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sr-081778-cao opinionRLK:SS:lb 8-17-78 CITY ATTORNEY OPINION Opinion No. 78-166 August 17, 1978 SUBJECT: Charter Amendment Elections REQUESTED BY: Joyce Snider, City Clerk OPINION BY: Richard L. Knickerbocker, City Attorney Stephen Stark, Assistant City Attorney QUESTION PRESENTED Can. the same issue concerning amendment of the City Charter be voted upon twice within one year, whether at a regular or a special election? CONCLUSION Yes. The only restrictions upon presentation to electors of charter amendment issues are those common to all elections.. There are no longer special rules concerning charter amendment elections. Issues concerning amendments or repeal of charter provisions, whether promulgated by the City Council or by petition .from the electors, may be submitted to the electors subject only to the same general elections laws as all other matters. ANALYSIS The California State Constitution, in Article XI, §8 formerly prescribed a set procedure for amending city charters. In 1970, the Constitution was amended, and this provision waS deleted. The subject is now covered by Article XI, §3 and no longer specifies a time limitation on presentation of issues. Therefore, the Santa Monica City Charter is now the source of -1- RLK:SS:lb 8-17-78 authority for procedures in such matters. Section 1403 of the Santa Monica City Charter states that unless otherwise provided by ordinance, "all elections shall be held in accordance with the provisions of the Elections Code of the State of California." There are no methods otherwise provided by ordinance, so California Government Code §§34450- 34462 is directly applicable. Government Code §34459 states that charter amendments may be proposed by the governing body on its own motion or by a petition. signed by 10% of the registered electors. Government Code §34458 details the procedure for amendments proposed by governing bodies, and Government Code §34460 details the procedure for amendments proposed by petitions. Neither statute presents any limitation on the frequency of presentation of issues. Government Code §34462 states, in part, that the election laws"... so far as applicable...govern all elections held under the authority of this...chapter." Election Code §22807 concerns submission of propositions in municipal elections, and provides that propositions may be ,,Submitted at a regular, or at a special election.There is a limitation on the holding of Special Elections. Election Code §4020 holds "...a special election...shall be held not less than 74 nor more than 89 days after the date of presentation..." and allows a small extension of this time "to avoid holding more than one special election within any six months." -2- RLK:SS:lb 8-17-78 Respectfully submitted, RICHARD L. KNICKERBOCKER City Attorney APPROVED AS TO FORM: City Attorney -3 - ~ ~~ i `~ s ~ ~, `" ~ ` ~ ~, r. ~ F ~; ~ F' J n ~~ ,lJ ~ ! y/~~ fJ~( 2`Y? ~L-Lt .alt Y /j1° F /( f % _ F. ~ .~ ~~ _ .~ F X ~' ~ M 1 F Y' a5 CITY OF SANTA MONICA DATE: ~~-l~a-~ 3~ I~17 y i- FROM: `City Attorney°s Office SUBJECT: Assignment of Your Recent Request rtr ~ ~ ~,~ $:, ; ,, ,,`; ~'; Sde'TA ~7F~~ t z;;: Please be advised that the material concerning your recent request regarding: ~3v ys`c=f has been assigned/reassigned to iI~lP ~i Please refer to Pending Item No. 7~ when. making reference to this matter. _ Subject to the demands placed upon this office and the staff member who has received this assignment, this item is tentatively set. for completion on or before; In the event that this date cannot be met, you will be so advised. Thank you for your cooperation in this matter. DATE SENT:. n N: .-="` L RLK:ss Rev. 12/77 CITY OF SANTA MONICA ITS- T DATE: July 24, 1978 TO: Richard Knickerbocker, City Attorney +j~ FROM: Joyce Snider, City Clerk SUBJECT: Request for legal opinion ~G. ~~ Government Code Section 3445~iet. seq. governing placement z~..t L~RiIaT of amendments to the City chartersf~does not speak to prohibition or allowance of calling a special election to vote on the same issue a second time. Also, it does not speak to voting a second time on the same issue within a one year period whether at a special or regular election. l would therefore like a legal opinion on the following: 1. Can the same issue be voted upon twice within one year to adopt a charter amendment, whether at a regular or special election? ~~ oyc+'e Snider i City Clerk JS:jj Die Feceivad __:e 0.!.,;vered 7~ ~ ~ 711 ~ ~d~ 6' ~ _~-~-__-~_ Fotirn+`uP --"----- ~~ .; 3 i 8l~ ~d ~d ~ Jj ~' ,h7 ~r,~ rr.-, . }eg Ark; ~l A ' / ~ J