About Measure D
IMPARTIAL ANALYSIS
Adoption of Ordinance Amending Term Limits for Members of County Board of Supervisors and County Board of Education
Prepared by San Joaquin County Counsel
On June 2, 1998, a term limits initiative (designated as “Measure A” on the ballot) limiting members of the San Joaquin County Board of Supervisors and the San Joaquin County Board of Education to two (2) terms of office was approved by a majority of registered voters in San Joaquin County. Measure A did not address whether the two (2) term limit was a lifetime restriction. Although the two (2) term limit imposed by Measure A is currently the law in San Joaquin County, it has never been formally codified in the San Joaquin County Ordinance Code.
California Elections Code Section 9125 states that an initiative proposed and approved by the voters, such as Measure A, may only be repealed or amended by a vote of the people. On July 24, 2012, pursuant to Elections Code Section 9140, the San Joaquin County Board of Supervisors passed and adopted Resolution R-12-279, which authorized submission of an ordinance to the voters of San Joaquin County regarding amendments to the term limits adopted in 1998.
If approved by a majority of the voters, Measure D will amend Measure A to limit a member of the County Board of Supervisors and the County Board of Education to three (3) terms of office, rather than two (2). Measure D would also clarify that the three (3) term limit is a lifetime restriction. Finally, Measure D would cause these term limits provisions to be formally codified in the San Joaquin County Ordinance Code in the following form:
An Ordinance Amending Measure A and Adding Chapter 5 of Division 1 of Title 2 of the Ordinance Code of San Joaquin County Pertaining to Term Limits
The People of the County of San Joaquin ordain as follows:
Section 1. Chapter 5 of Division 1 of Title 2 of the Ordinance Code of San Joaquin County is hereby added to read as follows:
2-1060 TERM LIMITS.
Members of the Board of Supervisors and Board of Education shall be limited to three (3) terms of office during their lifetime.
Section 2. Severability. The provisions of this ordinance are severable. If any provision of this ordinance is held invalid, that invalidity shall not affect other provisions that can be given effect without the invalid provision.
Section 3. Conflicting Initiatives. In the event that this ordinance and another measure or initiative limiting or changing the number of terms a person may serve in office on the Board of Supervisors or Board of Education shall appear on the same election ballot, the provision of the other measure or initiative shall be deemed in conflict with this ordinance, and in the event this ordinance receives a greater number of affirmative votes, the provisions of this ordinance shall prevail in its entirety, and the other measure or initiative shall be void.
DAVID WOOTEN
San Joaquin County Counsel
By: Jason R. Morrish
Deputy County Counsel