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Should Measure X, a
measure enacting an ordinance setting a limit of two consecutive terms for
elected officials in Capitola, be adopted? |
IMPARTIAL ANALYSIS BY
CITY ATTORNEY
MEASURE X This ballot measure, if adopted by City voters,
would add an ordinance to the Capitola Municipal Code limiting the number of
consecutive four-year terms elected officials in the City of Capitola may serve. Currently in Capitola City
Councilmembers and the City Treasurer are elected and there is no
limit on the number of consecutive four-year terms these elected officials
might serve. If adopted by the voters, the new term limits ordinance would
provide that City Councilmembers and City Treasurers shall serve a maximum of
two elected four-year terms consecutively, i.e., eight years altogether. Upon completion of a second consecutive
elected term, the term-limited City Councilmember or City Treasurer could not
run for the office he or she held for at least two years. At the end of this two-year waiting
period, he or she would be eligible to once again seek election to the City
Council or City Treasurer’s office.
The ordinance also provides that if a City Council seat or the City
Treasurer’s office is vacated due to resignation, death, disqualification or
other cause, the City Council retains its current discretion to fill the
vacancy by either appointing an individual to the vacated office or calling a
special election to fill that office.
If adopted, the ordinance would apply for the first time to
Councilmembers or City Treasurers who complete a second consecutive four-year
elected term of office as of November 2004.
s/ John G. Barisone,
City Attorney |
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FULL
TEXT OF BALLOT MEASURE X ORDINANCE
OF THE PEOPLE OF THE CITY
OF CAPITOLA ADDING
SECTION 2.04.015 TO THE CAPITOLA
MUNICIPAL CODE ESTABLISHING
TERMS LIMITS BE
IT ORDAINED BY THE CITY OF CAPITOLA AS FOLLOWS: Section
1. Section 2.04.015 is hereby added to the
Capitola Municipal Code to read as follows: Section 2.04.015.
Term limits for elected officials.
City Council Members and City Treasurers shall serve a maximum of two
elected terms consecutively. Upon
completion of a second consecutive elected term, the term-limited City
Council Member or City Treasurer shall be eligible to seek re-election to the
City Council or City Treasurer’s office for a term commencing no earlier than
two years after the second consecutive term has been completed. Nothing herein shall be construed to limit
the City Council’s discretion to appoint an individual to fill a City Council
seat or City Treasurer’s office which has been vacated due to resignation,
death, disqualification or other cause. Section 2. This ordinance shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect 10 days after that date. |
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44-527
VOTER
INFORMATION PAMPHLET
MEASURES, ANALYSES AND
ARGUMENTS (whichever is applicable to
your ballot) Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors. |
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ARGUMENT IN FAVOR OF MEASURE X VOTE YES ON TERM LIMITS 70%
of California voters, through ballot initiatives and polls, have said that
they support term limits. In the March election, voters soundly
defeated efforts to undermine term limits. Two terms (8 years) is long
enough for any individual to serve in a public office. There's
no doubt that power corrupts. It was never intended that City Council
seats become lifetime power-perks for entrenched politicians. It's a
natural tendency for people in political power to start to believe they are
indispensable- that their experience and connections make them the only
person who can do the job properly. People with such attitudes are precisely
those who pose the most danger when they have positions of power. Term
limits in Capitola would encourage citizen participation. Fresh views and new
decision making are good things. The process of term limits allows for
more participation by rotating, bringing forward new ideas and energy. Term
limits in local government will transform political culture into citizen
participation. Small town, small town politics, citizen participation,
rejuvenation with new ideas and energy, all spell term limits. VOTE YES ON
TERM LIMITS FOR COUNCIL AND CITY TREASURER. Thank
you s/ Dennis Norton, Capitola City Councilman |
REBUTTAL TO ARGUMENT
IN FAVOR OF Measure X The
argument in favor of term limits contains several fallacies: 1) That many people in California voted for
term limits does not make them right. An example of this is, we are losing an
excellent Assemblyman due only to term limits. This measure for Capitola did
not come from a ground swell of support of the voters, but a 3 to 2 vote of
the Capitola City Council. 2) That power corrupts due to the length of a
Councilpersons term in office. A corruptible politician is a result of a lack
of integrity, not the amount of time that person serves. 3) That new decision making is preferable to
experience. Experiences can be an asset. But, if a new candidate can
articulate new and good ideas, that candidate will be elected. However, just
being new should not propel someone into office. 4) That term limits are necessary to promote
citizen participation. Anyone who attends a Council meeting or views one on
TV, knows there is already a high level of citizens participation. People who do good work deserve the opportunity to run for re-election, and voters deserve the right to vote for them! Do not arbitrarily eliminate good people from the Council! VOTE NO ON TERM LIMITS! s/ Rick Halterman |
44-528
VOTER
INFORMATION PAMPHLET
MEASURES, ANALYSES AND
ARGUMENTS (whichever is applicable to
your ballot) Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors. |
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ARGUMENT AGAINST MEASURE X This
is being written in opposition to the term limits measure in the City of
Capitola. The measure would limit
City Council members to two consecutive terms. There is an arbitrary, mindless, and undemocratic nature to
term limits. The
arbitrary nature comes in eliminating someone simply because that person has
served two consecutive terms. This
ignores the quality of the candidates tenure on the Council, the willingness
to serve the community, and the experience gained while sitting on the
Council. The
mindless nature come from paying no attention to the incumbent involved. They could literally be one of the finest
Councilpersons ever to serve; yet that person would not be allowed to
run. The time the incumbent serves
the community well, will eventually become a detriment to this persons
further desire to serve the City of Capitola. Finally,
the undemocratic nature comes both in the way the candidate is treated, and
the way the voter is treated. A
person who has served the City should have the same right to run as any other
resident. More importantly, the
voters should retain the right to vote for whomever they chose. If a majority of the voting public feels
an incumbent deserves a return to office, the democratic process should
always guarantee this. An incumbent must stand for election every four
years. This is more than adequate to
allow anyone to run for office.
Respect an incumbent’s experience and desire to serve. More importantly, respect yourself enough
not to deprive yourself of all your voting options. s/ Rick Halterman s/ Jerry L. Bowles |
No
Rebuttal to the argument Against Measure X was filed. |
44-529