0% found this document useful (0 votes)
7K views9 pages

Measure D Full Text

The full text of San Bernardino County's Nov. 2022 ballot Measure D. The measure would set supervisors' term limits at three, starting in 2023 or 2025, depending on the district, and sets their salary, as well as raising the number of votes required to send a tax hike before the voters from three out of five supervisors to four out of five.

Uploaded by

Beau Yarbrough
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
7K views9 pages

Measure D Full Text

The full text of San Bernardino County's Nov. 2022 ballot Measure D. The measure would set supervisors' term limits at three, starting in 2023 or 2025, depending on the district, and sets their salary, as well as raising the number of votes required to send a tax hike before the voters from three out of five supervisors to four out of five.

Uploaded by

Beau Yarbrough
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 9

1 ATTACHMENT “A”

MEASURE “__” TAXPAYER PROTECTION AND GOVERNMENT REFORM


2
3 Section I. Statement of Purpose

4 The purpose of this measure is to prohibit the elected Board of Supervisors of


San Bernardino County from increasing taxes without a vote of the people, prevent
5
elected County Supervisors from voting to increase their salary, and facilitate effective
6 representation in county government.

7 Section II. Charter Amendment


8 A. Article II of the Charter of San Bernardino County is hereby amended as
follows (with new language underlined and repealed language in strikeout text):
9
10 Article II: Board of Supervisors
11 Section 201. Governing Body.
12 The Board of Supervisors is the governing body of San Bernardino County. The
Board of Supervisors shall consist of five persons, hereafter identified as
13 Members or Supervisors.
14
Section 202. Election.
15
Supervisors shall be elected by Supervisorial District. Each candidate for the
16 office of County Supervisor shall be an elector in the District which the candidate
seeks to represent and shall be elected by the electors of such District. Except
17 as otherwise provided in this Charter, candidates shall be nominated and elected
pursuant to the general law. The five Supervisorial Districts shall be apportioned
18 by ordinance pursuant to the general law and this Charter. A County Supervisor
must reside in his or her District during the Supervisor's incumbency.
19
Section 203. Term of Office.
20
At each general election, there shall be elected two or three Supervisors, as the
21 case may be, for a term of four years beginning at noon on the first Monday after
the first day of January next following their election and ending at noon on the
22 first Monday after the first day of January four years thereafter. Supervisors shall
be elected from the First, Third, and Fifth Supervisorial Districts in those years in
23 which a presidential election is held, and Supervisors shall be elected from the
Second and Fourth Supervisorial Districts in those years in which a gubernatorial
24 election is held.
25 However, the term for the County Supervisors elected from the First, Third, and
Fifth Supervisorial Districts on either March 3, 2020, or November 3, 2020, shall
26 commence at noon on Monday, December, 7, 2020, and end at noon on
Monday, January 6, 2025. The term for the County Supervisors elected from the
27 Second and Fourth Supervisorial Districts on either June 5, 2018, or November
28 6, 2018, shall end at noon on Monday, January 2, 2023.

5
1 Section 204. Term Limits.
2 No person may serve for more than three terms as County Supervisor,
regardless of the District represented. For the First, Third, and Fifth Supervisorial
3 Districts, any term or portion of a term served prior to noon on Monday, January
6, 2025, shall not count toward the term limit. For the Second and Fourth
4 Supervisorial Districts, any term or portion of a term served prior to noon on
Monday, January 2, 2023, shall not count toward the term limit. For the First,
5 Third and Fifth Supervisorial Districts, after noon on Monday, January 6, 2025,
6 and for the Second and Fourth Supervisorial Districts, after noon on Monday,
January 2, 2023, anyAny County Supervisor who serves more than one-half of a
7 term, either through election or appointment, shall be deemed for purposes of
this section to have served a full term. For the First, Third and Fifth Supervisorial
8 Districts, after noon on Monday, January 6, 2025, and for the Second and Fourth
Supervisorial Districts, after noon on Monday, January 2, 2023, anyAny County
9 Supervisor who resigns or is removed from office with less than one-half of a
term remaining shall be deemed for purposes of this section to have served a full
10 term. This section shall only apply to those Supervisors who are first elected to
the Board of Supervisors after the effective date of this section, and who have
11 not previously served on the Board of Supervisors. Members of the Board of
Supervisors who were elected before the effective date of this section may serve
12 only the number of terms allowed at the time of the last election before the
effective date of this section.
13
Section 205. Chair and Vice Chair of the Board of Supervisors.
14
The Board of Supervisors shall elect from among its Members a Chair and a Vice
15 Chair of the Board of Supervisors. The election, term of office, duties, and
removal of the Chair and Vice Chair shall be provided for by ordinance,
16 resolution, or policy of the Board of Supervisors.
17 Section 206. Powers and Duties of the Board of Supervisors.
18 The Board of Supervisors has all the powers granted to it by the Constitution of
California, the general law, and this Charter. The Board of Supervisors shall
19 exercise such powers and perform such duties as are required by the
Constitution of California, this Charter, and ordinance, and by the general law
20 except as otherwise provided in the Constitution of California, this Charter, and
21 any ordinance adopted pursuant to this Charter.

