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HomeMy WebLinkAbout05/30/1991 B A K.E R S F I E L D Patricia DeMond, Chair 'Lyn~ Edwards Patricia Smith Staff: Legislative: Trudy ~hornton Litigation: Larry Lunardini AGENDA LEGISLATIVE AND LITIGATION ' Thursday, May 30, 1991 12:00 noon City Manager's Conference Room 1. SB 198 - Cal OSHA Enforcement 2. Vice Mayor Referral - Charter Issues 3. Legislative Platform 4. Legislative Update CITY COUNCIL REFERRA'L MEETING OF' 05/22/91 REFERRED TO' LEGISLATIVE & LITIGATION COMMITTEE LUNARDINI & "~ORNTO~ N ITEM: RECORD~ 8189 SB 198 - Ca] OSHA E~fcrcemen%. (Brunn~) ACTION TAKEN BY COUNCIL: . BRUNNI INOUIRED AS TO H,~W CITY W'ILL ADDRESS FINANCIAL IMPACTS OF THIS LAW. BAC~.UP MATERTAL ATTACHED' NO DATE FORWARDED BY CITY CLERK' 05../23/91 STATUS' PLEASE ENTER THE STATUS INTO THE '~RZHE COHPUTER COUNCIL REFERRAL TRAC~':ZNG SYSTEH AS PROGRESS iS MADE. CITY OF BAKERSFIELD INJURY PREVENTION PROGRAM Prepared by Office of Risk Management Table of Contents ~. General ~olicy Statement ii. Objective of injury Prevention Program !II. Injury Prev,ention Program A. Support B. Responsibilities 1) City !~anager 2) Risk !~anager 3,) Department Heads 4) Supervisors 5) Employees ~) Safety Committee I. GENERAL POLICY STATEMENT The City of Bakersfield, through its management, is com- mitted to the safety and health of all employees and recog- nizes the need to compl.y with reg. ulations governing injury and accident prevention, and employee safety. II. OBJECTIVE OF INJURY PREVENTION PROGRAM- The primary objective of the Injury Prevention Program is to insure compliance with California Occupational Safety and Health Act (CAL-OSHA), Section 3203, which requires each .employer to: A. Establish and maintain an effective Injury Prevention Program. B. P.rovide a safe and healthy working environment for all employees. C. Reduce the financial and human losses resulting from accidents and illnesses arising out of or occuring in the course of employment. D. Establish safety policies, committees, training, etc., which will contribute to and be a part of the Injury Prevention Program. E. Establish on-going injury prevention programs for all departments. - 3 - !II. INJURY PREVENTION PROGRAM A. Support Ail employees are expected to comply with the Injury Prevention Program. The Program reflects the City's concern for safety and its commitment to the ~policies outlined in the program. B. Responsibilities !. The City Manager will be responsible 'for over- seeing the Injury Pr'evention Program. He shall designate the Risk Manager to direct the Injury Prevention Program administration. 2. The Risk Manager shall be responsible for: a. Administering the Injury Prevention Program to determine compliance. b.o Coordinating the workers' compensation claims function. c. Maintaining records as prescribed by legislation. d. Providing information regarding accident-injury experience and related costs to the Safety Com- mitee and various Department Heads. e. Training supervisors to effectively communicate safety instructions to employees. f. Advising Department Heads and departmental safety coordinators on safety clothing, equipment, and policies. g. Assisting with periodic safety and health in- s.pections. h. Performing follow-up investigations of accidents and injuries as required. i. Serving on the Safety and Claims Committee. j. Performing all duties necessary to insure compliance with applicable safety and health regulations. - 4 L= 3. The Department Heads are responsible for the effective im'plementation and maintenance of the City's Injury Prevention Program as follows: a. Establish and maintain a system of job safety analysis, safety inspections, accident invest- igation, and pertinent safety performance records. b. Provide safety orientation, adequate job training, and continuing safety instruction for all dep.art- mental employees. c. Ass.i~st the Risk Manager in the ongoing safety training for supervisors. d. Oversee compliance with CAL-OSHA regulations with regard to specific performance, e.g., departmental safety meeting. 4. Supervisors. are the key to a successful Injury Prevention Program. The supervisor shall: a. Recognize the potential or real hazards of each job.~supervised. b. Continously observe and evaluate work con- ditions and procedures to detect and correct unsafe conditions and practices. c. Emphasize to employees the benefit of observ- ing safety procedures and of using the pre- scribed protective equipment. d. Enforce all safety rules, procedures, and policies. e. Discipline employees who do not comply with safety rules, procedures, and policies. f. Provide employee orientation and trainin§ in divisional safety sessions, minutes of which should be maintained in the department's files. g. Promptly investigate injuries and accidents. h. Encourage employees to report unsafe conditions and to submit practical suggestions for correction. i. Insure that tools, equipment and protective devices are properly maintained and utilized. j. Perform all duties whi.ch will enhance the success of the Injury Prevention' Pro~ram. - 5 - 5. All emplo~e.es are required to develop and demonstrate safe work ha6'its' They shall: a. Prom~ptly report to their supervisor all accidents and injuries occurring within the course of. their employment. b. Promptly report to their supervisor all unsafe conditions that they observe. c. Attend and participate in Divisional safety meetings. d. Use prescribed protective clothing where required. e. Learn and observe the safety rules, procedures, and policies. 6. The Safety Committee is responsible to oversee the safety policies and practices. The committe shall: a. Act at the direction of the Risk Manager. b. Meet monthly to perform the following functions: 1.' Analyze effectiveness of the Injury Prevention Program and develop policy recommendations to meet current needs. 2. Review safety problems and recommend practical solutions to the problems. 3. Receive Risk M~anagement reports and review actions of the divisional safety coordinators. 4. Review liability and workers' compensation reports. DH/SM/sf i:DALE3D MEMORANDUM May 30, 1991 TO: LEGISLATIVE AND LITIGATION COMMITTEE FROM: CAROL WILLIAMS, CITY CLERK ~~~ SUBJECT: CITY COUNCIL ELECTION DATES VICE MAYOR REFERRAL - Currently, City Councilmembers are elected on the first Tuesday after the first Monday in November odd-year for four (4) year terms. Mayor Medders is recommending a change of election dates to coincide with the State-wide General Election to be held the first Tuesday after the first Monday of November in each even-numbered year. Based on City Charter Section 67, changing Council election dates does not require a Charter Amendment. The Council may change election dates by Ordinance. CITY CHARTER: SECTION 67 - DATE OF GENERAL MUNICIPAL ELECTION A general municipal election for the election of members of the Council, and for such other purposes as the Council may prescribe, shall be held in the City of Bakersfield on the first Tuesday after the first Monday in November of each odd-numbered year, except as otherwise provided by ordinance of the Council. The person having the highest number of