CHARTER ARTICLE V. ELECTIVE OFFICERS

The elective officers of the City shall be a Mayor, an Auditor, eight (8) Councilmembers, five (5) School Directors and nine (9) Rent Board Commissioners.

The Council shall consist of the Mayor and eight (8) Councilmembers, each of whom, including the Mayor, shall have the right to vote on all questions coming before the Council.

The Board of Education shall consist of five (5) School Directors, each of whom shall have the right to vote on all questions coming before the Board; provided, however, that the Mayor shall serve as a School Director with the right to vote on all questions coming before the Board for the four (4) year term commencing July 1, 1951.

The Mayor, Auditor and School Directors shall be elected at the general municipal election on a general ticket from the City at large.

The Councilmembers shall be elected at the general municipal election by districts. The Councilmembers shall be recalled by districts.

The City is hereby divided into eight Council districts as hereinafter set forth, and, commencing with the general municipal election in November, 1986 and continuing thereafter until new districts are established as hereinafter set forth, such districts shall be used for the election and recall of Councilmembers and for filling any vacancy in the office of Councilmember by appointment. If and when new districts are established, as hereinafter provided, such new districts shall be used for the aforesaid purposes; provided, however, that no change in the boundary or location of any district by redistricting as herein provided shall operate to abolish or terminate the term of office of any Councilmember for which such Councilmember was elected or appointed. The eight Council districts, as established herein, shall be bounded and described as follows:

FIRST COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley commencing on the point at the center of the intersection of University Avenue and Grant Street, thence northerly along the center line of Grant Street to the center of the intersection of Vine Street; thence westerly along the center line of Vine Street to the center of the intersection of Vine Street and Edith Street; thence northerly along the center line of Edith Street to the center of the intersection of Edith Street and Rose Street; thence westerly along the center line of Rose Street to the center of the intersection of Rose Street and Sacramento Street; thence northerly along the center line of Sacramento Street to the center of the intersection of Sacramento Street and Hopkins Street; thence easterly along the center line of Hopkins Street to the center of the intersection of Hopkins Street and Hopkins Court; thence westerly along the center line of Hopkins Court to the center of the intersection of Hopkins Court and Albina Avenue; thence northerly along the center line of Albina Avenue to the northern boundary line of the City of Berkeley; thence westerly along said northern boundary line to the western boundary line of the City of Berkeley in the San Francisco Bay; thence southerly along said western boundary line to where it intersects with a line which is a direct extension of the center line of University Avenue; thence easterly along said extension line and along the center line of University Avenue to the point of beginning.

SECOND COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley commencing on the point on the western boundary line of the City of Berkeley in the San Francisco Bay where an extension of the center line of University Avenue would intersect said western boundary line; thence southerly along said western boundary line to the southern boundary line of the City of Berkeley; thence easterly along said southern boundary line to the intersection of said southern boundary line and the center line of California Street; thence northerly along the center line of California Street to the center of the intersection of California Street and Ashby Avenue; thence westerly along the center line of Ashby Avenue to the center of the intersection of Ashby Avenue and Sacramento Street; thence northerly along the center line of Sacramento Street to the center of the intersection of Sacramento Street and University Avenue; thence westerly along the center line of University Avenue, and along an extension of said center line, to the point of beginning.

THIRD COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley commencing on the point where the southern boundary line of the City of Berkeley intersects the center line of California Street; thence easterly along said southern boundary line to the intersection of said southern boundary line and the center line of Deakin Street; thence northerly along the center line of Deakin Street to the center of the intersection of Deakin Street and Ashby Avenue; thence easterly along the center line of Ashby Avenue to the center of the intersection of Ashby Avenue and Ellsworth Street; thence northerly along the center line of Ellsworth Street to the center of the intersection of Ellsworth Street and Dwight Way; thence westerly along the center line of Dwight Way to the center of the intersection of Dwight Way and Sacramento Street; thence southerly along the center line of Sacramento Street to the center of the intersection of Sacramento Street and Ashby Avenue; thence easterly along the center line of Ashby Avenue to the center of the intersection of Ashby Avenue and California Street; thence southerly along the center line of California Street to the point of beginning.