22 Given the size and complexity of San Bernardino County, the elected office of
County Supervisor is recognized as a position that requires a considerable
23 investment of time and due diligence from Board Members in order to effectively
fulfill their duties in service to the public. These duties include but are not limited
24 to: ensuring fiscal responsibility; representing the interest of the public during
public meetings and hearings of the Board of Supervisors; participating in the
25 response to natural disasters and other emergencies; conducting meetings with
members of the public; ensuring that the County is effectively represented with
26 respect to federal, state, and other local government agencies; and reviewing
issues impacting the County and its residents, businesses, built and natural
27 environment, and health and safety. The elected position of County Supervisor
requires Supervisors to be responsive to the needs of the public on a 24 hours a
28 day, seven days a week basis.

6
1 Furthermore, Members of the Board of Supervisors also have duties with respect
to, and must attend the meetings of, many other public entities and other entities.
2 Each member of the Board of Supervisors shall serve on such public entity or
other entity governing boards, commissions and committees, as designated by or
3 appointed in accordance with, and perform such duties as are required by, the
Constitution of California, this Charter, general law, ordinance, or contract, as
4 may be amended from time to time. Such public entities and other entity
governing boards, commissions, and committees include, without limitation, as of
5 August 1, 2022 July 28, 2020, the following:
6
 Agua Mansa Industrial Growth Association
7
 Arrowhead Regional Medical Center Joint Conference Committee
8
 Behavioral Health Commission
9
10  Big Bear Area Regional Wastewater Agency

11  Big Bear Valley Recreation and Park District

12  Bloomington Recreation and Park District


13  Board of Supervisors Governed County Service Areas
14
 CAL-ID Remote Access Network Board
15
 California State Association of Counties
16
 Children and Families Commission (First 5)
17
18  Children's Policy Council

19  Crafton Hills Open Space Conservancy


20  Head Start Shared Governance Board
21
 High Desert Corridor Joint Powers Authority
22
 Indian Gaming Local Benefit Committee
23
 Indian Wells Valley Groundwater Authority
24
25  In-Home Supportive Services Public Authority

26  Inland Counties Emergency Medical Agency


27  Inland Empire Economic Partnership
28
 Inland Empire Health Plan

7
1
 Inland Empire Public Facilities Corporation
2
3  Inland Valley Development Agency

4  lnteragency Council on Homelessness


5  Mojave Desert Air Quality Management District
6
 Mojave Desert and Mountain Recycling Authority
7
 Morongo Basin Transit Authority
8
 Mountain Area Regional Transit Authority
9
10  National Association of Counties

11  Ontario International Airport Authority

12  Omnitrans Board of Directors


13  Quad State Local Governments Authority
14
 San Bernardino County Employees' Retirement Association Board of
15 Retirement

16  San Bernardino County Financing Authority


17  San Bernardino County Fire Protection District
18
 San Bernardino County Flood Control District
19
 San Bernardino County Industrial Development Authority
20
21  San Bernardino County Law Library Board of Trustees

22  San Bernardino County Local Agency Formation Commission

23  San Bernardino County Transportation Authority


24  San Bernardino International Airport Authority
25
 San Bernardino Municipal Water District Advisory Committee on Water Policy
26
 Santa Ana River Parkway Policy Advisory Group
27
 Santa Ana Watershed Project Authority OWOW Steering Committee
28

8
1  Solid Waste Advisory Taskforce
2
 South Coast Air Quality Management District
3
 Southern California Associated Governments
4
 Southern California Water Coalition
5
6  Successor Agency to the San Bernardino County Redevelopment Agency

7  Upper Santa Ana River Washland Management and Habitat Conservation


Plan Taskforce
8
 Urban Counties Caucus
9
10  Victor Valley Economic Development Authority

11  Victor Valley Transit Authority


12  Victor Valley Wastewater Reclamation Authority
13 Section 207. Limitations on Taxing Authority.
14 Any tax increase passed by the Board of Supervisors must be approved by a
4/5's vote of the Board of Supervisors and be placed on the ballot at the next
15 available statewide general election, following the timelines in the Elections
16 Code, for approval by qualified voters. Additionally, the Board of Supervisors,
when acting as the governing body of a Board-governed Special District, the San
17 Bernardino County Fire Protection District, or the San Bernardino County Flood
Control District must approve any tax increase by a 4/5's vote and place the tax
18 increase on the ballot at the next available statewide general election, under the
timelines in the Elections Code, for approval by qualified voters. If a tax is
19 proposed by property owners this section does not apply.

