Pass: 3,972 / 61.5% Yes votes ...... 2,490 / 38.5% No votes

See Also: Index of all Measures

Impartial Analysis from the City Attorney, City of San Carlos

The California Government Code requires each city to have a City Clerk, who is to be either elected or appointed. The City Clerk's office is responsible to maintain custody and preservation of official records of the City including agendas, minutes and public hearing notices, contracts, as well as actions of the City Council such as ordinances, resolutions, and contracts. The City Clerk also serves in an administrative capacity as Clerk of the Council, directs municipal elections, is the filing officer for campaign and economic interest statements required by the Political Reform Act, and is custodian of the City seal. The City Clerk manages the City's Records Management Program, maintains the Municipal Code and administers the department's imaging system.

This measure would change the manner in which the City Clerk of the City of San Carlos is selected. Currently, the City Clerk is elected directly by the people and must reside in and be a registered voter of the City. There is no current requirement that the City Clerk have any specific education, certification, or training. The City Clerk serves as elective term of four years and must stand for re-election to continue as City Clerk. Any vacancy in the position must be filled by appointment for the duration of the elective term or by special election.

This measure would make the City Clerk's office an appointive rather than elective office. If this measure passes, any person serving as the City Clerk would continue to serve the current elective term until its expiration on November 8, 2011, or until there is a vacancy in the position, whichever occurs first. Thereafter the City Clerk would be appointed by the City Council which could adopt minimum qualifications for training, education, experience or certification for the City Clerk position. The City Council could recruit and interview for the position of City Clerk from among all qualified candidates, regardless of where they reside or are registered to vote. An appointed City Clerk would serve at the pleasure of the City Council, and as a department head of the City Clerk's department. Thus, an appointed City Clerk could be replaced due to unsatisfactory performance or if he or she became unable or unwilling to perform the job duties. Temporary appointments could be made to the position during recruitment of qualified applicants and no appointment within thirty days or special election would be required. The City Council would have the right to adopt an ordinance to delegate appointment authority for the City Clerk's position to the City Manager. If the measure does not pass, the City Clerk will continue to be an elective office.