FOURTH COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley commencing on the point at the center of the intersection of Ellsworth Street and Dwight Way; thence northerly along the center line of Ellsworth Street to the center of the intersection of Ellsworth Street and Channing Way; thence westerly along the center line of Channing Way to the center of the intersection of Channing Way and Fulton Street; thence northerly along the center line of Fulton Street to where it becomes Oxford Street and continuing along the center line of Oxford Street to the center of the intersection of Oxford Street and Hearst Avenue; thence easterly along the center line of Hearst Avenue to the center of the intersection of Hearst Avenue, Arch Street and Le Conte Avenue; thence northerly along the center line of Arch Street to the center of Arch Street and Cedar Street; thence westerly along the center line of Cedar Street to the center of the intersection of Cedar Street and Spruce Street; thence northerly along the center line of Spruce Street to the center of the intersection of Spruce Street and Vine Street; thence westerly along the center line of Vine Street to the center of the intersection of Vine Street and Martin Luther King Jr. Way; thence southerly along the center line of Martin Luther King Jr. Way to the intersection of Martin Luther King Jr. Way and Cedar Street; thence westerly along the center line of Cedar Street to the center of the intersection of Cedar Street and Grant Street; thence southerly along the center line of Grant Street to the center of the intersection of Grant Street and University Avenue; thence westerly along the center line of University Avenue to the center of the intersection of University Avenue and Sacramento Street; thence southerly along the center line of Sacramento Street to the intersection of Sacramento Street and Dwight Way, thence easterly along the center line of Dwight Way to the point of beginning.

FIFTH COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley commencing on the point at the center of the intersection of Spruce Street and Vine Street; thence northerly along the center line of Spruce Street to the center of the intersection of Spruce Street and Grizzly Peak Blvd; thence northerly along the center line of Grizzly Peak Blvd. to the northern boundary line of the City of Berkeley; thence westerly and thence southerly along said northern boundary line to the intersection of said boundary line with the center line of Albina Avenue; thence southerly along the center line of Albina Avenue to the center of the intersection of Albina Avenue and Hopkins Court; thence easterly along the center line of Hopkins Court to the center of the intersection of Hopkins Court and Hopkins Street; thence westerly along the center line of Hopkins Street to the center of the intersection of Hopkins Street and Sacramento Street; thence southerly along the center line of Sacramento Street to the center of the intersection of Sacramento Street and Rose Street; thence easterly along the center line of Rose Street to the center of the intersection of Rose Street and Edith Street; thence southerly along the center line of Edith Street to the center of the intersection of Edith Street and Vine Street; thence easterly along the center line of Vine Street to the center of the intersection of Vine Street and Grant Street; thence southerly along the center of Grant Street to the center of the intersection of Grant Street and Cedar Street; thence easterly along the center line of Cedar Street to the center of the intersection of Cedar Street and Martin Luther King Jr. Way; thence northerly along the center line of Martin Luther King Jr. Way to the center of the intersection of Martin Luther King Jr. Way and Vine Street; thence easterly along the center line of Vine Street to the point of beginning.

SIXTH COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley commencing on the point at the center of the intersection of Arch Street, Le Conte Avenue and Hearst Avenue; thence easterly along the center line of Hearst Avenue, and along a direct extension of the center line of Hearst Avenue, to the point where it intersects the boundary line of the campus of the University of California, which boundary line is also the boundary line of federal census tract number 4226, thence northerly, and thence easterly, along said boundary line to where it intersects the eastern boundary line of the City of Berkeley; thence northerly along said eastern boundary line to the intersection of said boundary line and the center line of Grizzly Peak Blvd.; thence southerly along the center line of Grizzly Peak Blvd. to the center of the intersection of Grizzly Peak Blvd. and Spruce Street; thence westerly and southerly along the center line of Spruce Street to the center of the intersection of Spruce Street and Cedar Street; thence easterly along the center line of Cedar Street to the center of the intersection of Cedar Street and Arch Street; thence southerly along the center line of Arch Street to the point of beginning.

