[CC 1961 §2.02; Ord.
No. 1050; Ord.
No. 2948 §1, 5-2-1988; Ord. No. 3334 §1, 6-5-1995; Ord.
No. 3429 §2.02, 11-17-1997; Ord. No. 3437 §1, 6-1-1998; Ord.
No. 3445 §1, 11-2-1998; Ord. No. 3470 §§1 —
4, 9-4-1999]
A. All
general and special elections in this City shall be governed by the
rules and regulations provided in the Charter, by ordinance and by
State law.
B. Any
candidate for public office in the City of Berkeley shall at the time
of filing his/her statement of candidacy, file with the City Clerk
such requirements as requested by the City Clerk in order to establish
his/her qualifications as required by the Charter, by ordinance and
by State law.
C. No
person may be a candidate for election to public office in this City,
who at the time that he/she files his/her statement of candidacy,
shall be delinquent in any tax, fee, fine, penalty, charge or any
other financial obligation or liability of any kind or nature to the
City.
D. No
candidate who is duly elected to public office shall be administered
the oath of office nor be allowed to serve as an elective official,
who on the day of election shall be delinquent in any tax, fee, fine,
penalty, charge or any other financial obligation or liability of
any kind or nature to the City.
E. The
City Clerk shall not receive nor accept any statement of candidacy
nor cause to be printed on the ballot the name of any person not meeting
the qualifications for candidacy, election to or holding office set
forth by ordinance and City Charter.
F. The
election authority shall not accept any statement of intent to be
a write-in candidate unless said statement is accompanied by a certification
of the City Clerk that said candidate is qualified and eligible for
election to office. The election authority shall not print the name
on the ballot, accept any statement of intent to be a write-in candidate
nor count, tally nor include in any certification of official election
results the name of any person not meeting the qualifications for
candidacy, election to or holding office set forth by ordinance and
City Charter.
G. Election
returns shall be tallied, counted, canvassed and certified only for
those candidates qualified and eligible for election to and to take
and hold office; and only those candidates qualified and eligible
for election to and to take and hold office, receiving the highest
number of votes for each office, shall be issued a certificate of
election by the City Clerk and allowed to take and hold office by
the City Council.
H. Upon
the declaration of a vacancy in the City Council either by judgment
of the City Council or of a court as a direct and proximate result
of an ineligible candidate receiving votes in a questioned regular
or special election, a special election shall be held at the earliest
possible date to fill the vacancy between those candidates who were
qualified to be a candidate for, to have their names printed or written-in
on the ballot, to be elected to and to take and hold office at said
questioned regular or special election.
1. Only the names of those candidates, who were qualified to be a candidate
for, elected to and to take and hold office at said questioned regular
or special election, that had been printed on the ballot at the questioned
regular or special election, shall be printed on the ballot to fill
the vacancy at said Council or court ordered special election. The
City Clerk shall not require a filing fee nor statement of candidacy
to be refiled by said qualified candidates whose names had been printed
on the ballot at said questioned regular or special election; but
shall recertify only the names of those qualified candidates that
had been previously certified to the Board of Election Commissioners
at said questioned regular or special election to be printed on the
ballot at said court or Council ordered special election.
2. Only the names of those write-in candidates who were qualified to
be a candidate for, elected to and to take and hold office at said
questioned regular or special election that had filed a statement
to be a write-in candidate in said questioned regular or special election
may be written-in on the ballot at said Council or court ordered special
election. The Board of Election Commissioners shall not accept a statement
to be a write-in candidate nor shall it count nor include in the official
results of said court or Council ordered special election any votes
for any person not meeting the qualifications to be a candidate for,
to be elected to and to take and hold office under the Charter, Code
and ordinances and who had not filed a statement to be a write-in
candidate in said questioned regular or special election and who has
not received a written statement of eligibility to be a candidate
for, to be elected to and to take and hold office from the City Clerk
as to his eligibility to be a write-in candidate at said special election
under the Charter, Code and ordinances of the City.
