INITIATIVE MEASURE TO BE SUBMITTED
DIRECTLY TO THE VOTERS
The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure:
AN INITIATIVE ESTABLISHING TERM LIMITS FOR MEMBERS OF THE DANVILLE TOWN COUNCIL
The Danville Town Council consists of five members elected at large from the community for four-year terms. Council elections are held in November of even-numbered years, with three of the five seats voted upon at one election, two seats at the next election. There is no limit on the number of terms an individual may serve on the Town Council.
While California law does not require term limits for councilmembers, it does provide a process for the voters of a city or town to enact such limits. Government Code Section 36502(b) provides that the voters in a city or town may establish term limits by majority vote at a regularly scheduled election. The law also provides that if term limits are approved by the voters, those limits shall apply prospectively only.
The proposed initiative would amend the Danville Municipal Code to add a new section prohibiting any person from serving more than two, four-year terms on the Danville Town Council. Specifically, the initiative, if enacted, would do the following:
The initiative defines a “four-year term” for a Councilmember as being an election or appointment to the Town Council for a term of more than two years. This means that if a vacancy arose on the Town Council between regular elections and the remaining term for that vacant position was more than two years, it would count as one of the two permitted terms for the individual filling the vacancy.
The limit of two four-year terms is a lifetime limit, meaning that once a person served two four-year terms (as defined above), whether or not those terms were consecutive, that individual could neither be elected nor appointed in the future to another term on the Town Council.
As required by Government Code Section 36502(b), the term limits would be prospective only, meaning that any time served on the Town Council by any individual prior to November 2020 would not count against the new limits.