City of La Mesa Appointed Clerk, Proposition M (November 2014)

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A City of La Mesa Appointed Clerk, Proposition M ballot question was on the November 4, 2014 election ballot for voters in the city of La Mesa in San Diego County, California. It was approved.

Proposition M made the position of city clerk an appointed position rather than an elected one.

Election results

City of La Mesa, Proposition M
Result		Votes	Percentage
a Yes		6,617	51.32%
No		6,276	48.68%

Election results via: San Diego County Registrar of Voters

Text of measure

Ballot question

The question on the ballot:

“

Shall the office of city clerk be appointive?

”

Impartial analysis

The following impartial analysis was prepared for Measure M:

“	In 1912, upon the incorporation of the City of La Mesa (City), the position of city clerk was designated as an elected position selected by the voters with limited areas of responsibility. This measure, placed on the ballot by the City Council, would change the designation of city clerk from an elected position to an appointed position selected by the city manager. To date, the position of city clerk in the City has remained an elected position. However, the position requires significantly increased areas of responsibility including, but not limited to, administering such laws as the Brown Act, Political Reform Act and Public Records Act. Presently, the elected city clerk’s salary is determined and fixed by the City Council in the annual budget as established by City ordinance. Pursuant to the California Elections Code (Elections Code), the only qualifications necessary to run for the office of city clerk are that the candidate must be: (1) at least 18 years age, (2) a United States citizen and (3) a registered voter in the City. There are no technical or professional qualifications required. As an elected position, in the event of poor performance, the city clerk may only be removed by a recall of the voters pursuant to the Elections Code. Additionally, as an elected position, Title 3 of the La Mesa Municipal Code (Municipal Code) entitled “Personnel,” which includes regulations related to work performance review, work time, vacations and holidays, leave, dismissal, demotion and suspension, does not apply to the city clerk. This measure, as a result of designating the office of city clerk as an appointed position, would require the city manager to assume the responsibility of selecting an individual to carry out the technical and professional skills necessary to administer the duties of that office. The city manager would also establish the salary for the appointed city clerk commensurate with the technical and professional skills required to satisfactorily perform the position. Additionally, Title 3 of the Municipal Code (as referenced above) would apply to the appointed position of city clerk thereby subjecting that position to all the rules, regulations, restrictions, rights and privileges, including the authority of the city manager to remove the appointed city clerk for poor performance. Under this measure, an appointed city clerk, as a public official, would continue to be subject to the California Political Reform Act (conflict of interest regulations).	”
—La Mesa City Attorney

Support

A Vote Yes on M campaign was started to urge voters to approve Measure M.

Supporters

The following individuals signed the official arguments in favor of Measure M:

• Ruth Sterling, vice mayor of the city of La Mesa
• Ernest Ewin, La Mesa Councilmember
• Mary Kennedy, CMC, current La Mesa City Clerk
• Susan Bigelow, former La Mesa City Clerk
• Audrey Murray, La Mesa resident

Arguments in favor

The following was submitted as the official arguments in favor of Measure M:

“	The selection of the City Clerk should be based on qualifications and experience - not the result of a political campaign. Demands on the City Clerk have evolved over the past few decades. The complexities of the position have increased and the technical skills and knowledge required are significant. The Clerk’s responsibilities include, but are not limited to, administration of the City’s records and electronic document management program, oversight of all municipal elections, compliance with conflict of interest and campaign disclosure regulations, following federal/state laws and recording decisions of the representative government. Logic demands that the Clerk be selected based on an extensive screening designed to recruit and hire the person with the strongest technical, administrative and professional skills. Once hired by the City Manager, an appointed City Clerk can be held accountable to perform to the same standards established for City department heads and executive staff. Under California law, the only qualifications to serve as an elected City Clerk are that the person be at least 18 years old and registered to vote in La Mesa. This potentially eliminates qualified candidates living nearby, but unable to live in La Mesa. You expect the duties of this vital position will be performed by an experienced and skilled professional. This can best be accomplished by selecting a person to serve based on technical skill, education and relevant experience. Statewide, the trend has moved towards appointed rather than elected City Clerks. 72% of California cities appoint their City Clerks. We join many groups and individuals in California committed to local government and encourage you to support this logical change. Your yes vote on Measure M ensures the duties of the City Clerk are performed by a qualified professional selected on experience, education and training, not by popular vote.	”
—Ruth Sterling, Ernest Ewin, Mary Kennedy, Susan Bigelow and Audrey Murray, La Mesa resident

Opposition

Opponents

Patricia Marie Toth signed the official arguments in opposition to Measure M.

Arguments against

The following was submitted as the official arguments in opposition to Measure M:

“	The office of city clerk needs to remain an elected one. There are no data supporting the view that an appointed city clerk results in better government. An elected clerk is necessary to continue the system of checks and balances in city government. The clerk serves as the face of the city, resides within, knows the streets, hears the concerns, and is familiar with the issues voiced by the inhabitants. Appointing an individual who may live even outside the city does no service to this important office or to those whom it serves. An elected clerk is as vested in La Mesa as are members of the council. The office of city clerk was designed to be independent of any influence from the city manager or city council. The clerk serves at the pleasure of the voters in La Mesa. That the next elected clerk might be unable to perform the duties of the office, therefore requiring the costly hiring of a trained professional, is a flawed claim. La Mesa City Clerk Kennedy mentioned at a council meeting that after her election she continued her education/training to achieve professional certification. There is no reason to assume that her successor would do any differently. This measure has no support from the public. If such support existed, there would have been a petition drive to put it on the ballot and residents would have addressed the city council accordingly. The measure is clearly a creation of others. Measure M is likely to cost taxpayers $10,000. To drain our city’s coffers based on the fear of what might happen in the future is misguided. Trust the people. Let the electorate choose and evaluate the performance of the city clerk by casting a ballot November 4th. Vote NO on Measure M.	”
—Patricia Marie Toth

See also

• Local election and voting laws on the ballot
• City governance on the ballot
• San Diego County, California ballot measures
• November 4, 2014 ballot measures in California

External links

Suggest a link

• San Diego County Elections Office website

Support

• Vote Yes on M website, accessed October 16, 2014