20 Section 2087. Filling of Vacancies.

21 If there is a vacancy in the office of County Supervisor, the remaining Members


of the Board of Supervisors shall within 60 days of the effective date of the
22 vacancy either appoint a replacement Supervisor or call a special election. The
appointee shall be from among the qualified electors of the Supervisorial District
23 in which such vacancy exists. Nomination and election of a Supervisor shall be
by district as provided in Section 202.
24
If the effective date of the appointment is no less than 130 days from the
25 statewide general election in November of an even-numbered mid-term year of
the vacant office, the appointment is provisional to the first Monday after the first
26 day of January next following the election. When making the appointment, the
remaining Members of the Board of Supervisors shall call for a special election
27 for this office for the remaining term and shall order the special election to be
consolidated with such statewide general election. The special election shall be
28

9
1 a single-winner election. The candidate receiving the highest number of votes is
elected.
2
If the effective date of the appointment is less than 130 days from the statewide
3 general election in November of an even-numbered mid-term year of the vacant
office, then the appointee shall serve the remainder of the term of the office.
4
If the remaining Members of the Board of Supervisors do not make an
5 appointment and instead call a special election, the special election shall be held
6 on the next established election date, as defined in Division 1 (commencing with
Section 1000) of the Elections Code, that is no less than 130 days from the date
7 that the special election is called. When calling a special election to be held on
the next established election date that is no less than 130 days from the date that
8 the election is called, the remaining members of the Board of Supervisors may
authorize the election to be conducted wholly by mail, provided that the special
9 election is not held on the same date as a statewide primary or general election
or is not consolidated, as defined in Elections Code section 10400, with any other
10 election. The special election shall be a single-winner election. The candidate
receiving the highest number of votes is elected.
11
If the remaining Members of the Board of Supervisors do not make an
12 appointment or call a special election within 60 days of the effective date of the
vacancy, then a special election shall be held to fill the vacancy. The special
13 election shall be held on the next established election date, as defined in Division
1 (commencing with Section 1000) of the Elections Code, that is no less than 130
14 days from the 60th day after the effective date of the vacancy. In the discretion
of the Register of Voters, the special election to be held on the next established
15 election date that is no less than 130 days from the 60th day after the effective
date of the vacancy may be conducted wholly by mail, provided that the special
16 election is not held on the same date as a statewide primary or general election
or is not consolidated, as defined in Elections Code section 10400, with any other
17 election. The special election shall be a single-winner election. The candidate
receiving the highest number of votes is elected.
18
If an election is required pursuant to this section and the date of such election as
19 required by one of the preceding paragraphs of this section would be less than
180 days from the statewide primary election applicable to the Supervisorial
20 District as set forth in Section 203, then notwithstanding such preceding
21 paragraph, the regular nomination and election process shall be followed
pursuant to Sections 202, 203, and 204.
22
Section 2098. Compensation of the Board of Supervisors.
23
Members of the Board of Supervisors shall be paid an annual base salary that is
24 equal to 80 percent of the annual base salary prescribed by law for Judges of the
Superior Court of San Bernardino County, and shall be provided, to the extent
25 legally permissible, the regular benefits that are offered to Exempt Group
employees in the benefits category for department heads as provided by
26 ordinance.

27 Thereafter, the annual base salary of the Members of the Board of Supervisors
shall be changed at such times and in such percentages as changes made by
28 law to the Judges of the Superior Court of San Bernardino County, except as
otherwise provided in this paragraph. Any increase in the salary of the Members

10
1 of the Board of Supervisors pursuant to this paragraph shall only become
effective after there has been an election for any member of the Board of
2 Supervisors. only if such increase is ratified pursuant to an ordinance that is
introduced at a noticed public hearing and is thereafter approved. The Board of
3 Supervisors may approve a salary increase that is less than the amount
permitted under this paragraph.
4
Thereafter, the benefits provided to the Members of the Board of Supervisors
5 shall be changed at such times and in such amounts as changes made to
6 Exempt Group employees in the benefits category for department heads as
provided by ordinance, except as otherwise provided in this paragraph. Any
7 increase in the benefits of the Members of the Board of Supervisors pursuant to
this paragraph shall only become effective after there has been an election for
8 any member of the Board of Supervisors. only if such increase is ratified
pursuant to an ordinance that is introduced at a noticed public hearing and is
9 thereafter approved. The Board of Supervisors may approve a benefit increase
that is less than the benefit increase permitted under this paragraph.
10
The salary and benefits that members of the Board of Supervisors are eligible to
11 receive shall be posted on the County website and accessible from a link located
on the home page of the County website.
12
This section shall only apply to those Supervisors who are elected to the Board
13 of Supervisors after the effective date of this section.
14 Section 21009. Staff Members of the Board of Supervisors.
15 The staff members of the Board of Supervisors shall serve in the unclassified
service at the pleasure of the Board of Supervisors. The terms and conditions of
16 employment of such staff members shall be established by contract approved by
the Board of Supervisors. A contract for any such staff members may be
17 terminated without cause, by the individual employing Supervisor or by action of
the Board of Supervisors by four votes.
18
Section 2110. Removal of a Supervisor.
19
Any Supervisor may be removed from office in the manner provided by law.
20
21 Section 2121. Rules of Order.