votes given for each office shall be elected. The elected members of the Council shall hold office until their successors are elected or appointed and qualified. (Amended November 8, 1988: amended June 8, 1982: amended June 8, 1976). By changing the Council election date to coincide with the State-wide General Election held in November of each even numbered year, the City of Bakersfield would be able to share the costs with each participating entity that conducts an election encompassing any area of the City of Bakersfield. Federal and State Offices, and Local County Offices City of Bakersfield - Mayor (Runoff) Legislative and Litigation Committee May 30, 1991 Page Two Kern County Board of Education Kern Community College District Norris School District Kern High School District Bakersfield City School District Panama - Buena Vista Union School District Rosedale Union School District In March 1991, the Kern High School District changed their election date from November odd-year to November even-year. Therefore, the City will not have that agency to share in the election costs. The City should be prepared to pay full costs, and if another entity should decide to place something on the ballot, the City will incur some savings. There are many variables that affect the cost of elections. The number of registered voters, the number of ballots and the amount of printing. When the City is the only entity conducting an election, the City pays for all costs such as: election officers payroll, polling place rental, absentee ballot process and delivery and pick up of precinct supplies. When other entities share the election, these costs are prorated to each entity. The following reflects previous Election expenses from the County of Kern and does not include miscellaneous expenses the City Clerk incurs related to elections. November 1990 - City Wide Measure ................. $14,000 ($.16 per voter - 84,663 voters) Cost shared with Kern County November 1989 - Four (4) Council Wards ............ $42,000 ($.93 per voter) Costs shared with Bakersfield City School, Kern High School, Fairfax School, Greenfield, Lamont, East Niles Community Services, Norris School and Rio Bravo Greely School districts. November 1988 - Mayor Runoff & Seven (7) Charter Amendments ........................................ $73,000 ($.88 per voter - 82,877 voters) 1 Full Ballot Card for 7 Charter Amendments. June 1988 - Mayor & One (1) Charter Amendment ..... $70,000 ($.92 per voter) Verification of Signatures for Charter Amendment..$11,000 November 1987 - Three (3) Council Wards ........... $47,200 ($1.48 per voter) Legislative and Litigation Committee May 30, 1991 Page Three (The City Clerk expenses include publication legal notices, translation .fees, printing costs for miscellaneous forms.) The following reflects Election activity for the next six years if the Council chooses to change their election dates. NOVEMBER 1991 - WARDS 2, 5, 6 - Four Year Term - Expires 1995 NOTE: (TERMS WOULD NEED TO BE EXTENDED ONE (1) YEAR TO NOV. 1996.) JUNE 1992 - MAYOR PRIMARY (NO CHANGE) NOVEMBER 1992 - MAYOR (RUNOFF) (NO CHANGE) NOVEMBER 1993 - WARDS 1, 3, 4, & 7 - Four Year Term NOTE: (TERMS WOULD NEED TO BE EXTENDED ONE (1) YEAR TO NOV. 1994) JUNE 1996 - MAYOR PRIMARY (NO CHANGE) NOVEMBER 1996 - WARD 2, 5, & 6 (Mayor Runoff if necessary) There are several considerations. The Government Code Section 36503.5 provides for changing election dates and extending Council's terms of office. If the Committee chooses to do this, a more detailed discussion with the City Attorney's Office regarding the timing of the ordinance would be appropriate. ELEC.3 ~YOR Donald M. Hart 1969 - 1981 12 years WARD NO. 1 Fred S. Boden 1931 - 1941 10 years Gus Vercammen 1941 - 1949 8 years Henry H. Collins 1953 - 1961' 8 years Samuel Del Rucker 1962 - 1973 11 years Vernon D. Strong 1973 -'1983 10 years WARD NO. 2 Kathryn Balfanz 1957 - 1967 10 years Walter F. Heisey 1967 - 1975 8 years J. M. "Chris" Christensen 1975 - 1987 12 years WARD NO. 3 Howard W. Carlock 1923 - 1933. 10 years Manuel J. Carnakis 1943 - 1961 18 years WARD NO. 4 H. J. Sollers 1933 - 1943 10 years Jake Vanderlei 1943 - 1961 10 years T. Keith Bleecker 1969 - 1977 8 years. Donald K. Ratty 1977 - 1989 12 years WARD NO. 5 F. S. Benson 1925 - 1933 8 years Dr. Richard A. Stiern 1959 - 1971 12 years Clarence E. Medders 1971 - 1979 8 years WARD NO. 6 Elmer Martin 1925 - 1933 8 years Alfred Siemon 1941 - 1951 10 years Don Doolin 1955 - 1967 12 years ~ARD NO. 7 ~ Harry G. Smith 1933 - 1945 12 years Ken Croes 1953 - 1963 ,, 10 years Robert N. "BOb'' Whittemore 1963 - 1973 10 years James J. Barton 1974 - 1985 11 years MEMORANDUM April 3, 1991 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: J. DALE HAWLEY, CITY MANAGER ~ SUBJECT: CITY LEGISLATIVE PLATFORM Some of the members of the City Council have expressed an interest in establishing a City Legislative Platform which would identify the City's legislative priorities. The idea behind the platform is threefold: (1) to promote a unified legislative direction for the Mayor and Council and the City as a whole; (2) to concentrate resources on issues of greatest importance; and (3) to provide guidance to staff for quick responses on important issues. A legislative platform, commonly updated each year, is designed to illustrate current legislative concerns within an overall legislative policy. Attached is a draft 1991 City legislative policy. After the City draft, you will find a copy of the County's 1991 Legislative Platform. I would appreciate your reviewing the attached City draft, with a focus on both the feasibility of establishing a Legislative Platform and the draft document itself. Please add any areas of concern you feel are important as well as make whatever changes/deletions you feel are needed. I look forward to your comments on this proposal. Please return your comments by April 12, 1991. JDH:jp Attachments DRAFT 4/3/91 City of Bakersfield 1991 Legislative Platform The City of Bakersfield provides governmental decision making at the level closest to the people. It, therefore, is incumbent upon its elected officials to provide legislative leadership within the City's borders as well as when dealing with other legislative entities. The following policy statements reflect the legislative platform of the City of Bakersfield for 1991. GENERAL POLICY STATEMENTS Support legislation which enhances the City's ability to finance and economically, efficiently, and effectively provide local discretionary and state or federally mandated programs. Support legislation which provides for governmental decision making at the level closest to the people whenever it is most likely to produce the most effective and efficient result. Support legislation which enhances local land use decision-making authority. QUALITY OF LIFE Support legislation which promotes safe, efficient, cost effective, and responsible management of the environmental components of issues such as air quality, transportation, wastewater treatment, and solid waste management. Support legislation which increases city participation in state and federal issues of regional concern. Support legislation