SEVENTH COUNCIL DISTRICT shall comprise all that portion of the City of Berkeley commencing at the point on the southern boundary line of the City of Berkeley where it intersects the center line of Deakin Street; thence easterly along said southern boundary line to the intersection of said southern boundary line and the center line of College Avenue; thence northerly along the center line of College Avenue to the center of the intersection of College Avenue and Ashby Avenue; thence westerly along the center line of Ashby Avenue to the center of the intersection of Ashby Avenue and Benvenue Avenue; thence northerly along the centerline of Benvenue Avenue to the center of the intersection of Benvenue Avenue and Parker Street; thence easterly along the center line of Parker Street to the center of the intersection of Parker Street and College Avenue; thence northerly along the center line of College Avenue to the center of the intersection of College Avenue and Bancroft Way; thence easterly along the center line of Bancroft Way to the center of the intersection of Bancroft Way, Piedmont Avenue and Gayley Road; thence northerly along the center line of Gayley Road to the center of the intersection of Gayley Road and Hearst Avenue; thence westerly along the centerline of Hearst Avenue to the center of the intersection of Hearst Avenue and Oxford Street; thence southerly along the center line of Oxford Street to where it becomes Fulton Street and continuing southerly along the center line of Fulton Street to the center of the intersection of Fulton Street and Channing Way; thence easterly along the center line of Channing Way to the center of the intersection of Channing Way and Ellsworth Street; thence southerly along the center line of Ellsworth Street to the center of the intersection of Ellsworth Street and Ashby Avenue; thence westerly along the center line of Ashby Avenue to the center of the intersection of Ashby Avenue and Deakin Street; thence southerly along the center line of Deakin Street to the point of beginning.

EIGHTH COUNCIL DISTRICT shall comprise all of that portion of the City not otherwise described as constituting the First, Second, Third, Fourth, Fifth, Sixth and Seventh Council Districts.

The Council shall, by ordinance, adjust if necessary the boundaries of the Council districts herein set forth by December 31st of the third year following the year in which each decennial federal census is taken, commencing with the 2010 census, as provided and required in the Constitution and statutes of the State of California and in order that the eight Council districts shall continue to be as nearly equal in population as may be according to said census. Any such redistricting shall preserve, to the extent possible, the Council districts originally established herein and shall become effective as of the next general election of Councilmembers immediately following the effective date of said ordinance.

Commencing with the general municipal election in November 1986, each Councilmember shall be elected by the electors within a Council district, must have resided in the District in which he or she is elected for a period of not less than thirty days immediately preceding the date he or she files a declaration of candidacy for the office of Councilmember, must continue to reside therein during his or her incumbency, and shall be removed from office upon ceasing to be such resident.

The candidate receiving the highest number of votes for the offices, respectively, of Mayor, Auditor and Councilmembers of the City shall be elected to such offices, provided that such candidate receives at least 40% of the votes cast for each such office. In the event that no candidate for Mayor, Auditor and Councilmember for one or more Council offices receives at least 40% of the votes cast for that office, then there shall be a runoff election between the two candidates receiving the most votes, which runoff election shall be held on the first Tuesday after the first Monday in February of the odd numbered year following the initial election. No other issues shall appear on the ballot of any runoff election. The successful candidate in any runoff election shall assume office on March 1, after the election results have been declared by the Council.

Should any provision of the amendment of this section be held invalid, the remainder of the amendment shall not be affected thereby.

Section 10. Eligibility of Mayor, Auditor, Councilmember, and School Director.

To be eligible for the office of Mayor, Auditor, Councilmember, or School Director, a person must, at the time of filing nomination papers for the office, be a citizen of the United States and a qualified elector of the State of California and of the City of Berkeley.

(a) If the unexpired term is less than one year, the remaining members of the Council shall elect a successor with requisite qualifications to fill the vacancy for the unexpired term. Vacancies shall be filled only at a regular meeting of the Council after reasonable notice of intent to fill the vacancy has been given to all remaining members of the Council by any Councilmember by placement on the agenda. Should the Council fail to fill any vacancy within 60 days after its occurrence, the Council shall, within 10 days, order a special municipal election, to be held not less than 60 nor more than 90 days after the date of the order; provided, however, if any regular statewide or general municipal election is to be held in the City not more than 180 days or less than 80 days from the date of the occurrence of the vacancy in the case of a regular statewide election, or not more than 180 days nor less than 60 days from the date of the occurrence of the vacancy in the case of a general municipal election, then the vacancy shall not be filled by the Council nor by special election, but at said regularly occurring election.

(b) If the unexpired term is for one year or more, the vacancy shall be filled by special election, to be called by the Council within ten days after the occurrence of the vacancy and to be held not less than 60 nor more than 90 days after the date of the order; provided, however, if any regular statewide or general municipal election is to be held in the City not more than 180 days nor less than 80 days from the date of the occurrence of the vacancy in the case of a regular statewide election, or not more than 180 days nor less than 60 days from the date of the occurrence of the vacancy in the case of a general municipal election, then the vacancy shall not be filled by special election, but at said regularly occurring election.