22 The Board of Supervisors shall adopt by ordinance, from time to time, rules of
order for the conduct of meetings of the Board of Supervisors.
23
24 SECTION III. Information regarding Measure “K” which was approved by the voters
on November 3, 2020 but has not taken effect.
25
A. Measure “K” was found unconstitutional by the San Bernardino County
26 Superior Court in Board of Supervisors v. Monell (Case No.:
27 CIVSB2025319). The case is currently on appeal and as of July 26, 2022,
there is no final decision on the appeal.
28

11
1 B. Measure “K” seeks to amend the San Bernardino County Charter to
include the following language:
2
i. “At each general election, there shall be elected two or three
3 supervisors, as the case may be, for a term of four years beginning at
noon on the first Monday in December next following their election and
4 ending at noon on the first Monday in December four years thereafter.
Supervisors shall be elected from the First, Third, and Fifth
5
Supervisorial Districts in those years in which a presidential election is
6 held, and supervisors shall be elected from the Second and Fourth
Supervisorial Districts in those years in which a gubernatorial election
7 is held. No person shall be elected and qualified for the office of
member of the Board of Supervisors if such person has been elected
8
or served in such office for one term. This shall apply to all
9 Supervisors of all Districts beginning in December 2020. The limitation
on terms shall not apply to any unexpired term to which a person is
10 elected or appointed if the remainder of the unexpired term to which a
person is elected or appointed is less than one-half of the full four-year
11
term of office.”
12 ii. “The total compensation of each member of the Board of Supervisors
shall be five thousand dollars ($5,000.00) per month, which amount
13 shall include the actual cost to the County of all benefits of whatever
kind or nature including but not limited to salary, allowances, credit
14 cards, health insurance, life insurance, leave, retirement,
15 memberships, portable communications devices, and vehicle
allowances. This compensation shall be in full compensation for all
16 services by the respective member of the Board of Supervisors. The
forgoing compensation provisions shall not be changed except by a
17 vote of the people at the time of a general election.”
18
C. If the proposed Charter Amendments in Section II of this Measure are
19 approved, they would replace the provisions contained in Measure “K”.
20
21 SECTION IV. Effective Date

22 A. To the extent permitted by law, the provision of these Charter Amendments


shall be effective upon voter approval of the initiative as provided by California
23 law.
24 B. On the effective date of this measure as provided by California law (the
“Effective Date”), all provision of this amendment are inserted into and become
25 part of the San Bernardino County Code of Ordinances.
C. No provision of the San Bernardino County Code of Ordinances that is
26 inconsistent with this measure shall be enforced after the Effective Date.
27
28 SECTION V. Severability

12
1
If any word or words of this measure, or its application to any situation, are held
2
invalid or unenforceable, in a final judgment that is no longer subject to rehearing, review,
3 or appeal by a court of competent jurisdiction, then that word or those words are severed
and the remaining part of this measure, and the application of any part of this measure to
4 other situations, shall continue in full force and effect. We, the people of San Bernardino
County, declare that we would have adopted this measure, and each word to it,
5
irrespective of the fact that any other condition, word, or application to any situation, be
6 held invalid.

7 SECTION VI. Determining Consistency


8
A. To ensure that the intent of this measure prevails and is subject to express,
9 objective standards that cannot be changed through subsequent discretionary
actions or interpretations, words shall be incorporated according to the intent
10 expressed in this measure and shall be applied in accordance with their plain
meaning, rather than according to any contrary provisions or interpretation of
11
the Charter of San Bernardino County.
12 B. Adoption of this measure is essential to the preservation of the quality of life,
property, values, and the health, safety, and general welfare interests of
13 residents and property owners within San Bernardino County.
14
15 SECTION VII. Conflicting Measures

16 If any measure, appearing on a future ballot, addresses the issues of Supervisor


terms or Supervisor compensation, in a way that conflicts with the treatment of these
17 subjects in this measure, and if that measure is approved by a majority vote of those
18 voting on the measure, then Section 207 (on taxation) of the Charter of San Bernardino
County will be repealed.
19
20 SECTION VIII. Amendment
21 No term or provision of this measure may be changed or amended without a
22 majority vote of the people on a ballot measure submitted to the electorate at a county-
wide general election.
23
24
25
26
27
28

13

You might also like