which enhances the quality of life for California's citizens. Support legislation which provides continued funding of recreational and open space programs of support. GENERAL GOVERNMENT Support legislation which expands the City's ability to deal on a state level with state-mandated issues affecting the financial condition of the city. Support legislation which enhances local control over program scope, implementation, and funding. DRAFT 4/3/91 City of Bakersfield 1991 Legislative Platform Page -2- Support legislation which provides for equitable distribution of state funds for local programs. Oppose legislation which intrudes into the local collective bargaining process. FINANCES Support legislation advocating responsible and reasonable methods for the costs of implementation of state-mandated programs if alternative independent sources of revenue are provided and such legislation is of clear benefit to the city. Oppose the collection of fees at the local level to fund state programs. Support legislation which reduces the negative and financial and operational impacts of tax increment financing on affected agencies. Support legislation which improves local government's ability to finance discretionary programs. OTHER ITEMS OF CONCERN (Please add any items you feel are important to the City as a whole.) Support legislation Support legislation Support legislation Support legislation DRAFT 4/3/91 City of Bakersfield 1991 Legislative Platform Page -3- Support legislation Support legislation Support legislation Support legislation Support legislation Oppose legislation Oppose legislation Oppose legislation KEtLN COUNTY 19~1 LEGISLATIVE PI_~TFORM GENERAL POLICY STATEMENTS Suo.oort legislation which provides for governmental decision mnkin~_ at the level closest to the peoOte whenever it is most likely to prociuce the most effective ann efficient result. SuO.m)rt legislation which enhances the CountYs .qbilitv to finance and economically, efficiently, ann effectiyeiy provide local discretionary, anO ~tate or Federntlv manaated pro~ms. Su.~ort legislation which enhances the quaiity of life for California's citizens. ~upport ama encourage ieg~iarion aumor~v_ing inter- anti mm-a-regional pianmng when it ~ of clear benefit ro me County's cirizen.w. 5upporr mrna encourage ;,egisiarion rrarmferrmg State and Federal programs to me local levei ff ~-uaranteea. mde~enden£ revenue sources are provided anti the transfer is of clear bench: ro me Counrvs clmZenry.. Oppose' ie-mSiarion which erodes iocai lanci use deci~ion-makimg aur. honrv. F,'.NMqCES ,SENE1L~I. Support legnsiarion whick ~roves loc~ gove~rs ab~ to ~ce ~e~o~ pro~. !uppon ie~on w~ reduces ~e ne~ve ~~ ~d ope~uo~ ~pacm of :~ m~em~r ~g on ~ecrea ag~m~. ~pose ~e co~ec~on of fees at ~e loc~ level to ~d State pro~. STATE .MANDATED AND STATE INTEREST PROGRAMS Support legislation requiring the State to provide full cost r~mhu~emenr to counUes for all mandated programs, and/or the elimination of mandates for.progrnm-s which are not fully funded by the State. Support tegislavion which permira the most cost-effle2enr manageme~ of state- mandated progra=~. ~Cupporr iegi~iarion which ~roV~des for a more eqtutable d/.stnbution of categoncai GOVERNMENT J EN E K.~.I- ~u.=port !eg'-Sia:ion '.vaici~ e?-~ances iocai con,roi over prograra Support ier-Siarion ieacimg ~o me simoiifi, caUon of reguiarions and the reciucUon iara _~ame:,..n~, reponm_~ re~uxremencs. £uppor: ie~r-Siarion which e.~ands r. he CounrVs abili~ to contract with Orivate en:::aes for me proViSion of ~ovemraent services. LLBOR ' £upport ie~isiaCton mo~ym.' g r~n.~ Fair_Labor _Srandarcis_Ac[.(F_LSA)_to _perZmt acijustai~ie worx scheciuies co mee,. ate neetis, of management and labor. Oppose iegisiation which intrucies into the iocal collective bargaining process and :..~:te,,'/eres vath r. he Court .ry's abiii:y to manage its pemonnei resources. ENVIRONMENTAL MANAGEMENT Support legislation which imvroves the Coun.~s ability, to a~ter laws anti :eguianons concerning soiid waste, hazardous waste, and air quahty. Support legislation.which promotes the sa/e, efiicient,"-and cost-effective management of enVtronmenrai mat~ers. QUALITY OF LIFE Suppor: legislation which imoroves access to quaJitT, affordable child care. - Support legislation which improves access to quality, affordable medical care. Financial swa£egies to provide r. his care should provide revenue sources which will relieve counties of the burden of _un_comp~ated and undercomPemated heakh care COSts_. MEMORANDUM May 24, 1991 TO: LEGISLATIVE AND LITIGATION COMMITTEE MEMBERS CouncilmemDer Patricia J. DeMond, Chair; Councilmember Lynn Edwards; ana Councilmember Patricia Smit. h FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST~,~ SUBJECT: AGENDA INFORMATION FOR MAY 30 MEETING The attached materials will be reviewed during the meeting of the Legislative and Litigation Committee at noon on May 30. There are two referrals which need to be addressed. One is a referral from the Vice Mayor regarding possible charter changes and the other is to finish up on the Legislative Platform if so desired. I have included the Vice Mayor's Referral on charter changes. In the 1988 NovemDer election, several Charter changes were ratified regarding dovetailing the City's election procedures with those of the state. At one point the Charter Review Committee recommended to Council that the nomination and election of the Mayor and Councilmembers be concurrent with the State Primary and State general elections, respectively. The Personnel Committee made different recommendations to Council in Report No. 12-88 and, consequently, the Charter Review Committee's proposals for those sections were not put on the ballot. The City Clerk is gathering information on elections for the Legislative and Litigation Committee's review w~ich will be available for the meeting on the 30th. The City Attorney has mentioned there are two schools of thought regardin§ whether the City Attorney should be under civil service. One is that an attorney's clients must have ,confidence in his ability; if the clients do not, then they should have the ability to replace him. The other school of thought is that under civil service, an attorney could feel more free to give aavice. Regarding terms of office limitation, I have included copies of Proposition 140, the statewide initiative which was passed by the voters for state legislative offices as well as an "analysis" of the pros and cons of the issue on the state level. The Proposed Legislative Platform that Dale forwarded to the Mayor and Council for review received no written or verbal comments except for the City Attorney's. The Committee needs to consider whether or not the City wishes to advocate having such a platform. LEGISLATIVE AND LITIGATION COMMITTEE MEMBERS AGENDA INFORMATION FOR MAY 30 MEETING May 24, 1991 Page -2- If you have any questions on any of the issues or if I can answer any questions before the meeting, please let me know. TT:jp Enclosures cc: Dale Hawley, City Manager Larry Lunardini, City Attorney Carol Williams, City Clerk MEMORANDUM : May 15, 1991 TO: LEGISLATIVE AND LITIGATION CCI~ITTEE FRC:tVI: VICE MAYOR KEN PETERSON.