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
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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."
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RLK:SS:lb 8-17-78
Respectfully submitted,
RICHARD L. KNICKERBOCKER
City Attorney
APPROVED AS TO FORM:
City Attorney
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CITY OF SANTA MONICA
DATE: ~~-l~a-~ 3~ I~17 y
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FROM: `City Attorney°s Office
SUBJECT: Assignment of Your Recent Request
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Please be advised that the material concerning your
recent request regarding:
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has been assigned/reassigned to
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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:.
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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
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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
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