Charter of the City of Stockton

ARTICLE VI
ELECTIVE OFFICERS

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SECTION 600. Nomination and Election of the Mayor and Councilmembers

The six Councilmembers and the Mayor shall be nominated and elected as herein provided.

(Amended Election 03/07/2000 effective 01/01/2001. Amended Election 10/13/53 effective 3/16/54; Amended Election 4/12/55 effective 5/12/55; Amended Election 10/12/71 effective 12/6/71; Amended Election 11/4/86 effective 12/9/86; Amended Election 11/8/94 effective 5/22/95)

SECTION 601. Councilmembers

The six (6) Councilmembers shall be nominated from districts, and shall be elected by the qualified electors of the City at large.

(a) The voters of each district shall nominate two (2) candidates for Councilmember at the primary municipal election. The two (2) candidates must be residents of the districts from which they are nominated.

(b) The voters of the entire City shall elect the Councilmember for each district at the general municipal election. The Councilmember from each district must be one (1) of the two (2) candidatesnominated from the district at the primary municipal election.

(c) All Councilmembers shall be elected to a term of four (4) years beginning on January 1 of the year following their election.
(SECTION 601 Continued)

(d) Each member of the Council must reside in and be a qualified elector of the district from which said member is nominated and elected or appointed for a period of not less than thirty (30) days prior to the filing of his nomination papers or his appointment. The term of office of any Councilmember who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected.

(e) Any member of the Council moving from his district during his term shall automatically forfeit his office, the same to be refilled by the Council from the electors of the district. Absence from five (5) consecutive regular meetings, unless excused by resolution of the Council, shall operate to vacate the seat of any member so absent.

(f) If a vacancy shall occur in the office of any Councilmember, the Council shall appoint a person to fill such a vacancy. The vacancy in the Council shall be filled by the Council from the electors of the district in which the vacancy occurs. Such person shall hold office until December 31st next following the next general election, and at such election a person shall be elected to hold office for the remainder of any unexpired term. If at any municipal election held under the provisions of this Charter, a Councilmember is not nominated or elected from a district by reason of a tie vote among any of the candidates therefor, then the Council shall select by lot one (1) of the persons receiving such tie vote to fill such nomination or office.

(g) Notwithstanding the provisions of this Section, if the City Clerk fails to adjust the boundaries in the year following the adoption of
(SECTION 601 Continued)

this Section or thereafter in the year following the year in which the decennial Federal census is taken, or if the boundaries adjusted by the City Clerk are held invalid, each Councilmember to be elected at the next election and at any succeeding election shall be elected by and from the City at large. Councilmembers shall continue to be so elected until the Clerk makes a valid adjustment of the boundaries of the districts.

(Amended Election 03/07/2000 effective 01/01/2001. Amended Election 10/12/26; Amended Election 10/14/47 effective 3/3/48; Amended Election 6/2/70 effective 8/17/70; Amended Election 6/6/72 effective 7/26/72; Amended Election 10/9/73 effective 1/17/74; Amended Election 10/11/77 effective 11/2/77; Amended Election 10/9/79 effective 10/24/79; Amended Election 11/4/86 effective 12/9/86; Amended Election 11/8/94 effective 5/22/95)

SECTION 602. Mayor

The Mayor shall be elected by the qualified electors of the City at large and shall hold such office for a term of four (4) years beginning on January 1 of the year following the Mayor's election and until a successor is elected and qualified.

(a) The voters of the entire City shall elect the Mayor at the primary municipal election; provided, however, that should no candidate for the office of Mayor receive at the primary municipal election a majority of the votes cast for all candidates for said office, the two (2) candidates receiving the highest number of votes cast for any such candidates shall thereby qualify as candidates for the office of Mayor at the runoff election to be held at the general municipal election.

(b) The Mayor must reside in and be a qualified elector of the City for a period of not less than thirty (30) days prior to the filing of nomination papers or appointment.

(c) Moving from the City during the term shall automatically forfeit the office. Absence from five (5) consecutive regular meetings, unless excused by resolution of the Council, shall operate to vacate the office.

(d) Any vacancy shall be refilled by the Council from the electors of the City. Any person so appointed shall hold office until December 31 next following the next general election, and at such election a person shall be elected to hold office for the remainder of any unexpired term.

(Repealed and added Election 03/07/2000 effective 01/01/2001. Amended Election 10/13/53 effective 3/16/54; Amended Election 4/12/55 effective 5/12/55; Amended Election 6/2/92 effective 12/2/92)

SECTION 603. Surety Bond

The Mayor and each Councilmember shall, before entering upon the duties of office, give and execute to the City a bond for an amount not less than five thousand ($5,000.00) dollars. The City Council may by resolution increase the amount of the bond requirement. The City of Stockton will pay the costs of acceptable surety bonds. Every bond shall contain the conditions that the principal will well, truly, honestly, and faithfully perform the duties of office. The bonds of the Mayor and the several Councilmembers must be approved by the City Attorney, and the approval of the official bonds must be endorsed thereon. All bonds when approved shall be filed with the City Clerk. State law requirements which are not inconsistent with this Charter shall apply to bonds issued under the provisions of this Section.

(Repealed and added Election 03/07/2000 effective 01/01/2001)

SECTION 604. Oath of Office

Every officer of the City, before entering upon the duties of his office, shall take the oath of office as provided for in the constitution of this State and shall file the same with the City Clerk.

(Repealed and added Election 03/07/2000 effective 01/01/2001. Amended Election 11/4/86 effective 12/9/86; Amended Election 11/8/94 effective 5/22/95)

SECTION 605. Holding Other Office

No member of the Council shall hold any other City office or City employment during the term for which he or she was elected to the Council; provided and excepting, however, that a member of the Council may become a member of any advisory, administrative or governing body of any special district, entity, organization or committee when such is authorized by State law or where the offices are not incompatible.
(Repealed and added Election 03/07/2000 effective 01/01/2001.)

SECTION 606. Term Limits

No person elected as either Mayor or Councilmember shall be eligible to serve, or serve, as either Mayor or Councilmember for more than two (2) terms; but such service prior to January 1, 1989 shall not disqualify any person for further service as either Mayor or Councilmember.
(Added Election 03/07/2000 effective 01/01/2001.)

Historical Notes:

Section 3 •: Amended Election 4/12/55 effective 5/12/55; Repealed Election 10/12/71 effective 12/6/71

Section 4 •: Amended Election 10/12/26; Repealed Election 10/13/53 effective 3/16/54

Section 7 •: Amended Election 11/5/46 effective 1/10/47; Amended Election 10/11/49 effective 12/19/49

Section 7.2 •: Amended Election 4/12/55 effective 5/12/55; Repealed at Election 10/12/71 effective 12/6/71

Section 7.3 •: Repealed Election 10/13/53 effective 3/16/54

• These section numbers refer to a numbering system that was in place prior to the Election of 11/8/94.