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7/19/2018 10:49:49 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
2009
Meeting date
11/6/2009
Type
MIN
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AGE CHC 2009-11-06
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas
CA-12 Initiation of Amendments or Revisions
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-14 Legislative Auditor
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-15 2% Land Fund
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-16 Charter Amendment or Revision
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-17 Reapportionment to Redistricting
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-18 Four Year Council Terms
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-19 Office of Council Services
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CA-20 Council Standing Committees
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CA-21 Planning Commission Membership
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CA-22 Filing of Council Agenda
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CA-23 Electronic Notices with Newspaper Notices
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-24 Boards and Commissions
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CA-25 CDP Amendments
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CA-26 Conservation
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-27 Vacancies in Office
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-28 Civil Defense
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-29 Prosecuting Attorney Powers
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
CA-30 Board and Commission Websites
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CA-31 Department of Agriculture and Energy
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CA-32 Special Counsel
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CA-33 Electronic Notice for Boards and Commissions
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CA-34 Budgetary Independence of the Legislative Auditor
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CA-35 RECALL
(Related To)
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Agendized Charter Amendment Proposals
COMM. 079 Haitsuka, E Additional Meetings
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Communications (agenda items)
COMM. 080 Hecht, D - RECALL
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Communications (agenda items)
COMM. 081 Brilhante, W -Transmitting 2 Proposed Amendments
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\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Communications (agenda items)
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have something that maybe you can add, perhaps one of the Commissioners can call you up <br />to testify. <br />MS. HECHT: Okay, that's fine then. I did want to speak mostly about the recall amendment <br />that I submitted as Communication 80, I believe. What you have now as a Charter <br />Amendment on recall, is good, except that it doesn't quite go far enough. It doesn't go far <br />enough in that it allows only 30 days for people to collect signatures, which is near <br />impossible. Also, it doesn't take into effect any of the problems in an initiative petition <br />drive. Many of the additional provisions on this amendment were taken from the initiative <br />and referendum that was written by the League of Women Voters in collaboration with the <br />County Clerk and the Elections Office. We also took it around to all the Council members to <br />have that approved. Voters approved the initiative and referendum Charter Amendment in <br />2008. What we found when we did the 2% petition - -and I know I'm jumping around a lot- - <br />was that the process in the Charter was very poorly defined. <br />What I learned from writing the initiative petition process was that things need to be pretty <br />much tied down as to process and procedure. That's why I submitted this much more <br />extensive re -write of the recall amendment, and I would ask that you consider it. For <br />instance, there is no provision in the existing recall part of the Charter to form a petitioners <br />committee and identify the persons who want to recall the elected official. There is no <br />provision that the petitioners committee will work with the Clerk by receiving a sample <br />petition. There is no provision that the committee's petition is legally reviewed. There is no <br />provision for the committee to write their own petition in case the Clerk's petition is difficult. <br />There is no provision for disclosure, in case there are paid circulators of the petition. And <br />doing research, we found this had been a large problem in California. There is no process for <br />proper notice. There is no process of how to collect signatures on the initial petition. There <br />is no process or time - frames to collect signatures on a supplemental petition. There is no <br />direction as to how the ballot question will be worded. There is no provision for a vote by <br />mail election. And there is no provision on how to fill vacancies. <br />Right now, vacancies are filled by the Managing Director in the case of a Mayor being <br />recalled; the First Deputy fills the vacancy for the Prosecuting Attorney; and the Council <br />appoints a new Council Member. In my recommendation, and in the vacancies part of the <br />Charter, which is CA -27 that I proposed, if there are six months or less remaining in the term <br />of the person being impeached, or if they die or resign or are recalled, then those provisions <br />apply; meaning the Mayor is replaced by the Managing Director, the Prosecuting Attorney is <br />replaced by the - - -Do I only have three minutes for this one thing, or - -- <br />CHR. HAITSUKA: You have three minutes for each agenda item. <br />MS. HECHT: Okay. So, should I just say when I'm going onto another item? <br />CHR. HAITSUKA: Yes please, that would be helpful. <br />MS. HECHT: Then I'll go from there into vacancies, and that is CA -27. This provides that <br />if a term is less than six months, the County Council shall appoint a successor by vote. But, <br />16 <br />
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