Ballot Measure OO Charter Amendment
On July 14, 2020 the City Council voted in favor of placing a measure on the November 2020 Ballot asking Hayward voters to consider amendments to the City Charter.
Ballot Measure Question:
To create more opportunities for residents to volunteer, and to honor Hayward's commitment to diversity, shall the Charter of the City of Hayward be amended to eliminate the requirement of being a qualified elector /registered voter to serve on City Council-appointed advisory commissions, and shall the Charter be amended to eliminate gender-based designations and titles and instead use neutral, gender-free designations and titles?
July 14, 2020 | Council approves resolution requesting the County Board of Supervisors consolidation of a municipal election with other local elections to be held on the same date. Resolution includes calling of the election, ballot measure question, and ballot measure full text.
August 11, 2020 | Deadline for submission of Direct Arguments for/against proposed ballot measure. (12 noon)
August 11 - August 21, 2020 | Ten-day public review of City Attorney Impartial Analysis
August 21, 2020 | Close of Public Examination Period for Primary Arguments.
EC §9282 (b) The City Council, or any member or members of the Council so authorized, or an individual voter who is eligible to vote on the measure, or any bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against any City measure.
EC §9282 Primary arguments shall be titled either “Argument in Favor of Measure _ “or “Argument Against Measure _”
EC §9282 (c) Primary arguments for or against a ballot measure cannot exceed 300 words in length. Arguments must be typed or printed. No handwritten arguments will be accepted. Use the Word Count Standards as stated in Section 9 of the Elections Code.
EC §9283 A ballot argument will not be accepted without the printed name and signature or printed names and signatures of the author or authors. An argument may have up to five (5) signatures. If there are more than five signatures, only the signatures of the first five will be printed. Each argument signer must also complete a Signature Statement.
EC §9286 Deadlines for submitting arguments and rebuttals are listed in the Notice of Election.
EC §9286 Primary and rebuttal arguments may be changed or withdrawn by their proponents until the filing deadline. Arguments received prior to the deadline will be kept confidential until the filing deadline.
EC §9287 If more than one argument for, or more than one argument against, any City measure is filed before the deadline, the City Clerk will select one of the arguments using the criteria in Elections Code §9287.
EC §9285(a)(1) The City Clerk will send a copy of the argument in favor of the measure to the authors of the argument against the measure, and a copy of the argument against the measure to the authors of the argument in favor of the measure, immediately after the filing deadline.
EC §9285 (a)(3) Rebuttal arguments cannot exceed 250 words in length. No handwritten arguments will be accepted. Use the Word Count Standards.
EC §9285 (a)(2) Signers of rebuttal arguments need not be the same as those on the primary arguments for or against a measure. However, if signers of the rebuttal arguments are different from those of the primary argument, the “Release for Rebuttal Argument” form must be competed and filed, indicating the name of the person signing the primary argument, and the name of the person signing the rebuttal argument in their place.
EC §9295 There is a ten-calendar day public examination period for the impartial analysis and primary and rebuttal arguments, immediately following the deadline for their submissions.
BALLOT QUESTION:
Shall amendments to the Hayward City Charter be adopted?
To create more opportunities for residents to volunteer, and Ito honor Hayward's commitment to diversity, shall the Charter of the City of Hayward be amended to eliminate the requirement of being a qualified elector /registered voter to serve on City Council-appointed advisory commissions, and shall the Charter be amended to eliminate gender-based designations and titles and instead use neutral, gender-free designations and titles?
Deadline for Filing Primary Arguments: August 11, 2020 by 12:00 PM
Deadline for Filing Rebuttal Arguments: August 21, 2020 by 12:00 PM
Due to ongoing COVID-19 conditions, please send an email to Miriam.lens@hayward-ca.gov or call (510) 583-4400 to schedule an appointment to file primary and/or rebuttal arguments.
Measure Endorsement Agreement Signature Statement Form Signature Statement Form-Rebuttal Release for Rebuttal Argument
Full text from the PDF is provided below in compliance with ADA guidelines.
Introduced by Mayor Halliday
Resolution calling a municipal election in the city of Hayward for the purpose of amending the City of Hayward charter; setting forth the statement of the measure to be voted upon; and requesting the Board of Supervisors of Alameda County to provide for the consolidation of the municipal election with the presidential election to be held on November 3, 2020; and to provide election services.