(2) If at any municipal election a Mayor or the required number of Councilmembers be not elected by reason of a tie vote among any of the candidates therefor, then the Council, after the qualification of the persons, if any, elected thereto at such election, shall appoint one of the persons receiving such tie vote to fill such office. In such case the person so appointed shall hold office, subject to the provisions of the Recall, to and including the April 30th following the next general municipal election.

If a vacancy shall occur in the office of Auditor, the Council shall appoint a person to fill such vacancy. If at any municipal election an Auditor be not elected by reason of a tie vote among any of the candidates therefor, then the Council, after the qualification of the persons, if any, elected thereto at such election, shall appoint one of the persons receiving such tie vote to fill such office as in the case of a vacancy therein. In such case the person so appointed shall hold office, subject to the provisions of the Recall, to and including the June 30th following the next general municipal election.

(1) If a vacancy shall occur in the office of Rent Stabilization Board Commissioner:

(a) An election shall be held at the next feasible general municipal election to elect a successor, as provided in subsection (b). In the interim, the remaining members of the Rent Stabilization Board shall appoint a successor with requisite qualifications to fill the vacancy until such election. Such interim appointment shall be made only at a regular meeting of the Rent Stabilization Board after reasonable notice of intent to fill the vacancy has been given to the remaining members of the Board by any Rent Stabilization Board Commissioner by placement on the Rent Stabilization Board agenda. The term of such appointed Commissioner shall expire on November 30 of the year that an election is held to elect a successor, as provided in subsection (b).

(b) If the vacancy occurs within the first two years of the four year term of the office being vacated, and there is sufficient time to nominate and elect a successor at the next general municipal election, the Commissioner elected shall serve the remaining two years of the term of the vacated office. At any general municipal election that includes an election to fill the unexpired term of a Rent Stabilization Board Commissioner, the Commissioner elected with the fewest votes shall serve the remaining two years of the unexpired term. If the vacancy occurs after the first two years of the four year term of the vacated office, the election for that office shall be held at the next general municipal election as required by this Charter even if the office was not vacant.

(2) If at any municipal election the required number of Rent Stabilization Board Commissioners are not elected by reason of a tie vote among any of the candidates, then the Rent Stabilization Board, after the qualification of the persons, if any, elected at the election, shall appoint the necessary number of the persons receiving the tie vote to fill any office vacant by reason of the tie vote. In this case, any person so appointed shall hold office, subject to the provisions of a recall, to and including November 30, following the next general municipal election.

If a vacancy shall occur in the office of School Director, the Board of Education shall appoint a person to fill such vacancy. If at any municipal election a School Director be not elected by reason of a tie vote among any of the candidates therefor, then the Board of Education, after the qualification of the persons, (if any, elected thereto at such election, shall appoint one of the persons) receiving such tie vote, to fill such office as in case of a vacancy therein. In each case the person so appointed shall hold office, subject to the provisions of the Recall, to and including the April 30th following the next general municipal election.

The Mayor shall hold office for a term of four years from and after the first day of December after his or her election is certified by the City Clerk and until a successor is elected and qualified. However, the term of the Mayor elected in the November 2006 general municipal election shall expire on the first day of December, 2008 after a successor is elected in the November, 2008 general municipal election. Thereafter, mayoral elections shall coincide with presidential elections.

The Auditor shall hold office for a term of four years from and after the first day of December after his or her election is certified by the City Clerk and until a successor is elected and qualified. However, the term of the Auditor elected in the April, 1979 general municipal election shall expire on the first day of December, 1982 after a successor is elected in the November, 1982 general municipal election.

Except as provided in this section, Councilmembers shall hold office for a term of four years from and after the first day of December after their election is certified by the City Clerk and until their successors are elected and qualified. However, the terms of the Councilmembers elected in the November, 1994 general municipal election shall expire on the first day of December, 1996 after their successors are elected and qualified in the November, 1996 general municipal election. In addition, four of the eight Councilmembers elected at the November, 1996 general municipal election shall serve two year terms which shall expire on the first day of December, 1998 after their successors are elected and qualified in the November, 1998 general municipal election. The remaining four Councilmembers elected at the November, 1996 general municipal election shall serve four year terms which shall expire on the first day of December 2000, until their successors are elected and qualified in the November 2000 general municipal election.

