member other than the mayor is elected mayor such other office shall become vacant at the time they assume office as mayor and the City Council shall call a special election to fill the vacancy.

To be eligible to be elected to the office of mayor a person must be a qualified voter as provided for in the Elections Code of the State of California. If the mayor is convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council.

(Ord. No. NS-1864, 8-19-86, approved at election 11-4-86; Res. No. 2012-034, 8-1-12, approved at election 11-6-12; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

Each calendar year, at the first meeting in January, the City Council shall elect a mayor pro tem who shall act as mayor during the absence from the City or disability of the mayor, or during any vacancy in the office of mayor until otherwise filled in accordance with section 403. All members of the City Council, other than the mayor, shall be eligible to serve as mayor pro tem regardless of their seniority or whether they previously served a term or terms as mayor pro tem. The mayor pro tem from the previous year cannot be selected as mayor pro tem the next year. The mayor pro tem shall serve at the will and pleasure of the Council and may be replaced by four affirmative votes of the Council.

(Ord. No. NS-1864, 8-19-86, approved at election 11-4-86; Ord. No. NS-1973, 8-15-88, approved at election 11-10-88; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

The City Council shall be the judge of the election and qualifications of its member(s) as defined in section 401 of this charter and shall meet on the first regularly scheduled meeting or at a special meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any.

(Prop. of 6-7-66, approved on 8-15-66; Res. No. 66-121; Ord. No. NS-1973, 8-15-88, approved at election 11-10-88; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

All powers of the City and the determination of all matters of policy shall be vested in the City Council, subject to the provisions of this charter and to the Constitution of the State of California.

Except for the purpose of inquiry, the City Council and its members shall deal with the administrative branch of the City government solely through the City Manager or their designated deputy, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. Neither the City Council nor any of its members shall direct or request the appointment of any person to, or their removal from, an office by the City Manager or by any of their subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative branch of the City government, except as specifically provided in this charter.

(Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

The council shall provide, by ordinance or resolution, not inconsistent with other provisions of this section, for the time, place, and manner of holding its meetings. Copies of such ordinances or resolutions shall be kept on file in the office of the City Clerk where they shall be available for public inspection. To the extent that they are not inconsistent with other sections of this charter, the provisions of Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code, as they now exist or may hereafter be amended, insofar as they relate to the right of the public to attend meetings of council, the adjournment of regular or adjourned regular meetings, the calling of special meetings, and the holding of executive sessions, shall govern meetings of the council. No business shall be considered at any special meeting other than such as is specified in the notice of such meeting.

(Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Prop. of 6-7-66, approved on 8-15-66; Res. No. 66-121; Ord. No. NS-1405, 3-13-78, approved at election 6-6-78; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

A majority of the members of the City Council shall constitute a quorum to do business, but a lesser number may adjourn from time to time. Except as otherwise provided elsewhere in this charter or by law, no ordinance, resolution or motion shall be passed, adopted, or become effective unless it receives the affirmative vote of a majority of the full membership of the City Council. In the absence of all of the members of the City Council from any regular meeting, the City Clerk may declare the same adjourned to a stated day and hour.

(Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Ord. No. NS-1405, 3-13-78, approved at election 6-6-78; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

The City Council shall establish rules for the conduct of its proceedings and to preserve order at its meetings. It shall, through the City Clerk, maintain a record of its proceedings which shall be open to public inspection. Any member of the City Council may place items on the City Council agenda to be considered by the City Council.

The City Council may organize special committees of its members for the principal functions of the government of the City. It shall be the duty of each such committee to be informed of the business of the City government included within the assigned functions of the committee, and, as ordered by the City Council, to report to the City Council information or recommendations which shall enable the City Council properly to legislate.

Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority on any investigation or proceeding pending before it to impel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and may be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds) shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this charter are punishable.

(Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Ord. No. NS-2074, § 1, 8-6-90, approved at election 11-6-90; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

No citizen shall be denied the right personally, or through counsel, to present grievances at any meeting of the City Council, or to offer suggestions for the betterment of City affairs.