WHEREAS, under the provisions of the Hayward City Charter, a General Municipal Election for the election of officers shall be consolidated with the General Election held in even numbered years; and
WHEREAS, a Presidential General Election will be held on Tuesday, November 3, 2020,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward as follows:
SECTION 1.
That the City of Hayward General Municipal Election is hereby called and ordered to be consolidated with the Presidential Election to be held on Tuesday, November 3, 2020, for the purpose of submitting to the voters Charter amendments modifying Section 900 and replacing gender-specific pronouns with non-gender specific titles set forth in Exhibit A.
SECTION 2.
That a ballot measure question is to appear on the ballot as follows:
Shall amendments to the Hayward City Charter be adopted?
To create more opportunities for residents to volunteer, and Ito honor Hayward's commitment to diversity, shall the Charter of the City of Hayward be amended to eliminate the requirement of being a qualified elector /registered voter to serve on City Council-appointed advisory commissions, and shall the Charter be amended to eliminate gender-based designations and titles and instead use neutral, gender-free designations and titles?
YES NO
SECTION 3.
That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast.
SECTION 4.
That the City Clerk is authorized and directed to certify the adoption of this resolution and to transmit a copy thereof so certified to the County Clerk of the County of Alameda. The City Clerk is further authorized and directed to prepare, execute and transmit to the Alameda County Registrar of Voters all documents necessary to carry out the purposes of this resolution.
SECTION 5.
The City Attorney is hereby authorized and directed to prepare and transmit to the City Clerk the impartial analysis and the official ballot title.
a) The City Attorney shall prepare an impartial analysis of the measure not exceedingSOOwords showing the effect of the measure on the existing law and the operation of the measure.
b) The analysis shall include a statement indicating the measure was placed on the ballot by the City Council.
c) In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Measure_. If you desire a copy of the ordinance or measure, please call the election official's office at (510) 583-4400 and a copy will be mailed at no cost to you."
d) The impartial analysis shall be filed by the date set by the City Clerk.
SECTION 6.
That the City Clerk is directed to publish a synopsis of the measure pursuant to Elections Code Section 12111 and Government Code Section 6061.
SECTION 7.
That the City Council shall meet at a regular meeting to review the canvass of the returns of the Municipal Election and declare the results thereof.
IN COUNCIL, HAYWARD, CALIFORNIA July 14, 2020.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: Lamnin, Márquez, Mendall, Salinas, Wahab, Zermeño
MAYOR: Halliday
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Approved As To Form:
/s/ Michael S. Lawson, City Attorney
Attest:
/s/ Miriam Lens, City Clerk
Full text from the PDF is provided below in compliance with ADA guidelines.
Introduced by Mayor Halliday
Resolution establishing the schedule and policy prividing for the filing of ballot arguments for the charter amendment ballor measure at the November 3, 2020 election
WHEREAS, the City Council of Hayward will likely submit a ballot measure to the voters at the November 3, 2020 Municipal Election; and
WHEREAS, it is necessary to establish a schedule and policy for the filling of ballot measures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward as follows:
SECTION 1. The Primary Argument filing period closes at noon, 12:00 p.m. on Tuesday, August 11, 2020. The Rebuttal Argument filing period closes at noon, 12:00 p.m. on Friday, August 21, 2020.
SECTION 2. The ten-day public review period for primary arguments closes at noon, 12:00 p.m. on August 21, 2020, and the ten-day public review period for rebuttal arguments closes at noon, 12:00 p.m. on August 31, 2020.
SECTION 3. In accordance with Elections Code 9282 and 9285, primary arguments for or against ballot measures shall not exceed 300 words in length. Rebuttal arguments for or against ballot measures shall not exceed 250 words in length. Word count will be determined using the standards set forth in Elections Code Section 9.
SECTION 4; According to Elections Code 9287, if more than one argument is submitted, the City Clerk shall select the argument and shall give preference, in the order named, to arguments of the following:
a) The legislative body, or member or members of the legislative body authorized by that body.
b) The individual voter or bona fide association of citizens, or combination of voters and associations, who are the bona. fide sponsors or proponents of the measure,
c) Bona fide associations of citizens.
d) Individual voters who are eligible to vote on the measure.