~b,,r~ ..' SUBJECT: VICE MAYOR REFERRAL I would like to refer the attached items from Mayor Clarence Medders, to the Legislative and Litigation Committee. Because of the nature of these items and the fact that a decision needs to be made by the middle of June in order to get them on the ballot, I would like to urge the Co.m, ittee to act as soon as possible on them. The Mayor would like to be invited to that Committee meeting to discuss the advantages of the three points that he is recommending. KP/ndw CNCL. 7 6 Attachment J. Date Hawley, City Manager Lawrence Lunardini, City Attorney CLARENCE E. MEDDERS MAYOR May 14, 1991 Vice Mayor Ken Peterson 6501 Bridgeport Lane Bakersfield, CA 93304 Dear Ken: I 'understand that it is your role as Vice Mayor to assign items to Council Committees for study and recommendation. I have three items that I would Like to suggest for charter change. 1. That Council elections be changed to even sears.. The rationale for this is tha~ the Councilmanic elections are now the only elections that are held on odd years, and the City has to bear the entire burden of the expense for these elections. It would be much less expensive if it were put on the even year ballot with the numerous other items. Additionally, there is a much better voter turnout because federal, state, .county, school districts,.etc., are on the ballot. It would necessitate each incumbent having One five-year term to initially ge~ on this track if it is passed in November of 1991. 2. That the CitS AttorneS position be changed back under Civil Service. The reason for this is that the City Attorney ought to be free to give the best legal advice and recommendations possible to the Council regardless of whether it pleases the councilmembers. This job is intended to protect the best interests of the people.of.our city. 3. I feel that the Council should have a two-term limit for serving and that the Mayor should have either: one four-vear'term, one six-sear term, or an aDs'lute maximum two four-sear term l%mit. If a person nas not effectively implemented their campaign promises in two terms, it is unlikely additional terms will produce better results. Additionally, changes on a regular basis would bring fresh ideas and talents into the political process. NobodS is indispensable. P.S. I firmly believe that one four-year term for the Mayor, with an Administrative Assistant (not Aide) would be ideal. This would allow for an all-out effort on the part of the City without political concern. .. 1501 Truxtun Avenue ° Bakersfield. California 93301 · (805) 326-3770 Ken Pe~erson May 14, 1991 Page 2 The deadline for ballot~items for November, 1991 is June 19, 1991. Sincerely, Clarence E. Medders Mayor 14 0 Limits on Terms of Office, Legislators' Retirement, Legislative Operating Costs. Initiative Constitutional Amendment Official Title and Summary: LIMITS ON TERMS 'OF OFFICE. LEGISLATORS' RETIREMENT, LEGISLATIVE OPERATING COSTS. INITIATIVE CONSTITUTIONAL AMENDMENT · Persons elected or appointed after November 5, 1990, holding offices of Governor, Lieutenant Governor, Attorney General, Controller, Secretary o£ State, Treasurer, Superintendent of Public Instruction, Board of Equalization members, and State Senators, limited to two terms; members of the Assembly limited to three terms. · Requires legislators elected or serving after .November i, 1990, to participate in federal Social Security program; precludes accrual of other pension and retirement benefits resulting from legislative service, except vested fights. · Limits expenditures of LegislatUre 'for compensation and operating costs and equipment, to specified amount. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: · The limitation on terms will have no fiscal effect. ' · The restrictions on the legislative retirement benefits would reduce state costs by approximately $750,000 a year. · To the extent that future legislators do not parti.cipate in the federal Social Security system, there would be unknown future savings to the state. · Legislative expenditures in 1991-911 would be reduced by about 38 percent, or $70 million. · In subsequent years, the measure would limit growth in these expenditures to the changes in the state's appropriations limit. e,S GgO G Analysis by the Legislative Analyst Background RestrictiOns on Legislative t~etirement Benefits There are 132 elected state officials in 'California. This · This measure prohibits current and future legislators includes i20 legislators and 12 other state officials, from earning state retirement benefits from their including the Governor, Lieutenant Governor, and service in the Legislature on or after November 7, .Attorney General. Currently, there is no limit on the 1990. This restriction would not eliminate retirement benefits earned prior to that time. number of terms that these officials can serve· ProPosition 111!, passed bv the voters in June 1990, · This measure requires a legislator serving in the · Legislature on or after November 7, 1990 to requires the annual salaries and benefits (excluding participate in the federal Social Security system. retirementl of these state officials to be set by a (However, federal law may permit only current commission. Most of these officials participate in the legislators who are presently participating in the federal Social Security system, and all have the option of federal Social Security system to continue to participating in the Legislators. Retirement System. The participate in the system. It may also prohibit furore vast majoriW of the. 132 elected state officials participate legislators from participating in the federal Society in this retirement system. The system is supported by SeeuriW system.) contributions from participating officials and the state. ·. This measure does not change the Social Security Funding for the Legislature and its employees is coverage or the state retirement benefits of other included in the annual state budget. Before it becomes state 'elected officials such as the Governor', law, the budget must be. approved by a two-thirds vote of Lieutenant Governor, and Attorney General. the membership of both houses of the Legislature and Limits on Ex~enditur~ [nj the Legislature must be si~ned by the Governor. ~ · This measure limits the total amount of expenditures - by the .Legislature for salaries and operating Proposal expenses, beginning in the 1991-92 fiscal year. This initiative makes three major changes to the · In 1.991-92, these expenditures are limited to the California Constitution. First, it limits the number of lower of two amounts: (1) a total of $950,000 per terms that an elected state official can serve in the same Member or (2) 80 percent of the total amount of office. (the new office of Insurance Commissioner is not -money expended in the previous year for these affected by this measure). Second, it prohibits legislators purposes. In future years, the measure limits from earning state retirement benefits from their future expenditure growth t'o .an amount equal to the service in the Legislature. Third, it limits the total .percentage change in the state's appropriations amount of expenditures by the