HomeMy WebLinkAboutRES NO 077-2022RESOLUTION NO.
RESOLUTION CALLING AND GIVING NOTICE OF
HOLDING A GENERAL MUNICIPAL ELECTION TO ELECT
COUNCILMEMBERS FOR WARDS 1, 3, 4, AND 7; SUBMIT
MEASURE TO AMEND THE CITY CHARTER (MEASURE);
REQUEST THE BOARD OF SUPERVISORS OF THE
COUNTY OF KERN TO CONSOLIDATE THE GENERAL
MUNICIPAL ELECTION WITH STATEWIDE GENERAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,
2022; SET PRIORITIES FOR FILING WRITTEN
ARGUMENTS AND REBUTTALS REGARDING THE
MEASURE; AND DIRECT THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS.
WHEREAS, Section 67 of the Charter of the City of Bakersfield prescribes
that a General Municipal Election for election of members of the Council shall be held
on the first Tuesday after the first Monday in November of each even -numbered year;
and,
WHEREAS, the California General Election will be held on November 8,
2022;and,
WHEREAS, pursuant to authority provided by Article XI of the
Constitution, Title 4, Division 2, Chapter 3 of the Government Code and Division 9,
Chapter 3, Article 3 (commencing at §9255) of the California Elections Code, the City
Council of the City of Bakersfield is submitting a proposed Measure to amend the City
Charter to the voters; and
WHEREAS, it is the City's desire that the General Municipal Election be
consolidated with the Statewide General election to be held on the same date and that
within the City the precincts, polling places and election officers of the two elections be
the same, and that the Kern County Election Department canvass the returns of the
General Municipal Election and that the election be held in all respects as if there were
only one election.
NOW, THEREFORE, INCORPORATING THE ABOVE RECITALS
HEREIN, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
SECTION 1. That pursuant to the requirements of Section 10403 of the
California Elections Code, the Board of Supervisors of the County of Kern is hereby
requested to consent and agree to the consolidation of a General Municipal Election
with the Statewide General Election, on Tuesday, November 8, 2022, for the purpose of
electing City Councilmembers for Wards 1, 3, 4 and 7 for the full term of four years
which ends November 2026.
ORIGINAL
SECTION 2. That the City Council pursuant to its right and authority does
order submitted to the voters at the General Municipal Election the following question
and proposed measure to amend the City Charter:
MEASURE" "
Shall the Bakersfield City Charter be amended to YES
remove all requirements that the Fire Chief and -.
Police Chief be appointed from within their respective NO
Departments?
SECTION 3. That the reclined and clean text of the proposed Measure is
attached hereto as Exhibit A.
SECTION 4. That the Board of Supervisors is requested to issue
instruction to the County Election Department to take any and all steps necessary for
the holding of the consolidated election. The election shall be held in all respects as if
there were only one election.
SECTION 5. That the County Election Department is hereby authorized
and requested to canvass the returns of said General Municipal Election and to certify
such canvass of the votes so cast to the City Clerk.
SECTION 6. That the City of Bakersfield recognizes that additional costs
will be incurred by the County to consolidate the elections and the City shall reimburse
the County for services performed when the work is completed and upon presentation
to the City of a properly approved bill.
SECTION 7. That the City Clerk is hereby authorized and directed to
certify the adoption of this Resolution, transmit and file it with the Board of Supervisors
and the County Election Department of the County of Kern.
SECTION 6. That the City Clerk is hereby authorized and directed to give
all notices and perform all advertising as required by law and perform or cause to be
performed all the duties and functions in the conduct of the election as required by State
law.
SECTION 9. That the City Council of the City of Bakersfield has decided
not to submit written arguments in favor or against the Measure to amend the City
Charter and the City Clerk is hereby authorized to select one argument in favor and one
argument against the measure, not exceeding 300 words, accompanied by the printed
name(s) and signatures(s) of the author(s) submitting it, in accordance with Article 4,
Chapter 3, Division 9 of the Elections Code of the State of California. The Argument(s)
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shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument.
The Argument(s) may be changed or withdrawn until and including the date fixed by the
City Clerk after which no Argument(s) for or against the City Measure may be submitted
to the City Clerk.
SECTION 10. That the provisions for the filing of rebuttal Argument(s)
shall be allowed in accordance with California State Election Code.
