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MIN CHC 2000-01-15
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
2000
Meeting date
1/15/2000
Type
MIN
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everybody had thought it was going to take place, or start, in the next election, but <br />there was no language in regard to that, so actually, the clock started ticking on the 4 <br />two-year terms in November, whatever, 1996. But anyway, trying to accommodate all <br />those types of things, a similar discussion we had was you could create that one <br />exception. Maybe that's a fair way to do it so if somebody had been in office for six <br />years, it wouldn't preclude them from running for one at -large term. So that way, then <br />if that happened, then they would be able to serve ten years vs. eight years. <br />SANTANGELO: That happened anyway, when they set up the eight-year, because <br />there was some people already on it. <br />RAY: You know you can't make it work out perfectly, but I'm just throwing <br />that out there as a possible suggestion. <br />HERKES: Can I ask Chris a question? Chris, has there ever been an <br />enterprising legal challenge to term limits because voters have been disenfranchised? <br />You're taking away my opportunity to vote for a candidate that I want. <br />YUEN: Term limits are legal on a State level down. The congressional. <br />term limits are unconstitutional, when States have passed limits on how many times you <br />can re-elect your own Congress member, but on the local level, it's legal. <br />HERKES: Nobody's challenged it? <br />YUEN: Oh, I'm sure there's been challenges, but the public has the right to <br />create term limits unless there is some overriding law that says you can't, and it's not <br />prohibited by the Federal Constitution, which has a term limit for the President. It's not <br />prohibited by the State Constitution in this State, at least. Probably not in any state. <br />And so, at the Charter level, the voters are free to put in whatever term limits they want <br />because the individual who's in office - their right to stay in office is at the end of every <br />term, so they don't have a right to stay in a particular office forever, and the public <br />doesn't have the right to keep voting for somebody that they like, if the public, in the <br />past, made a decision that they were going to impose term limits across the board, they <br />didn't put any exceptions. If they want to keep the people in, they may have to change <br />that Charter provision. <br />RAY: George. <br />MARTIN: On what you were saying, John, I agree that an individual would <br />not have his or her opportunity on the at -large if, in fact, we do go with it, and the <br />public accepts it, and it's a four-year situation. But I believe we can write into the <br />Charter, and because there's only, I believe, six individuals that this would pertain to, <br />those individuals that would have that opportunity, once they're out of office, it would no <br />longer be an issue. <br />• RAY: We did have six new people come in in '96 so all those six, if <br />24 <br />
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