SECTION 5. Each ballot argument must be accompanied by the printed name(s) and signature(s) of the person or persons submitting it or, if submitted on behalf of ai;i organization, the name of the organization and the. printed name and signature of at least one of its principal officers who is the author of the argument. The Certification of the . Author(s) and Proponent(s), in Exhibit A, must be submitted at the time the respective Primary Argument or Rebuttal Argument is filed. The names and titles of proponents will be printed exactly as they appear in Exhibit A. Arguments received prior to the deadline are confidential until the deadline.
SECTION 6. No more than five signatures shall appear with any argument. In case any argument is signed by more than five individuals, the signature of the first five shall be printed. Authors must list the signors names on the argument in the order they are to be printed.
SECTION 7. Consent forms are required for persons and/or organizations listed as supporters in the text of the argument.
SECTION 8. The City Clerk, upon receipt of arguments and after the filing deadline, will transmit copies of arguments to authors of opposing arguments who may then submit rebuttals within the established period.
SECTION 9. In accordance with Elections Code 9285, only the author whose primary argument has been selected by the City Clerk may file a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument.
SECTION 10. Rebuttal arguments shall be printed in the same manner as direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
IN COUNCIL, HAYWARD, CALIFORNIA July 14, 2020.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: Lamnin, Márquez, Mendall, Salinas, Wahab, Zermeño
MAYOR: Halliday
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Approved As To Form:
/s/ Michael S. Lawson, City Attorney
Attest:
/s/ Miriam Lens, City Clerk
Notice of Ballot Measure
Full text from the PDF (English) is provided below in compliance with ADA guidelines.
City of Hayward Notice of Measure to be Voted Upon at the November 3, 2020 General Municipal Election and Deadline for Filing Ballot Arguments
NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of Hayward on Tuesday, November 3, 2020, to be consolidated with the Presidential General Election. The City Council proposes on its own motion, Resolution No. 20-126, for the purpose of submitting the following Hayward Charter Amendments Ballot Measure___, as introduced by Mayor Halliday, to the voters of the City of Hayward:
BALLOT QUESTION
To create more opportunities for residents to volunteer, and to honor Hayward’s commitment to diversity, shall the Charter of the City of Hayward be amended to eliminate the requirement of being a qualified elector/registered voter to serve on City Council-appointed advisory commissions, and shall the Charter be amended to eliminate gender-based designations and titles and instead use neutral, gender-free designations and titles?
SYNOPSIS OF THE MEASURE
PROPOSED CHARTER AMENDMENTS
The following Charter amendments are proposed by the City Council, on its own motion, to be submitted to the voters of the City of Hayward at the Presidential General Election to be held November 3, 2020:
1. Proposed Charter amendment providing for the modification of Section 900 by eliminating as a criterion for service on the Council’s appointed boards, commissions, committees, task forces and similar advisory bodies that an applicant be a qualified elector/registered voter. This criterion would be replaced with a requirement the applicant be a resident of the City.
TEXT OF CHARTER AMENDMENT
The City Council proposes that Section 900 of the Hayward City Charter be amended to read in full as follows:
SECTION 900. IN GENERAL.
There shall be the boards and commissions enumerated in this Article which shall have the powers and duties stated herein. The number of members to comprise any board or commission shall be determined by ordinance or resolution of the Council. No member of any board or commission shall be a member of any other board or commission or hold any paid office or employment, in the City Government. In order to be eligible for any appointment to any board or commission, a person shall be a qualified elector of the City. An applicant for any appointment to any board or commission shall be a resident of the City but need not be a qualified elector.
In addition, the Council may create by ordinance or resolution such boards or commissions as in its judgment are required and may grant to them such powers and duties as are consistent with the provisions of this Charter.
2. Proposed Charter amendment providing for the elimination of gender-specific designations and titles and their replacement with neutral, non-gender specific designations and titles.
