Aug 12 2018

Ballot Arguments For and Against Piedmont Charter Changes Due Friday, Aug. 17

Will any group or resident submit an opposing argument in the Piedmont Voter Information Pamphlet for all Piedmonters to read regarding the November 6, 2018 Election to change Piedmont’s City Charter

A controversial Charter change example would be requiring the Council to hire key employees, but prohibit the Council from firing  these same key employees. 

The City Council set a deadline of Friday, August 17, 2018 at 4:00 p.m. for the submission of direct arguments for and against the measures to be submitted to the City Clerk’s Office. Direct arguments are limited to 300 words and are confidential until the deadline.

The Council also set a deadline of Friday, August 24, 2018 at 4:00 p.m. for the submission of rebuttal arguments to the City Clerk’s Office. Rebuttal arguments are limited to 250 words and are confidential until the deadline.

Residents or groups interested in submitting arguments are encouraged to contact the City Clerk’s Office at (510) 420-3040 for more information.

“The City Council authorized Mayor McBain and Councilmember Rood to prepare and sign a direct argument in favor (and, if necessary, a rebuttal argument) of the proposed charter amendment measures on the November 6, 2018 General Municipal Election ballot.”

There is no charge to place a pro or con argument in the Voter Information Pamphlet. 

Deadline to file Arguments with the City Clerk In Favor/Against Measures on the November 6, 2018 General Election is:

Friday, August 17, 2018  by 4:00 p.m. with the City Clerk of Piedmont, 120 Vista Avenue. 

CONTACT CITY CLERK JOHN TULLOCH AT  

420-3040

The City Council has proposed numerous changes to Piedmont’s City Charter to be voted upon at the November 6, 2018 Election.  The City Charter is the primary legal document for Piedmont governance. 

Controversy has surrounded the Council’s City Charter revisions approach, by making themselves the exclusive body to consider the changes. Groups and individual residents asked the Council to broaden the input and to thoroughly consider the language and proposed revisions. This did not happen.  None of Piedmont’s commissions or committees were asked to provide their input.  Some individuals spoke to the Council regarding proposals at their meetings while leaving subjects unresolved and questions unanswered.

One example of controversy has been the Charter revision to require the Council to hire key employees, such as the Police Chief, Fire Chief, Finance Director, but the Council would be henceforth forbidden from firing these same employees who they have hired.  Only the City Administrator would be able to fire those same employees.  This revision represents a definite change in how for decades Piedmont has been governed.  The change is presented as a “clarification.”

Ballot language approved by Council states:

CHARTER AMENDMENT MEASURE ___ “Shall the measure amending the Charter of the City of Piedmont to clarify the duties and reporting structure for officers and employees of the City be adopted?

If approved by Piedmont voters on November 6, 2018, the proposed changes become law.

Second proposed Charter Amendment states:

CHARTER AMENDMENT MEASURE ___ “Shall the measure amending the Charter of the City of Piedmont to modify procedures for filling of vacancies in elected offices for City Council and Board of Education for the Piedmont Unified School District, modify term limits for the City Council, and making other clarifying amendments regarding City record keeping, format of City ordinances, public posting, City contract approval, operation of City Council meetings, and other minor technical amendments, be adopted?”

If an argument Against one or both of the two City Charter Ballot measures is filed, there will be an opportunity for rebuttals by opponents and supporters in the Voter Information Pamphlet.

Deadline to file Rebuttal Arguments In Favor/Against a Measure on the November 6, 2018 General Election August 24, 2018.

Filing information based on City Council action:

“SECTION 4. The last day for filing direct arguments for or against the measure shall be August 17, 2018 at 4:00 p.m. and all such arguments shall be filed with the Piedmont City Clerk, 120 Vista Avenue, Piedmont, California and shall not exceed 300 words in length. The City Clerk, upon receipt of arguments and after the filing deadline, shall immediately transmit copies to any known opposing parties who may then submit rebuttals within the time period described in Section 5 below. Arguments received prior to the deadline shall be confidential until the deadline.

SECTION 5. The last day for filing rebuttal arguments for or against the measure shall be August 24, 2018 at 4:00 p.m. and all such arguments shall be filed with the Piedmont City Clerk, 120 Vista Avenue, Piedmont, California and shall not exceed 250 words in length. Arguments received prior to the deadline are confidential until the deadline.

SECTION 6. Pursuant to Elections Code Section 9295, the ten (10) day public review period for direct arguments submitted shall open at 4:00 p.m. on August 17, 2018 and shall close at 4:00 p.m. on August 27, 2018. If a rebuttal argument is submitted, the ten (10) day public review period shall open at 4:00 p.m. on August 24, 2018 and shall close at 4:00 p.m. on September 3, 2018. 

Read the staff reports on Charter changes HERE.

For additional information on the schedule and requirements for arguments, contact:

John Tulloch, City Clerk at 420-3040

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