At the City Council meeting which occurs immediately after the effective date of this charter amendment establishing four year terms commencing with the November 1996 general municipal election, the City Clerk shall conduct a drawing by lot to determine the four Council districts in which Councilmembers shall serve the two year terms which expire on the first day of December, 1998. In the remaining Council districts, the Councilmembers from those districts shall serve four year terms commencing with the November, 1996 general municipal election. Commencing with the November, 1998 general municipal election, and at each general municipal election thereafter, each Councilmember elected at each general municipal election shall serve a four year term.

The School Directors shall hold office for a term of four (4) years from and after the first day of December after their election and until their successors are elected in the November, 1982 general municipal election, and the terms of the School Directors elected in the April, 1981 general municipal election shall expire on the first day of December, 1984 after their successors are elected in the November, 1984 general municipal election.

At the general municipal election of November, 1982, and at each second general municipal election thereafter, three School Directors shall be elected; and at the general municipal election of November, 1984, and at each second general municipal election thereafter, two School Directors shall be elected.

The Mayor, the Auditor, each Councilmember and each School Director shall, before entering upon the duties of their respective offices, be covered by an official bond with a surety company as sole surety.

The Council shall, by ordinance, fix the form, conditions, terms and amounts of the official bond or bonds of all officers and employees of the City who are required by this Charter or by ordinance to be covered by such bond or bonds.

A blanket or master official bond, or other form of blanket or master bond may be used which shall provide coverage on more than one officer or employee.

All bonds shall be approved by the City Attorney as to form and shall be filed with the City Clerk.

The premium on any official bond or bonds providing coverage for any officer or officers or employee or employees and executed by a corporate surety shall be paid by the City.

Every officer of the City, including the City Manager, before entering upon the duties of their respective offices, shall take the oath of office as provided for in the Constitution of this State, and shall file the same with the City Clerk.

The Councilmembers shall receive remuneration for the performance of their official duties at the rate of up to $1,800 per month, and the Mayor shall receive up to $2,850 per month, effective the Council term beginning in December 1998. Such amount shall be adjusted upward by the increase in the cost of living for the San Francisco Bay Area as verified by official United States economic reports. Either the Mayor or any Councilmember may, at his or her sole discretion, reduce the remuneration paid himself or herself. In any such case, the difference between the reduced amount actually paid to such Mayor or Councilmember and the amount of remuneration authorized by this Article shall be appropriated as part of the budget of the Mayor or Councilmember taking the voluntary reduction in remuneration and such differential may be expended for any purpose otherwise authorized for the expenditure of sums so budgeted. If the Mayor or any member of the Council is absent from one or more regular meetings of the Council during any calendar month, unless excused by the Council in order to attend to official business of the City, or unless excused by the Council as a result of illness from attending no more than two regular meetings in any calendar year, he or she shall be paid for each regular meeting attended during such months in an amount equal to the monthly remuneration divided by the number of regular meetings held during such month.

The Auditor shall receive such salary as may be fixed by the Council, provided, however, that said salary shall not be less than $3,600.00 per annum.

The School Directors shall receive remuneration for the performance of their official duties at the rate of $1,500 per month, effective the School Board term beginning in December, 2002. Any School Director absent from one or more regular meetings of the Board of Education during any calendar month unless excused by the Board in order to attend to official business of the Board, shall be paid for each regular meeting of the Board attended during such month an amount equal to the monthly remuneration divided by the number of regular meetings held during each month. Any School Director may, at his or her sole discretion, reduce the remuneration paid himself or herself. In any such case, the difference between the reduced amount actually paid to such Director and the amount of remuneration authorized by this Article may be used by such Director for the expenses of conducting official business. The City Council is authorized and directed to increase the remuneration authorized by this chapter for School Directors by the cost of living in the immediate San Francisco Bay Area.

The City Council or, when authorized by ordinance, any subcommittee of the Council, Board, Commission or Committee, shall have the power to subpoena witnesses, take testimony under oath and require the production of records by subpoena. Every elected officer, every department head and every member of any such Board, Commission or Committee, when authorized by such Board, Commission or Committee, shall have the power to administer oaths and affirmations. The Chief of Police must, on request of any such body, detail a police officer or officers to serve such subpoena. Any person so subpoenaed who neglects or refuses to appear, to produce any records or refuses to testify or answer any question, which a majority of such body shall decide to be proper and pertinent, shall be subject to contempt proceedings brought in accordance with the general laws of the State.

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City Clerk Department
2180 Milvia Street, Berkeley, California 94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
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E-mail: clerk@ci.berkeley.ca.us

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