TEXT OF CHARTER AMENDMENT
The City Council proposes that the Hayward City Charter be amended in its entirety to replace gender-specific designations and titles with neutral, non-gender specific designations and titles. The complete text of the measure is available on the City’s website at https://www.hayward-ca.gov/your-government/elections. To receive a copy, please contact (510) 583-4400 or email cityclerk@hayward-ca.gov.
NOTICE IS FURTHER GIVEN by the City Clerk, pursuant to the provisions of Sections 9285 and 9286 of the Elections Code of the State of California, that the following deadlines are hereby established as the final dates on which arguments and rebuttal arguments for and against the measure appearing on the ballot for the General Municipal Election to be held on November 3, 2020, may be submitted to the City Clerk for printing and distribution to the voters as required by law:
Deadline for Filing Primary Arguments: 12:00 P.M., Tuesday, August 11, 2020
Deadline for Filing Rebuttal Arguments: 12:00 P.M., Friday, August 21, 2020
Primary Arguments, not to exceed 300 words in length, and Rebuttal Arguments, not to exceed 250 words in length, are to be submitted to the City Clerk, 777 B Street, Hayward, on or before the deadlines. Submitted arguments are kept confidential until after the filing deadline. Arguments cannot be changed after the deadline.
NOTICE IS FURTHER GIVEN that there shall be set a ten-calendar day examination period for public review of said Arguments. During this time, any registered voter of the election jurisdiction, or the elections official, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The review period for Arguments is as follows: Primary Arguments review commences August 11, 2020 and ends August 21, 2020; Rebuttal Arguments review commences August 21, 2020 and ends August 31, 2020. The review period for the Impartial Analysis commences on August 11, 2020 and ends August 21, 2020.
Information regarding the election and measures is available on the City’s website at https://www.hayward-ca.gov/your-government/elections. For additional information call (510) 583-4400 or email cityclerk@hayward-ca.gov
On Election Day, November 3, 2020, the polls will be open from 7 AM through 8 PM.
Dated: July 31, 2020
Miriam Lens, City Clerk
City of Hayward
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Full text from the PDF is provided below in compliance with ADA guidelines.
08/07/20 16:20 CLK
CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE ___ PROPOSED CHARTER AMENDMENT REGARDING ELIGIBILITY FOR ADVISORY SERVICE AND ELIMINATON OF GENDER-BASED DESIGNATIONS AND TITLES
In accordance with the California Constitution, voters may enact a city charter to govern their city government. The City of Hayward was incorporated in 1876, with its Council/Manager form of government enacted in 1956. Voters approved amendments in 1959, 1964, 1975, 1982, 1992, 1994, and most recently in 2016 when general municipal elections were moved from June to November. In many respects, however, the 1956 charter is outdated.
Hayward voters will be asked to update the charter on November 3, 2020. The ballot question, if adopted, proposes amendments better reflective of the diversity of the city’s 160,000 residents.
The first proposed amendment changes the criteria to serve as a volunteer on an advisory body. Among the advisory bodies affected by the change are the Library Commission, Community Services Commission, Personnel Commission, Planning Commission, and the Keep Hayward Clean and Green Task Force. Currently, an applicant must be a ‘qualified elector.’ ‘Qualified elector’ is a 1950s version of ‘registered voter.’ A registered voter must be a resident of the city and U.S. citizen.
The proposed amendment eliminates the requirement of being a ‘qualified elector’ to serve on advisory bodies. The City Council, by resolution or ordinance, is otherwise authorized to establish criteria for selection. The requirement that elective city officers, specifically the Mayor and members of the City Council, be qualified electors would remain in place and not change.
On January 1, 2020, California law was updated to eliminate U.S. citizenship as a requirement for appointment to non-elective advisory service. While it is not clear if Government Code sec. 1020 applies to charter cities, it is an important policy statement consistent with this proposed charter amendment.
The second proposed charter amendment would replace gender-based designations and titles with neutral, gender-free designations and titles. For example, the terms ‘Councilmen’ and ‘Councilman’ would be replaced with ‘Council member’ or ‘Council members.’ In the case of ‘Chairman,’ or ‘he’ or ‘his,’ those male references would be replaced with gender-neutral designations such ‘Mayor’ or ‘Presiding Officer,’ or gender-neutral possessive terms like ‘the Mayor’s’ or ‘the Presiding Officer’s.’