3. Any unqualified candidate who shall have been ineligible to be a
candidate for, elected to, or to take and hold office at said questioned
regular or special election, who, by his candidacy at said questioned
election, shall cause the results or outcome of the questioned regular
or special election to be voided, as a direct and proximate result
of said ineligible candidate receiving votes in said questioned regular
or special election, shall be liable to the City for the cost of any
special election required to fill a vacancy ordered by a court or
the Council due to said ineligible candidate having received votes
at said regular or special election.
[Ord. No. 3429 §2.03, 11-17-1997; Ord. No. 3437 §1, 6-1-1998]
A. A Councilman
shall, during his term, pay, when due, all taxes, fees, fines, penalties,
charges or other financial obligations or liabilities of any kind
or nature due to the City.
B. If
a Councilman shall fail to pay, when due, any tax, fee, fine, penalty,
charge or other financial obligation or liability of any kind or nature
due to the City, the City Council, the City Manager, the Chief Financial
Officer of the City or their designee, shall demand, in writing, that
he pay same by not later than fourteen (14) days from date of demand.
C. Except
for good cause shown, if said Councilman shall fail to pay said delinquent
tax, fee, fine, penalty, charge or other financial obligation or liability
of any kind or nature not later than fourteen (14) days from the date
of demand, he shall forthwith forfeit his office.
D. If
the last date for doing an act provided for herein falls on a Saturday,
Sunday or holiday or a day on which the offices of the City are closed
for business, then said act may be performed on the next succeeding
regular business day on which the City offices are open for business
following the date on which said act was due to be performed.
E. Whether
such violation has occurred shall be determined solely by the members
of the Council and their decision shall be final.
[Ord. No. 3429 §2.04, 11-17-1997; Ord. No. 3437 §1, 6-1-1998]
A. If any member of the Council shall knowingly and intentionally violate Section
105.020 of this Article, any member of the Council, the City Manager, the City Attorney or the Chief Financial Officer of the City, upon information and belief, may file a petition in the nature of quo warranto with the Council, which shall put the question, as to whether or not said Council member shall be cited to show cause why he shall not be held to have forfeited his office, before the Council in regular or special session.
B. The Presiding Officer, upon a majority vote of the members of the Council present at the session of the Council, the accused being disqualified from voting on the question, shall issue an order to show cause signed by the Presiding Officer and directed to the Council member, summoning such Council member alleged to be guilty of violation of Section
105.020, to appear before the Council at a date and time set by the Council thereafter to answer the charge.
C. Such
Council member shall appear in person at the time and date set by
the Council to answer the charge.
D. The
Council shall serve the order to show cause, along with any bill of
particulars or accompanying papers in support of said charge, presented
to the Council by the charging party, not less than ten (10) days
prior to the date set for hearing on the charge.
E. The
order to show cause shall be served upon the Council member:
2. By leaving same with a resident of the accused's home over the age
of fourteen (14), or
3. By posting same on the door of the accused's last known address and
by first class certified mail, or
4. By including notice thereof in the agenda of any regular Council
meeting and posting thereof on the wall at the City Hall in the usual
course of business.
F. If
the Council person is present in the meeting at which the charge is
presented or at which the order to show cause shall be issued, then
the Council person shall be served such order to show cause at the
time said order to show cause is issued. However, if the Council person
refuses to accept service of process at said meeting, it shall be
noted in the minutes and the Council person shall be deemed to have
been constructively served and notified of the charge; and the order
to show cause and accompanying papers shall be left in his mail box
in the Council chambers or the office of the City Clerk.
G. The
accused shall have the right to counsel.
H. On hearing of the matter, the Council, if it shall adjudge, by a majority vote of the entire Council, the Council member to be guilty of violation of Section
105.020, shall punish him by declaration of forfeiture and ouster from office.
I. Payment
of the tax, fee, fine, penalty, charge or other financial obligation
or liability of any kind or nature later than fourteen (14) days from
date of demand, shall not mitigate, release nor set aside the forfeiture
of office.
J. The
decision of the City Council shall be final.