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Council's Apparent Power to Appoint an Advisory Charter Commission

From: domainremoved <Lynne>
Date: Thu, 16 Aug 2018 11:37:09 -0700

 Hello Council,

Based on my prior email on the topic of charter commissions and related, I
heard from Steve Chessin, President, Californians for Electoral Reform. In
short, he pointed me to some additional pertinent California Codes. (Thank
you Steve.) Council clearly has the power to appoint a Charter Commission.

*Election Code section 9255(a)
<https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC&sectionNum=9255.>
has a reference to appointed charter commissions:*

9255 (a) A charter or charter amendment proposed by a charter commission,
whether elected or appointed by a governing body, for a city or city and
county shall be submitted to the voters at an established statewide general
election pursuant to Section 1200, provided there are at least 95 days
before the election. A charter commission may also submit a charter
pursuant to Section 34455 of the Government Code.

*Government Code section 34458
<https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=34458.>*states
that "as an alternative to the procedure [of electing a charter commission]
the governing body of a city..., on its own motion, may propose or cause to
be proposed, amend or cause to be amended, or repeal or cause to be
repealed, a charter..."

Lynne Bramlett
Received on Thu Aug 16 2018 - 11:36:34 PDT

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