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Agenda Section: 11_G nif ' J�� REQUEST FOR COUNCIL CONSIDERATION Report Number: 94-1754C STAFF REPORT Report Date: 7-21-94 ir,vCouncil Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE July 25, 1994 ❑ Public Hearings ❑ Consent Agenda T1 Council Business Item Description: Consideration of Resolution No. 4607 Declaring Insufficient the Initiative Petition Proposing an Ordinance to Limit the Number of Total Terms for Which a Person could £il' fox the Of Eire of Mayor or City Ce1tv.il I Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. _. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY: On Friday, July 15, 1994 an individual gave Tim Cruikshank the attached Initiative Petition. Nothing was said to Tim other than the individual, who did not name himself, wanted the date stamped on the Petition. In processing this Petition, the procedures outlined in the City Charter have been followed. It is unclear exactly what the intent of the Petition is in that the language which proposes the Ordinance addresses only the term limits of Mayor and City Council, yet the body of the proposed Ordinance goes on to address the terms limits of all elected officials. Also, the Petition does not follow the Initiative Petition guidelines set forth in the City Charter in that it does not contain the signatures of at least 15% of the total number of electors who' cast their votes for President at the last Presidential election nor does the Petition include the required verification oath of the circulator. Based on the lack of required signatures and missing circulator oath of verification, the Petition is "Insufficient" under Chapter 5, Sections 5. 02 and 5 . 03 of the City Charter. The subject of the Petition is also one that is not within the jurisdiction of local government authority. This issue is currently under discussion by the Charter Commission. They commissioned an independent attorney's opinion on the State Attorney General's Opinion which stated that term limits do not fall within the jurisdiction of a local unit of government. A copy of the Charter Commission's attorney is attached. The attached Resolution of Insufficiency has been prepared for your consideration. AA---‘,1-4-1--i-i-j" Sarna tha Orduno, City Admini trator FECOM c_�TDATT ,e i