Legislature for salaries ' limit. and operating expenses. Fiscal Effect The specific provisions of this measure are: Limits on the Tern~ of Elected Stat~ Officials. This Limits on the Terms of Elected State Officials provision would not have any Fiscal effect. · The following state elected officials would be limited Restricti°n~ on Legislati~ t~tirem~nt Ben~Cits. The to no more than two four-year terms in the same Provision which prohibits current and future Members of office: Governor, Lieutenant Governor, Attorney the Legislature .from earning state retirement benefits General. Controller, Secretary of State, from legislative service on and after November 7; 1990 Superintendent of Public Instruction, Treasurer, would reduce state costs by:about $750,000 a year. members of the Board of Equalization,' and State To the extent.that future le~-~!a~rn's do not participate Senators. in the federal Social Security system, the measure would · Memi~ers of the State Assembly would be limited to result in unknown future savings to the state; ' no more than three two-year terms in the same Limits on Expenditure# b~l the Legi#lature. In office.. 1991-90., expenditures by the Legislature would be · These tirmts apply to a state official who is elected on reduced by about 38 percent, or $'/0. million. In or after November 6,. 1990. However, State Senators subsequent years, this measure would limit growth in whose offices are not on .the November 1990 ballot these expenditures to the change in the state's may serve only one additional term. appropriations limit. For text of Proposition 140 see page 13/ 140 °n Terms of O/flee, Legislators' Retirement, Legislative Operating Costs. Initiative Constitutional Amendment:.. Argument in Favor of Proposition 140 Proposition 140 will for the first time ever place a limit on the We all remember the saying, "Power corrupts and absolute number of terms a state official may serve/n office, power corrupts absolutely. Y But limit the terms of Legislative A Yes Vote on Proposition 140 will reform a political system members, remove the Speaker's cron/es, and we will also put an that has created a leg/slature o£ career politicians/n Cal//orma. end to the Sacramento web of spec/al favors and patronage. It is a system that has given a tiny elite (only 120 people out of Proposition 140 will end the reign of'the Legislature's 30 m/Ilion) almost lirmtless power over the lives of Cali/orn/a's powerful officers--the Assembly Speaker {first elected a taxpayers and consumers, quarter of a century ago) and the Senate Leader (now into his Proposition 140, will limit State Senators to two terms (8 third decade Lq the Legislature). Lobbyists aqd power brokers years); will limit Assembly members to three terms 16 years); pay homage to these legislative dictators, for they control the ~nd limit the GoVernor and.other elected constitutional officers faie of bills, parcel out money to the camp £~llowers and to two terms (8 years), hangers-on, and pull strings behind the scenes to decide By reducing the amount they can .s. pend. on,theirj)ers~o~n,,aJ elect/on outcomes. office expenses, Proposition 140, will cut I~acg on me o,vtn~ Incumbent legislators seldom lose. In the 1988 election, 100% olitical stalkers who serve the legislature in Sacramento. In the of incumbent state senators and 96% of incumbent members o£ rst year alone, accordLqg to the legislative analyst, it will save the assembly were re-elected. The British House of taxpayers $60 million. Lords--even the Soviet Legislature--has a higher turnover Proposition 140, w/Il end extravagant pensions for legislators~ rate. Enough is Enough! It's t/me to put an end to. a syst .e~n that While most Cali/omians have to depend on Social Secunty ana makes incumbents a special class of citizen and pays ttiem a their own sav/ngs, the leg/slative pension system often pays guaranteed annual wage from first election to the grave. Let's more than the legislator received ~'hile in office. In fact 50 restore that form of government envisioned by our Founding former offic/als receive $2,000.0Oper month or more from the Fathers--a government of citizens representing their fellow Legislative.retirement fund. ~ citizens. Limitms~ Terms, will create more competitive elections, so VOTE YES ON PHOPOSITION 140 TO LIMIT .STATE good legislators will always have the opportunity to move up OFFICIALS TEtfM OF OFFICEt the ladder. Term limita{ion will end the ingrown, political nature of both houses--to the benefit of every man, woman and PETER F. SCHABARUM child Lq Calfl:orma. · Chairman, Lo~ Ang#le~ Count!t Board of Supervi~w~ Proposition 140, will remove the grip that vested interests LEWIS IC UHI.~-R have over the legislature and. remove the huge political slush funds at the disposal of Senate and Assembly leaders. Pre, de.t, Natiom~l Tax-Limi~tion Committee Proposition 140 will put an end to the life-time legislators, J.G. FORD, JR. who have developed cozy relationships with special interests. Pre, de.t. Matin United Tax~er~ A~'iatian Rebuttal to Argument in Favor of Proposition 140 Proposition 140 is a proposal by a downtown Los Angeles Los Angeles" in government for SEVEN TERMS-OVER oliticianto take away your right to choose your legislator, s...He, TWENTY YEAHS. as a history of taking away voting rights. He and two political Practice what you preach, "Mr. Downtown Los Angeles," cronies voted to spend $'500.000.00 in tax dollars to hire a Peter Schabarum. Cut your own budget and limit your own personal lawyer to defend him against Voting Rights Act terms. Don't be piggy and take away people's rights after you violations in Federal Court. Newspapers call it an "outrageous have fully eaten at the table. back room deal." There is no need for 140. The vast majority of the Legislature His "Big Bucks".friends, including high-priced lobbyists, have already serves less than 10 years. lined his pockets with campaign contributions to help control That's your choice. ' who you can vote for. Keep it. · IF 140 PASSES. LOBBYISTS COULD SUBSTITUTE THEIR OWN PAID EMPLOYEES FOR THE Stop Downtown Los Angeles' power grab. INDEPENDENT STAFF RESEARCHERS OF THE Vote no on 140! LEGISLATURE ELIMINATED BY THIS MEASURE. ED FOGLIA · 140 MISI.FADS YOU ABOUT THE SO-CALLED "HIGH" Pre~d~ California Teach,r, A~'ia~m COST OF THE LEGISLATURE--THE COST IS LESS DAN TERRY THAN ~ PENNY PER TAX DOLLAR. · THE BIGGEST LIE IS THE FACT THEY DON'F TELL Preside& California Profe~ional Firefight~r~ YOU THAT 140 IS A LIFETIME BAN. LINDA M. TANGREN This is a blatant power grab by Los Angeles contributors and Stat~ Chair, California National Wom~n '~ Political Caucu~ lobbyists who have been wining and dining. "Mr. Downtown Limits on Terms of Office, Legislators' Retirement, Legislative Operating Costs. Initiative Constitutional Amendment 140' Argument Against Proposition 140 Proposition 140 claims to mandate term limits. But in fact, it No eligible citizen should be permanentl!t banned for life ~e limits our votin~ rights, from seeking any office in a free society. And we should not '.e This measure-takeS away the cherished constitutional right to permanentl~l banned from voting freely for the candidate o :n freely cast a ballot for candidates of our choice, our choice. W~ are asked to forfeit our right to decide who our individual Resist the rhetoric. Proposition 140 is not about restrictim ~'s representatives will be. the powers of incumbency. It's about taking away our powers, a PROPOSITION 140'S LIFETIME BAN to choose. .rs 140 does not limit consecutive terms of office. Instead 140 PHONY PENSION REFORM ~e says: Proposition 140's retirement provisions also are misdirectec .Id '~ After serving six years in the Assemblv, individuals will be and counterproductive. te constitutionally.banned for life from' ever serving in the 140 does not eliminate the real abuses: double and t~Tiple Assemblv. dipping--the practice of taking multiple pensions. % · After sebring eight years in the Senate, individuals will be Instead it raises new barriers to public office by banning om of constitutionally banned for iife from ever serving in the future representatives from earning anF retirement exeep~ o f Senate. er · Similar lifetime bans will be imposed on the their current social security. .at Superintendent of Public Instruction and other statewide 140's retirement ban won't hurt rich candidates. It will hur~ qualified, ordinary citizens who are not rich and have to work offices. a .~'s There are no exeeptions~not for merit, not for statewide hard to provide economic security for themselves and theil ag emergencies, not for the overwhelming will of the people, families. ~w Once banned, always banned. PROPOSITION 140 GOF_~ TOO FAB PROPOSITION 140 IS UNFAIR It upsets our system of constitutional checks and balances. 'E It treats evervone--good and bad, competent and forcing our representatives to become even more dependent · on entrenched bureaucrats and shrewd lobbyists. incompetent--the same. If its proponents were sincere about political' reform, they No matter how good a job someone does in office, they will ' wouldn't have cluttered it with so many unworkable provisions. be banned for life. No matter what cause thev mav be fighting for or how badly VOTE NO ON PROPOSI'ffON 140 we, the people. ~vant to reeieet them, they will be banned for STOP THIS RADICAL AND DANGEROUS SCHEME! life. PROTECT OUR CONSITIIJ~ONAL RIGHTS. VOTE NO ON You won't even be able to write-in their names on your' PROPOSITION 140'S LIFETIME BAN. ballot. If you.do, your vote won't count. That's just not }'air. DR. HE(IF, NE L MITCH~.I. -- 'LIMITS OUR RIGHT TO CHOOSE Pread~t, Co~m~r Fed~m~io~ of calii~'aia ' The backers of 140 don't trust us, the people, to choose our LUCY BLAKE elected officials. So instead of promoting thoughtful reforms ErwutiwDireetor, California La~efC. onsarvation ~R that help us weed out bad legislators, they impose a lifetime ban that eliminates good legislators and bad ones alike at the DAN :... expense of our constitutional rights. Predict, California ~ Firefigktar~ GU Rebuttal to Argument Against Proposition 140 re Proposition 140 restores true democracy, gives you real Do career legislators re~ll~t earn theft' guaranteed salaries, choices of candidates, protects ~our rights to be represented by extravagant pensions, limonsine$, air travel and other luxury someone who knows, and cares about your wishes. It opens up benefits? No. They use pour money and yo~r government to the political system so evergone--not just ~he entrenched buy themselves power and guaranteed reeleetion~ career politicians--can participate. Who really opposes Proposition 140P It isn't ordinary people Proposition 140 will bring new ideas, workable policies and who have to work for a living. It's ineumb~mt legillators and fresh cleansing air to Sacramento. All are needed 'badly. A their camp followers. Beware of movie starl and celebrities in stench of greed, and vote-selling hangs over Sacramento million-dollar TV ach, attacking proportion 140. They're doing because lifetime-in-office incumbents think it's their the dirty work for career politiciam. government, not yours. VOTE "YESI, ON. PROPOSITION I40. ENOUGH, IS Californians polled bv the state's largest newspaper say "most politicians are for safe," and "taking bribes is a relatively ENOUGH! · u~ common .practice" among lawmakers. Proposition 140 cuts the W. BRUCE t.k'ar~ H ties between corrupting special interest money and long-term E,r, amt~ legislators. -- Why don't more people vote? Because i.ncu.mbents have ~ LEE k. rigged the system in their favor so much, elections are Chairraa~Allia~ofCaltfor~a meaningless. Even the worst of legislators get reelected 98% of ART PAGDAN, M.D. the time. Honest, ethical, trul~ representative people who want Nattmml to run for office don't stand a chance. 90 Gg0 Arguments pnnted on this page are the opintom of the anthor~ and have n°t been checked for seeume,/Ip/my ~ egesmy. 71 .. 2717.~ la) No contra~t sholl be executed u~th a joint &~nture emplo~er that Section 6. Section146'/2.16isaddedtotheGovernmontCedetoresd: "~ will initiaM empiotflnont by inmates in the mme lob ¢~u~fwation as non:inmate 14672.16. la) Notwith#tandin~ Section 14670. tbs Dir~tor of General emptoFeel of the mme emploF~r who are on stTik& as da)Cined in Sectfon J1326 of Service, t with the conMnt o]C the l~gpamnent o)C Correc, dona or the l)epartrlwnt of the Labor Cod~ as it readz on/anuary L 199~ or who are subject to loci~ouL as the Youth AuthoritF roof let in the ben int~;~; of the,state any real (lef~ned in Section 113£.$ of' the Labor Code as tt reads on ]anuar~ 1, 1990. located within the grounds of a facflity of' the OelxmYaent of Corrections or the '~ bJ l'otat datlu /,ou/s worked bF iutnates empto~ted in the same job ~.lamt~cation as n~n-inmate emptoFees of the sams ]Pint venture emptoTer.who Detntrtment of the }buth Authontg to a public or private tnti~ for a t~tod not are dn strike, as defined in Section 1132.6 of the Labor Cods. as it reaas on to exceed '20 Fears/or the ~urlx~e of COnducting progmnu for the em~to~ment and training of prisont~ or wards in institutions under the jurisdiction of the ]anua~ l. 1990. or ~ho are subIi;ct to lockou& as de~ined in section, l l.32~$ of the. Deportment of Correctiont or the Depamnent of the Youth Authorit!l. Labor Cod~ as tt reads on January 1. 1990. shah not excea~ for the auration o,! the strike, the at'erase dailu hours ~,rked 'for the on, ceding six mont~ or if tl~e lb) The lease ma~ prooids for the rsne~nng of the lsass for additional program has been tn o~eraiton ]or tess than.slx montha the average!bt the period succexslve lO-Tear terms, but thass additional terms shall not exceed .three tn ,¢'o~eratton. . tmmber. A ny lease of state Prol~'g entered into twrenant to this section matt be ~ c t The determmation that a condition deecnbed in varagra~h l b ) above shaH at less than market oalue when the Directar ofGenml SerowaS dett~nmes it wtil be matffe bF the Director aster nottt~catton bF tl~e union re?)resenttng the a~rkers .~'etve a statewide l~ublic purtx~ on strike or subject to tocicout, l'h'e hmitatton on work/tours shatl take e~fect 48 Section 7. Section 17053.