SECTION 11. That the City Council of the City of Bakersfield directs the
City Clerk to transmit a copy of the Measure to the City Attorney who shall prepare an
impartial analysis not exceeding 500 words showing the effect of the Measure on
existing law and the operation of the Measure. The analysis shall include a statement
indicating the Measure was placed on the ballot by the governing body of the City. The
impartial analysis shall be filed by the date set by the City Clerk for the filing of primary
Argument(s).
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'ORIGINAL
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on 1UN 0 12022
by the following vote:
AYES COUNCILMEMBER: ARIAS, GONZALEs, WEIR, SMITH, FREEMAN, GRAY, 24RLIER-
B COUNCILMEMBER.
A N. COUNCILMEMBER:
ABBEN COUNCILMEMBER.
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LIE DRIMAKIS, MIMIC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: 1UN 0 12022
22
Y6
KAREN GOH
MAYOR of the City of Bakersfield
APPR ED as to form:
VIR NIAG NNARO
CITY ATTORNEY
of the City of Bakersfield
EXHIBIT A
Chief of the Fire Department
Section (194) 12. The Chief of the Fire Department shall be appointed, without
examination, by the City Manager "sbaf "f-�
;mat, and after appointment shall be removed or reduced in rank only as provided for
other members of the classified service. The dismissal of the Chief of the Fire Department
from the office, by the City Manager, shall not accomplish his dismissal from the Department,
and upon such dismissal, he shall be restored to the rank and grade held by him prior to the
appointment as Chief of the Fire Department.
Appointment of Chief of Police
Section (229) 9. The Chief of Police shall be appointed by the City Manager from
r h, Ba __.f. + Police Depse,,.,nt--from a list of three eligible
candidates, which list shall be furnished to the City Manager by the Commissioners not later
than forty days after a vacancy in the office of the Chief of Police shall occur; after
appointment the Chief of Police shall be removed from office or reduced in rank only as
provided in this article. No indk id+al shall be eligible for the nosnion of Chief of Police until
he shill have had five Nears experience as a reeularly paid peace officer.
In case of the removal, demotion, resignation, or death of the Chief of Police, the City
Manager may, with the approval of the Commissioners, make a temporary appointment of
Chief of Police, said appointment to remain in force not exceeding sixty days, and only until a
regular appointment may be made under the provisions of this article.
In case of the temporary absence or disability of the Chief of Police, the City Manager
shall appoint an Assistant Chief of Police to become acting Chief of Police during the period
of such absence or disability. (Amended March 9, 1948)
Promotions: Qualifications for Promotion
Section (230) 10. The Commissioners shall provide for promotion in the Department
on the basis of ascertained meat ._6 - Shallbe filled ``gym . All
examination for promotion shall be competitive among soch nieiii4efs ol"" ^" , as
established by the Commissioners. s _^ The
Commissioners shall submit to the appointing power the names of not exceeding three
applicants having the highest rating for each promotion.
No member of the Police Department shall be eligible for promotion to any position
other than that of Chief of Police until he shall have had three years of experience as a regular
paid peace officer, one year of which must have been served in the Bakersfield Police
Department immediately preceding the date of his promotion. No me •sbef-of the Pe
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"ORIGINAL
Chief of the Fire Department
Section (194) 12. The Chief of the Fire Department shall be appointed, without
examination, by the City Manager and after appointment shall be removed or reduced in rank
only as provided for other members of the classified service. The dismissal of the Chief of the
Fire Department from the office, by the City Manager, shall not accomplish his dismissal from
the Department, and upon such dismissal, he shall be restored to the rank and grade held by
him prior to the appointment as Chief of the Fire Department.
Appointment of Chief of Police
Section (229) 9. The Chief of Police shall be appointed by the City Manager from a list
of three eligible candidates, which list shall be furnished to the City Manager by the
Commissioners not later than forty days after a vacancy in the office of the Chief of Police
shall occur; after appointment the Chief of Police shall be removed from office or reduced in
rank only as provided in this article. No individual shall be eligible for the position of Chief of
Police until he shall have had five years experience as a regularly paid peace officer.
In case of the removal, demotion, resignation, or death of the Chief of Police, the City
Manager may, with the approval of the Commissioners, make a temporary appointment of
Chief of Police, said appointment to remain in force not exceeding sixty days, and only until a
regular appointment may be made under the provisions of this article.
