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Home My WebLink AboutRES NO 89-83~gSOLUTION NO. 89-83 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSEIELD CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF' SUBMITTING TO THE ELECTORS OF THE CITY AMENDMENTS TO THE CHARTER OF' THE CITY OE BAKERSFIELD AND CALL- ING A SPECIAL MUNICIPAL ELECTION FOR THE PURPObE OE ElLLING A VACANCY ON THE COUNCIL FOR THE REMAINDER OF' THE UNEXPIRED TERM IN WARD 1, AND PROVIDING FOR THE PARTIAL CON- SOLIDATION OE SAID SPECIAL MUNICIPAL ELECTIONS WITH EACH OTHER AND WITH THE GENERAL MUNICIPAL ELECTION AND THE ODD-YEAR GENERAL DISTRICT ELECTION, ALL %'0 BE HELD ON TUESDAY, NOVEMBER 8, 19'83. WHEREAS, by separate resolution of the Council, the General Municipal Election is called for November 8, 1983, to be consolidated with the Odd-Year General District Election and it is desired to consolidate said Municipal Election with the two herein- alter described Special Municipal Elections and the said District Election and to consolidate the Special Municipal Charter Amendment Election with the Special Municipal Council Vacancy Election for Ward 1, and WHEREAS, at the Special Municipal Charter Amendment Election hereby called, the Council of the City o[ Bakersfield proposes to submit various amendments to the City Charter in the manner set forth in Chapter 2, Division 2, Of Title 4 (commencing with Section 34450 o~ the Government Code of the State of Cali[ornia)~ and WHEREAS, at the Special Municipal Election to fill a vacancy on the City Council, the Council proposes to fill a vacancy for the remainder of the unexpired term ~c,r Ward 1, and WHEREAS, the Charter amen¢~ments so proposed to be submitted are as iollows: ( A. That. Section MEASURE "A" ) (202)20 of the Bakersfield City Charter be amended to read as follows: Section _Limitatio_n ~o~_E_m_p_l_oyment - Fire (202)20. An o~ficer and/or employee of the Fire Department may engage in outside. employment, business, profession, occupation, trade or calling, only if it is determined by the Fire Chief, pursuant to guidelines established in department rules and regulations, that such outside employment, business, profession, occupation, trade or calling will not interfere with the performance of his duty as an officer and/or employee of the Fire Department, will not be detrimental to the interests of the City and/or the Bakersfield Fire Department, and will create neither a conflict of interest, a potential conflict of interest, nor the appearance of a conflict of interest. Under no circumstance shall an officer and/or employee of the Fire Department be allowed to engage in more than 312 hours per calendar year quarter in outside employment, business, profession, trade or calling. All officers and/or employees of the Fire Department shall be available for duty at any time. B. Measure "A" shall appear on the ballot as follows: MEASURE "A" Shall Section (202)20 of the City Charter be amended to remove the prohibition against outside employment and to add provisions allow- YES ing employees of the Fire Department to engage in outside employment up to 312 hours per calendar year quarter under conditions approved NO by the Fire Chief? II. (MEASURE "B") A. That Section (239)19 of the Bakersfield City Charter be amended to read as follows: Limitation of Employment - Police Section (239)19. A peace officer employed by the Police Department may engage in outside employment~ business, profession, occupation, trade or call- ing, only if it is determined by the Chief of Police, pursuant to guidelines established in department rules and regulations, that such out- side employment, business, profession, occupation, trade or calling will not interfere with the performance of his duty as a police officer, will not be detrimental to the interests of the City and/or the Bakersfield Police Department, and will create neither a conflict of interest, a potential conflict of interest, nor the appearance of a conflict of interest. Under no circumstance shall a peace officer be allowed to engage in more than 20 hours per calendar week in outside employment, business, profession, occupation, trade or call ing. All peace officers shall be available for duty at any time. B. Measure "B" shall appear on the ballot as follows: Measure "B" Shall Section (239)19 of the City Charter be amended to remove the prohibition against outside employment and to add provisions allow- ing police officers to engage in outside employment up to 20 hours per week under conditions approved by the Chief of Police? YES NO NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That a Special Municipal Election is hereby called to be held in the City of Bakersfield on Tuesday, the 8th day of November, 1983, ior the purpose of submitting to the electors of hereinbefore specifieG amendments to the City said City the Charter. 2. the Charter That the above-stated measures "A" and "B" to amend of the City of Bakersfield are hereby submitted for placement on the ballot in proper iorm to be used at said election. 3. That a Special Municipal Election to fill the vacancy on the City Council for Ward 1 for the remainder of the unexpired term is hereby called to be held in the City of Bakersfield on Tuesday, the 8th day Of November, 1983, and shall De conducted in the manner and form provided in Section 16 of the City Charter and as provided for councilmember elections. 4. That the elections hereby called, to wit, the Special Municipal Election for the purpose of submitting to the electors of the City of Bakersfield the above-specified amendments to the City Charter and the Special Election for election of a councilmember for Ward 1 are hereby consolidated and are also hereby consolidated with the General Municipal Election of members 3 o ot the City Council from Wards 2, 5 and 6 in the and the odd-year General District Election, each held on Tuesday, November 8, 1983. 5. That. the County Clerk is requested elections and is requested to provide within the City of Bakersfield, scheduled to be to conduct the territory affected by this order of consolidation, the election precinct, pollin9 places and voting booths, which shall, in every case, be the same and there shall be only one set of election officers in each of the precincts ~or the Special Municipal Elections hereby called and the General Municipal Election and odc~-year General District EiectioD, all to be held on the same day, and that the offices in Wards l, 2~ 5 and 6 in the City o~ Bakers~ield, and the candidates therefor, be set ~orth in each bal].ot to be used at said General and Special Municipal Elections insofar as the same is held within said territory affected by said order of consolidation. 6. That the County Clerk is further requested to procure and furnish to the election o~ficers the necessary printed ballots and send to each voter affected by the elections a voter's pamphlet, together with the sample ballot and polling place notice and pro- vide for absent voter's applications and absentee voting for such elections. 7. The County Clerk is hereby further authorized an~ requested to canvass the returns o~ said Special Municipal Elections and said General Municipal Election with respect to the votes cast in the City and to the votes cast for the offices of Councilmember in Wards 1, 2, 5 and 6 of the City of Bakersfield in said territory affected by the consolidation herein and to certify such canvass o~ the votes so cast to this Council. 8. The City Clerk is hereby authorized and directed to certify to the adoption of this resolution and to transmit a copy thereof to the County Clerk o~ Kern County and to the Board o~ Supervisors of the County ot Kern. 9. That the polls shall be open in all precincts in the City ~rom 7:00 a.m. to 8:00 p.m. 10. That the City Clerk shall give all notices and perform all advertising as required by law and/or cause to be performed all the duties and functions required. .......... OO0 ........... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City ot Bakersfield at a regular meeting thereof held on the 6th day ot July, 1983, by the tollowing vote: CITY CLERK/and r~x Officio Clerk of the Council of the City ot Bakersfield APPRO~zCthis 6th day of July, 1983 MAYOR ~/t e City' of Bakersfield APPROVED as to form: CItY ATTO~Y of the/City of Bakersfield RJO/CL/bl 5. 6/29/83, 6/30/83