§ is added to the Revenue and Taxation Code to /~ours at~er rectnm bo the Director ot'wntten nottce of the condition bF the union, read: 2717.7. .Vot,.tthstanding Seciion £81£ of the ?e,ai Code or anT otner 17053.6.. There shatl be allou~ed as a credit against the "net tax" (as definea prot'tsion ot' [aw -'hich restricts the saie ot' inmate-prortded ser['ices or by Sectton17039I an amount equat to lO l~c~t of the arnount of waaet ~aul to. i~tmate, man'ut'actured goods, services per/brined and articles manut~ctured bF each prisoner who is em~toFeb in a )ointYenture gn~gram e~tablished pursuant to joint renture 'programs mau be .~otd to the puoiic ' A rticle 1.5 of Chapter 5 of Title I of Part 3 of the Penal Cod~ through agreembnt 2717.8. The compensation of prisoners engaged itt programs pursuant to ~cith the Director of Corn~ons` contract between the De~artmen} of Corrections and joint venture emptoqers tbr Section 8. Section '23624 is added to the Revenue and Taxation Code to read: the purtx~e pt'conducting progronis which use inmate labor shall be compare-hie 23624. There shall be allowed as a credit against the "tax" {as defined bF to ,,'ages paut bq the Spins venture empioFer to non-inmate empt'oqees per/brming Section 23036) an amount equal to 10 pen~nt of the amount of wages poui to eacit similar t~vrk for that emptouer, if the joint censure em~ioFer apes not emploF prisoner who is emptoFed in a joint venture ~yogram ~tablistu~i ~ursuant to ~'uch non-inmate emptouees ih similar work. compensation shall be comparable to .4 rticle 1.5 of Cha~ter 5 of Title I of Pan 3 of the Penal Coda thn~gh agree*nent ,,'ages uatd for -'ork of'a .similar nature tn the locatitF iu which the work is to be g'ith the Director of Corrections. perTormed.' Such u'aaes shall be subject to deductions, as determined b7 the Section 9. If any provision of this measure or the application thereof to any Director of Correcnons` -'hich shall not. in the aggregate, exceed 80 percent o]' person or circumstances is held invalid or unconstitutional, that invalidity shall gross ,,'ages and shah be limited to the following: not effect other provisions or appiicatiuns of the measure which can be g~ven ~1~ Federet. state, and local ta~xes, effect without the invatid provision or application, and to this end the provisions ,21 t~easonaote charges Ior room and board, te'hich shah be remitted to the of this measure ate severable. Directoroj'Correcttons. Section 10. The statutory provisions contained in this meamm may not be t31 Any lawful restitution line or contributions to attu fund established by · amended by the Legislature except to further its p~ by statute passed in law to com~ensate the victims of cnme of not more than '~O percent but not lsss each house by roil call.vote entered in the journal two thirds of the membership than 5 percent, of gross wages, which shall be remitted to the Director of concurring, or by a statute that becomes effective only whea aplnoved by the Correctious !br didbursement, electors. Proposition 140: Text of Proposed Law This initiative measure is submitted to the people in accordance with the SEC. 4. Section 4.5 is added to Article IV of the California Coastitution. to provisions of Art/cie Il. Section 8 of the Comtitution. read: This initiative measure expressly amends the Constitution by amending and SEC-. 4.5. ,Votwithstanding any other ~roeition of this Coastitution or adding sections thereof: therefore, new provisions proposed to be inserted or existing law. a person elsctad to or seroing in tbs Legit~ture on or after added are pnnted in italic type to indicate that they are new. .Vovember 1. 199~ shall participote in the Fedml Soci~ Securi~ (Betiremen~ ' Disability, Hsatth. Insurance) Program and tbs Stats shall ~ay ont~ the PROPOSED LAW t'ml~loqer's share of the contribution noce~ to such ~rtiei~atton. No other SECTION 1. This measure shall be known and mav be cited as "The Potitical ~enst°n°rretirementben~/itshallaccru~asanmdt°)CstreiceintheLegislatum Reform Act of 19~0." · such sennce not being.intended at a camer occu~atto~ 17tit Section shall not be SEC. 2. Section 1.5 is added to Article IV of the California Comtitution. to c°nstruedtoabrog-ateordiminishan~ve~dl~ui°norredremeatb~as~f~twhich read: may have accrued under an existiag law to a mm~n ~ or haMng held off, ce SEC. 1.~ The veopte fi'nd and declare that the Founding Fathers established in the Legislatur~ but upon adoption of this Act no ~_ fft~r entithnmmt to nor - testing in any erasing ~gvam studl accrue to an~ ~ lnmo~ oth~ than Social a sFstem of representati've gorernment ba~ed u~on free. fair. and competitive SecuntF to the extent her~n ~nn~_'__~__ elections. The i~tcreased concentration of'political powerin thehandsof SEC. 5. Section ?.§ is added to Axticie lVofthe C. alifotaiaConstitution, to incumOent revresentatives has made our electoral system tess free. less read: compentice, and less re~resentatire. SE~ 7.& In the ~ Fear immedit~lF fol.lmeh~ the ~ of this Ac~ The abitit{t of lesislators to ser~'e unlimited number of terma to establish their the total age,gate expmditur~ of the i.~itlamr~ for t .t~ eo~. ~tion Of own retirement susten~ and to ~au~ jbr staJf and su!~ort sennce,~ at state expen~e membere and emploFem of,.and th~ aptmdnfl ~ and ~tlmlnMat for, the contribute hea[tiu to the extremet7 high number of incumbents who are Legislature maF not exceed an amount etl~l to nine hundnl~l ~ifhj ttioasand reelected. These u~f'air incumbent advantagss discourags qualifi~, candidaty dollare ( $t~OgO) ~r mml~ lcor that timd from seekina pubtic office and create a cla~ ot'ca~ ~oliticiana ,nm~d of t~e mon~ ~ for tho~ pmpo~ in ~. lmm~'~ jFtmai ..~, citizsn representatives envisioned b7 the Founding lathers. Thess career For each f'ucal Fear t. ht~tor, the totat agg~t$1~to ~ ,.m~j not tmwt politicians become ret~resentattves pt'the bureaucracg ~ather than of the people an amount eqnal ta tttat ~ for tho~ lmrtm~, m the .P~.m '.~. ..fla~al. Fm.r. whom theF are elected to re~resent. ' · adjusted and compounded inj an amoent etmal to t~ ~jml~ttal~s~ m the a~mm~natious limit for the mia atablietM ~ to An~ SEC. $. Sectiun 9-ofAttichi¥oftheCalifomiaComtibWeailamonded to To restore a free and democratic s[tstem Of fair etection~ qnd. tq encq. uraqe qualified candidates to seek t~ublic ojf.ice~ the ~eo~te find and declare trust tl~e powers of incumbencF must be timiiint. Retirement benefits must be .r~..tr~..ted, ' read: stats.financed incumbent staff and support senncex limited and hmtlatton~ SEC. ~. The Governor shall be elected ennl~ ~ yeas at tbe laUle time pL_nced__ upon tha number of tertns which may be tervea~ . ._ and places as me~be~ of the A~embly and beki ettice :----- tbe Mm~lay after SEC. 3. Section2ofArtiele IV of the Califorma Comt/tution ts amenae~l to Januaryl foilowingtbeetectionunffiamccm~e~quali~a~t. TheG°~ma°~'k~llbe read: an electer who im bern · ci~ of ibc United Sta~ m~l a maidmt ~ ti~ State SEC. 2. (al The Senate has a membership of 40 Senate~ elected for 4-yeas for 5 yeats immediateb/pmcediag the Govemm"l eteatim~. Tag Governor may terms, '20 to be~n every '2 years. No Senator may serce more than 2 terma not hold other public off~e. Ho Goe~nar mm/a~ ~ t/am ,o The A.ssembfv has a membership of 80 members elected for '2-yeat terms. No SEC. 7. Section Il of A~ V of tbe C, aJi~ ~ il ,nu,~4,M to nmnber of the AssernblF rnae ~en,t rnore than S tenTLt ..... rea~ SEC. 11. TheLMutonantGovemag, Attum~GonmaJ, Cuntmlkg,~ Their terms shall commence on the first Monday m December next touounng of State, and Treasm~T shall be eleetnd at tM sam~ ~ and l]Jl~s ami for the their election. I bt Election of members of the Assembly shall be on the first Tuesday after same term as the Governor. No Lis#tttM~Jt C, og)~mo~, Attam~ the first Mondav in November of even-numbered years unless otherwise Cvntroller, StL. tmmjofStataorl're~surorrMtltsrMmttMmo#twforrnare preSent,hi by the Legislature. Senators shall be elected at the same tune and than 2 tortna pJaL'm as members of the Assembly. ' SEC. 8..Se~ion ~ of Article IX of tM ~ C~mWtutll~ is Immded to (c) ~ person ~ ineligible to be a memMr of the .Leg~sJa. tur~. unless the pe ,rs? read: is an erector and has been a res]dent of the legislative aismct for one year. an(] a SEC:. 