HomeMy WebLinkAboutResolution No. 22-8108 - Calling for the holding of a Special Municipal Election on January 31, 2023 for Submission of Question of Recall D3RESOLUTION OF • OF OF DOWNEY CALLING
FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY,
2023 FOR THE SUBMISSIONOF QUESTION OF
RECALL OF OFFICERS
WHEREAS, under the provisions of the law relating to charter cities in the State of
California, a recall petition was timely filed demanding the recall of City Council Member
Catherine Alvarez, representing Council District 3; and
WHEREAS, the petition was signed by more than twenty (20) percent of the registered
voters of Council District 3 in the City of Downey ("City"); and
WHEREAS, the City of Downey is a California charter city exercising Constitutional "home
rule" powers over local elections and, therefore, has the legal authority to set different rules for its
local elections than as provided in State law; and
WHEREAS, under the State law statutory scheme (California Elections Code Sections
11320 & 11322), recall elections typically put two questions to the voters at the same special
election: (i) shall the officer be recalled from office and, (ii) if so, who shall replace the officer?;
and
WHEREAS, however Section 503 of the City Charter provides as follows:
"VACANCIES. A vacancy caused by a recall election shall be filled by the voters
within the district in which the vacancy occurs. The election of an eligible candidate
to fill such vacancy shall occur after the recall election"; and
WHEREAS, therefore the City of Downey, exercising its Charter authority, has provided
that the question of recalling a Councilmember shall appear on one special election and, if the
officer is recalled at that election, a subsequent election shall be held to elect the officer's
replacement; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
recall to the voters of Council District 3 in the City;
• - i' • i0 • of I r•
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to charter cities, there is called and ordered to be held in the Council District 3 in the City
of Downey, Los Angeles County, California, on Tuesday, January 31, 2023, a Special Municipal
Election for the purpose of submitting the question of the recall of City Councilmember Catherine
Alvarez.
SECTION 2. That on the ballots to be used at the election, in addition to any other
matters required by law, there shall be printed substantially the following:
Shall Catherine Alvarez be recalled (removed) from the office of YES
City Councilmember, Council District 3 of the City of Downey? ..................
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SECTION 3. Pursuant to California Elections Code §11327, Councilmember Alvarez
may file a statement of not more than two hundred (200) words with the elections official in
accordance with Elections Code §13307, to be sent to each voter, together with the voter
information guide.
SECTION 4. That the ballots to be used at the election shall be in form and content as
required by law,
SECTION 5. That the City Clerk, through the Los Angeles County Registrar of Voters, is
authorized, instructed and directed to procure and furnish any and all official ballots, notices,
printed matter and all supplies, equipment and paraphernalia that may be necessary in order to
properly and lawfully conduct the election.
SECTION 6. That the precincts, ballot drop box locations and hours of operations, vote
center locations and hours of operations, vote -by -mail procedures and timing, and election
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as those utilized by the County of Los Angeles.
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SECTION 8. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the election,
in time, form and manner as required by law.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED this 1 1th day of Olcto
PACHECO. Mayor
ATTEST:
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a Regular meeting held on the 11 th day of October, 2022, by the following vote,
to wit:
AYES:
Council Members:
Frometa, La Plante, Trujillo, Mayor Pachect
NOES:
Council Members:
None.
ABSENT:
Council Members:
None.
ABSTA
ouncil Members:
Alvarez
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City Clerk