In case of the temporary absence or disability of the Chief of Police, the City Manager
shall appoint an Assistant Chief of Police to become acting Chief of Police during the period
of such absence or disability. (Amended March 9, 1948)
Promotions: Qualifications for Promotion
Section (230) 10. The Commissioners shall provide for promotion in the Department
on the basis of ascertained merit. All examination for promotion shall be competitive, as
established by the Commissioners. The Commissioners shall submit to the appointing power
the names of not exceeding three applicants having the highest rating for each promotion.
No member of the Police Department shall be eligible for promotion to any position
other than that of Chief of Police until he shall have had three years of experience as a regular
paid peace officer, one year of which must have been served in the Bakersfield Police
Department immediately preceding the date of his promotion.
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`ORIGINAL
ELECTION CALENDAR
GENERAL MUNICIPAL ELECTION
COUNCIL WARD NOS. 1, 3,4 & 7
MEASURE"
NOVEMBER 8, 2022
ELECTION CODE PROVISIONS DATES
1. City Council Meeting adopting Resolution calling election June 1, 2022
requesting Kern County to conduct. (E.C. §10402, §10403)
2. Notice to Voters of Date after which no arguments for or against
a city charter amendment may be submitted (Post day after June 2, 2022
election is called) E.C. §9295
3. Deadline to file Arguments and Impartial Analysis. 14 days after June 15, 2022
election is called.
4. Deadline to file Rebuttals.
June 27, 2022
5. Publication of Notice of Election (Publish one time. (G.0 July 4, 2022
.§6061, EC, §10242, §12101, §12102, §12109) Not earlier than to
127th day prior to election. Not later than 113th day prior to July 18, 2022
Plerfinn.
L 6. Last day of 10 day public examination of arguments, charter July 7, 2022
amendment and analysis.
7. First day to file Nomination Papers. Requires no less than 20
nor more than 30 signatures. (E.G. §10220, §10224, §10407- July 18, 2022
113" day prior to Election
8. Election materials for typesetting and printing to County August 8, 2022
Elections
9. Last day to submit Resolution to County Board of Supervisors
and County Clerk calling election and requesting consolidation August 12, 2022
(E.C. §10403) -. - -
10. Last day to file Nomination Papers and Candidate
Statements. Must be filed concurrently. (E.C. §10220, §10224, August 12, 2022
§10407, §13307— 88" day prior to Election)
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UORIGINAL�
11. Last day for candidates to withdraw his/her Nomination August 12, 2022
papers, excluding extended filing period. (EC. §10224)
12. Last day to withdraw Candidate's Statement. May not be August 15, 2022
altered or changed once filed. (E.C. §13307, §13311)
13. First day of extension period for Nomination Papers to be
filed. (Applicable only for Non -incumbent, when the incumbent August 15, 2022
does not file by the deadline (E.C. §10225, §10407)
14. Last day to file Nomination Papers and Candidate
Statements under the extension period provision. Must be filed August 17, 2022
concurrently (E.C. §10224, §10225 — 83rd day prior to Election)
15. Last day for candidates to withdraw his/her Nomination August 17, 2022
papers filed under the extension period provision (E. C. §10225)
16. Last day to withdraw Candidate's Statement filed under the11 August 18, 2022
extension period provision (E.G. §13307)
17. Randomized Alphabet Drawing by Secretary of State (E C. August 18, 2022
§13112, §13113 — 82n6daypnor to Election)
18. Last day for City Clerk to certify and file with Kern County the
List of Candidates (G. C. §6066, E.C. §10403 — 81" day prior to August 19, 2022
Election)
19. First day filing period for Write -In Candidates,( E.C.§8600- September 12, 2022
8604, §10103, §10220)
20. First Pre -Election Campaign Statement due to City Clerk (Filing September 29, 2022
Officer) "
21. Publication of List of Nominees as they shall appear on the October 25, 2022
ballot (Publish once a week, for two successive weeks, and no
later than the 7`" day prior to Election. G.C. §6066, E.C.§12110) November 1, 2022
22. Last day to Register to Vote for the November election. October 24, 2022
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23. Last day to file as a Write-in Candidate and file Nomination October 25, 2022
Petitions (E.C.§8600-8604, §10103, §10220)
24. Second Pre -Election Campaign Statement due to City Clerk' I October 27, 2022
25. ELECTION DAY
26. Kern County to Canvass Election Returns (EC. §10411,
§10262(b), §10263(b), §15372)
27. Swearing in Ceremony of newly elected Ccuncilmembers
November 8, 2022
November 8, 2022-
December 8, 2022
December 14, 2022
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