A survey of cities in the Bay Area found that city charters and codes have been updated by their voters or city councils, respectively, to use neutral, gender-free designations and titles. Only Hayward retains the 1950s gender-based male designations and titles.
A ‘yes’ vote means the two sets of amendments are approved.
A ‘no’ vote means the two sets of amendments are not approved.
The ballot question requires a simple majority vote for approval. A simple majority of 50% of voters voting on the question, plus one additional vote.
This analysis is prepared by the City Attorney of the city of Hayward, pursuant to Elections Code sec. 9280.
s/MICHAEL S. LAWSON
City Attorney, City of Hayward
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The argument about the proposed ballot measure is the opinion of the authors.
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Argument in Favor of Measure __ 08/07/2020 14:19 CLK
The City of Hayward is one of the most diverse cities in our state and nation, and we are committed to being an inclusive community that serves all residents in a fair and equitable manner. In 2017, the City Council unanimously accepted a report from a community task force charged with updating the city’s anti-discrimination policy. This report reaffirmed the city’s commitment to strategies and practices that celebrate diversity and promote participation by all residents regardless of place of origin and immigration status, among other personal characteristics. Unfortunately our city charter, initially adopted in 1956, mandates that all members of Council appointed boards and commissions be “qualified electors,” meaning that they must be registered to vote in Hayward and consequently must be U.S. citizens. This Charter requirement excludes many members of our community from being considered for appointments because they lack citizenship status and cannot register to vote. As a consequence, many otherwise engaged members of our community are prevented from serving on important advisory boards.
In January 2020 California law was updated to eliminate US citizenship as a requirement for appointment to non-elective advisory service. Measure __ would bring Hayward into compliance with this new legislation and will remove the “qualified elector” requirement in support of our city’s commitment to inclusion.
The proposed amendment will further eliminate gender-based titles and pronouns that seem to assume only males occupy leadership positions defined in the Charter, even though such assumptions have not been accurate for many years. Approval of Measure __ will remove barriers that now block full participation by some City residents on advisory boards and commissions and will make Hayward’s charter consistent with current principles and practices. Vote yes on Measure __ to ensure fairness and inclusion for all Hayward residents.
s/ FREDDYE M. DAVIS
President, Hayward South Alameda County NAACP
s/BARBARA HALLIDAY
Mayor, City of Hayward
s/ELISA MÁRQUEZ
Council Member, City of Hayward
s/ARZO MEHDAVI
Chairperson/Commissioner Community Services Commission
s/ZACHARIAH J. OQUENDA
Community Advisory Panelist to Chief of Police
Full text from the PDF is provided below in compliance with ADA guidelines.
FULL TEXT OF MEASURE ____________
PROPOSED CHARTER AMENDMENTS
The following Charter amendments are proposed by the City Council, on its own motion, to be submitted to the voters of the City of Hayward at the Presidential General Election to be held November 3, 2020:
1. Proposed Charter amendment providing for the modification of Section 900 by eliminating the requirement for U.S. citizenship as a criterion for service on the Council’s appointed boards, commissions, committees, task forces and similar advisory bodies.
TEXT OF CHARTER AMENDMENT
The City Council proposes that Section 900 of the Hayward City Charter be amended to read in full as follows:
SECTION 900. IN GENERAL.
There shall be the boards and commissions enumerated in this Article which shall have the powers and duties stated herein. The number of members to comprise any board or commission shall be determined by ordinance or resolution of the Council. No member of any board or commission shall be a member of any other board or commission or hold any paid office or employment, in the City Government. In order to be eligible for any appointment to any board or commission, a person shall be a qualified elector of the City. An applicant for any appointment to any board or commission shall be a resident of the City but need not be a qualified elector.
In addition, the Council may create by ordinance or resolution such boards or commissions as in its judgment are required and may grant to them such powers and duties as are consistent with the provisions of this Charter.
2. Proposed Charter amendment providing for the elimination of gender-specific pronouns and their replacement with non-gender specific titles.
FULL TEXT OF CHARTER AMENDMENT
The City Council proposes that the Hayward City Charter be amended in its entirety as set forth in Attachment I.
