MUNICIPAL CORPORATIONS - CALIFORNIA

Starr v. Chaparro

Court of Appeal, Second District, Division 6, California - January 18, 2022 - Cal.Rptr.3d - 2022 WL 152088 - 22 Cal. Daily Op. Serv. 853 - 2022 Daily Journal D.A.R. 656

Initiative proponent requested writ of mandate to compel the city to place initiative on the ballot, which would amend city ordinance to extend mayor’s term to four years and to establish a combined two-term limit for mayor and council member.

The Superior Court denied petition. Proponent appealed.

On rehearing, the Court of Appeal held that city was required by the Election Code to place proponent’s initiative on the ballot.

City was required by the Election Code to place on the ballot proponent’s initiative, which would amend city ordinance to extend the mayor’s term to four years and to establish a combined two-term limit for mayor and council member, rather than adopt the initiative as an ordinance without alteration, where ordinance amended by the initiative had been adopted by the voters after the city, acting pursuant to its authority under the Government Code to submit questions to electors, had placed the ordinance on the ballot, and the majority of voters then voted to have an elected mayor with a two-year term of office.



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