2. A Superintendent of Public lnst~.. _shall_be e_~ by .the citizen of tbe United States and a readent of C'. alifortua for 3 years, immediately qualiMd eleewn of tM,~ate at eal~ _~_ .ek~_ l~e ~ ~,~ll~a...t?d~. t~ of Publi~ InstmL, ta~-k-~i eageg ulxa tM _'b'~'M M' tM MIk:e~ precedim~ the demon. (d) When · vacancy occurs in the Legislature the Governor immediately shall after tM first day of ~.anum? neag ~ ~ . ~Fs~semaim~J W No call an ~ to fill the vacant. Supmntsndmta/Pul)~lW sss1wMw~dlm~Mnan . GgO , unmodified retirement allowance or its actuarial equivalent to any person who on SEC.~9. Section 17 of Afdele Xlll of the California ConstitutiOn is amended to or after January. 1, 1987, entered for the first time any state ~/t'ice for which read: SEC. IT. The Bonrd of Equalization consists of $ %;oting members: the membership in the Legislators* lletirement System was elective or to any Controller and 4 members elected for ,i-year terms at gubernatorial elections. The beneficiary, or survivor of such a person, which exceeds the hi~her of I 11 the t state shall be divided into four Board of Eq-nii-*tion districts with the voten of salary, reC~vable by the person currently serving in the office in which the retired I II' each district electing one member. No member ~a9 ~erte more than .~ terms, person served or iii the highest salary that was received bv the retired person i SEC. 10. Section ? is added to Article XX of the Caliirornia Constitution, to while sennng in that office. ' ' ide~- read: (b) The Judges' Retirement System shall not pay any unmodified retirement eve $£C Z 7'i~ limitatio~u on the number o. f terms pre~'ribed by Sec~ion £ of allowanceoritsacmarialeqinvalenttoanypersonwhoonora/terJanuaty, l, 1987. Article/E S~ior~£aad H afAr~cle V, S~on ~o. fArl~lelX, and Section, 17~r entered for the first time anv judicial office subject to the Judges' Retirement lett A rti~ie X/I1 a~i[ only to ~ to wt~ich aer~on~ are clef'ad or a~o~nt.~l on or System or to an}' beneficia~ or survivor of such a person, which exceeds the que a£terNo~r~ber&i!~r~evtthatanincumbe~tSena~orwhaseof78ce~inoto, hi~her o{ ( 1 ) the salary receivable by the person currently serving in the judicial tTw ballot.fOr the central election on that date may s~ve on/9 one additiona/ office in which the retired person' served or (l) the t{ighest salary that was , ans~ term. Tiose limitaiUnu ~hatl not a~t~ to ~n,~ un~m.~l, terr~, ~o ,~h,~h ? ~i received by the retired person while ser~nng in that judicial office. ¥. is elected or at,Orated if the remamaer of tae term is les, tttan nat! o~ the.tua I c } The Legislature mav define the terms used in this section. term. (d) If any part of t~is measure or the application to any person or i corr. circumstance is hem inoatid, the incalidit!t shall not affect other proomon, or i wi I i SEC. 11. Section 11 tdl ii added to Article VII of the California Constitution. applicanons which reatonably can be gtoen ejcfect u~tKOut the ~noalid provmon to read: SEC. 11. Ia) The Leaislators' Retirement System shall not pay any orapplicatton. : con i surx ! ! £ 138 GOO GOO PROPOSITION 140 "Schabarum Initiative" August 28, 1990 Analysts: Steve Trout, Senator Bill Leonard. Title: Terms of Office. Legislators Retirement. Legislative Operating Costs. Initiative Constitutional Amendment, "Political Reform Act of 1990" Source: L.A. County Supervisor Peter F. Schabarum, J.G. Ford Jr., Lewis K. Uhler. Status: Qualified - November 6, 1990 General Election ballot. Abstract:. Proposition 140 imposes a maximum two-term limit, on all Senators and executive constitutional officers, as well as a three'term, limit on members of the Assembly. It will eliminate legislative pension plans, and place a limit, on legislative expenditures. .. According to a Legislative Counsel opinion, the elimination of legislative pensions is effective November 7, 1990. Ali legislators elected pdor to November 1, 1990, will be entitled to receive benefits accrued pdor to November 7 based upon the salary they are recieving at the time of retirement from the Legislature. Existing vested dghts are not effected. BeginningoN°vembersciai 7, however, the only retirement plan provided for legislators will be Security; The provisions regarding legislative budget reductions have been interpreted by Senate Rules Chief Executive Officer Cliff Berg as taking effect at the beginning of the first fiscal year following the November 6, General Election, thus July 1, 1991. Berg estimates Proposition· 140 will require the Senate to cut between 44 and 51 percent of its current expenditures, which will be largely absorbed by Senate staff. Proponents: This initiative will clean up the Legislature by limiting the length of time legislators can serve. It will sweep the Capitol clean of corruption, and self-serving arrogance and return state government to a collection of citizen legislators instead of professional, career politicians. By eliminating special pension privileges and limiting legislative expenditures, the state will save an estimated $60 million annually. Supporters: Senator Don Rogers Campaign to Emit California Terms, A Special Project of the National Tax Limitation Committee, Treasurer-Lewis Uhler ($147,539); Coalition to Umit Terms of Office - Operation New Broom, Treasurer - Oswald Lake ($12;907) Californians for a Citizen Government, Treasurer - Robert Weiss · California COmmittee to Limit Terms, Treasurer-Ted Costa ($47,740) Drawbacks: Expenditure limits will drastically reduce the amount of legislative Support staff. This measure will also reduce the incentives to become a legislator since the state pension will be eliminated, and the maximum length of service will 'be eight years. When these factors are combined, concerns will be raised over having a government run by individuals with little or no public policy experience. However, the public's real concem should focus on the significantly increased role senior legislative staff will play in post-Schabarum state govemment. On the theoretical side, term limits are anti-democratic since they infdnge on the First Amendment right of free speech, not to mention they are an indictment of the public's ability to judge their representatives.