COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

DATE:

June 30, 2010

BOARD MEETING DATE:

July 13, 2010

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Michael P. Murphy, County Counsel

SUBJECT:

Ordinances Proposing Amendments to the San Mateo County Charter

RECOMMENDATION:

Adopt the following ordinances, as recommended by the 2010 Charter Review Committee:

1. An ordinance proposing an amendment to Section 202 (Election) of the San Mateo County Charter and ordering the amendment to be submitted to the qualified electors at the November 2, 2010 election.

2. An ordinance proposing amendments to Section 203 (Vacancies) of the San Mateo County Charter and ordering the amendments to be submitted to the qualified electors at the November 2, 2010 election.

3. An ordinance proposing amendments to Section 415 (Vacancies) of the San Mateo County Charter and ordering the amendments to be submitted to the qualified electors at the November 2, 2010 election.

4. An ordinance proposing amendments to Sections 403 (Controller) and 409 (Treasurer-Tax Collector) of the San Mateo County Charter and ordering the amendments to be submitted to the qualified electors at the November 2, 2010 election.

5. An ordinance proposing amendments to Section 414 (Boards and Commissions) of the San Mateo County Charter and ordering the amendments to be submitted to the qualified electors at the November 2, 2010 election.

BACKGROUND:

On June 29, 2010, the 2010 Charter Review Committee submitted its recommendations for amendments to the San Mateo County Charter, for consideration by the Board. At the conclusion of the report, the Board directed this office to prepare individual ordinances addressing each of the recommendations, to serve as a framework for Board discussion and consideration, so that the Board would be in position to introduce one or more of the ordinances, in the form presented, or as modified by the Board, at the July 13 regular meeting of the Board. Any such ordinances that are introduced would then come back to the Board for final adoption at the Board’s regularly scheduled meeting of July 27.

DISCUSSION:

Presented for consideration by your Board, to be placed on the November 2, 2010 election ballot, are the following ordinances:

1.

An ordinance adopting a Charter amendment to change the system of electing members of the Board of Supervisors from an at large to a district system.

2.

An ordinance adopting a Charter amendment to change the manner of filling a vacancy on the Board of Supervisors to provide that:

Ÿ

Any vacancy occurring in the first 2 years, 9 ½ months of a term must be filled by election.

Ÿ

Any vacancy occurring in the last 1 year, 2 ½ months of a term can be filled by election, appointment, or left vacant.

Ÿ

A resignation must be in writing and becomes irrevocable upon receipt, allowing the process of filling the vacancy to commence even if a future effective date of resignation is specified.

Ÿ

A vacancy filled in the first two years of a term will count as a full term for term limit purposes.

Ÿ

The vacancy may be filled through an “all-mailed ballot” special election, at the option of the Board of Supervisors.

3.

1. An ordinance adopting a Charter amendment to add to the existing section of the Charter which addresses the filling of vacancies in other County elected offices, language to provide that:

Ÿ

• A resignation must be in writing and becomes irrevocable upon receipt, allowing the process of filling the vacancy to commence even if a future effective date of resignation is specified.

Ÿ

• The vacancy may be filled through an “all-mailed ballot” special election, at the option of the Board of Supervisors.

4.

An ordinance adopting a Charter amendment that designates the offices of Treasurer-Tax Collector and Auditor-Controller, which are currently designated as elected, as appointed offices. These offices would be appointed by, and would report to, the County Manager. The offices shall not be combined. The change would be effective the end of the term which expires in January 2015.

5.

An ordinance adopting a Charter amendment to require the Board, at intervals of no more than 8 years, to review existing boards and commissions to determine which boards and commissions should be continued and which should be eliminated.

Proposed versions of the recommended ordinances are attached as Attachments A through E to this report, respectively.

FISCAL IMPACT:

The estimated cost of placing a single measure on the November 2, 2010, election ballot is $250,000, with the per-measure amount decreasing with each additional ballot measure.