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Article 3. Reorganization Proceedings of California Government Code >> Division 1. >> Title 5. >> Part 2. >> Chapter 5. >> Article 3.
Reorganization proceedings pursuant to this chapter shall be
deemed to have commenced with the appointment of the charter
commissioners by the county and largest city.
The charter commissioners shall propose a charter for the
government of the City-County of Sacramento. The charter so prepared
shall be signed by a majority of the charter commissioners and shall
be filed in the office of the clerk of the largest city and in the
office of the county clerk. The legislative body of the county shall,
within 15 days after such filing, cause such charter to be published
once in a newspaper of general circulation printed and published in
the county and in each edition thereof, during the day of
publication.
The legislative body of the county shall cause copies of the
charter to be printed in convenient pamphlet form and in type of not
less than 10-point and shall cause copies to be mailed to each of
the qualified electors of the county and cities, and shall, until the
day fixed for the election upon reorganization and adoption of the
charter, advertise in one or more newspapers of general circulation
in the county a notice that copies may be had upon application
therefor.
The proposed charter shall be submitted to the electors of
the entire county (including all cities) at a date to be fixed by the
charter commissioners before filing the proposed charter, either at
a special election held not less than 60 days from the completion of
the publication of such charter as provided in Section 51921, or at
the general election next following the expiration of said 60 days.
In submitting any such charter, the charter commissioners
may also submit separate propositions, whether alternative or
conflicting, or one included within the other, at the same time to be
voted on by the electors separately, and, as between those so
related, if more than one receives a majority of the votes, the
proposition receiving the largest number of votes shall control as to
all matters in conflict.
The charter as adopted at the election by a majority of the
electors of the entire county (including all cities) voting thereon
and by a majority of the electors of the largest city voting thereon
shall be the governing law of the reorganized city-county.
At the election, the questions of reorganization and
adoption of a charter shall both be presented as provided in Section
51929. In addition, there shall also be presented to the voters of
each of the other cities as a separate proposition, as provided in
Section 51929.5, the question of whether the city should retain its
existing local governmental structure under the reorganized
government as set forth in the charter. This separate question shall
follow on the ballot the propositions submitting the charter and
separate charter proposals, if any.
The legislative body of the county shall cause notice of the
election to be given by publication in a newspaper of general
circulation printed and published in the county, at least once a week
for the four weeks prior to the election.
The notice shall:
(a) State distinctly the proposition or propositions to be submitted.
(b) State the names of the cities and the county proposed to be consolidated in a reorganized government.
(c) State the date of the election.
(d) Instruct the electors how to vote in the election.
(e) Designate the voting precincts and places at which polls will be open.
(a) State distinctly the proposition or propositions to be submitted.
(b) State the names of the cities and the county proposed to be consolidated in a reorganized government.
(c) State the date of the election.
(d) Instruct the electors how to vote in the election.
(e) Designate the voting precincts and places at which polls will be open.
Upon the ballots used at the election shall be printed the
words: "Shall the city (or cities) of (naming them) and the County of
Sacramento be reorganized and consolidated and shall the proposed
Charter of the City-County of Sacramento be adopted as the governing
law of the City-County of Sacramento?"
Opposite and to the right of these words, the words "Yes" and "No"
shall be printed on separate lines, with voting squares. Each
proposition separately submitted shall also be similarly presented to
the electors.
Upon the ballots used at the election within each of the
other cities proposed to be reorganized and consolidated with the
County of Sacramento shall also be printed the words as a separate
question or proposition: "If the proposed Charter of the City-County
of Sacramento is adopted as the governing law of the City-County of
Sacramento, shall the City of ____ retain its local governmental
structure?"
The charter of the city-county adopted pursuant to this
chapter shall contain provisions which recognize the right of the
voters of the other cities to elect to retain their own local
governmental structure within the governmental structure of the
city-county.
If, voting on a proposition presented pursuant to Section
51929, an elector stamps a cross in the voting square after the word
"Yes," his vote shall be counted for reorganization and charter
adoption, and if he stamps a cross in the voting square after the
word "No," his vote shall be counted against reorganization and
charter adoption.
On each proposition separately submitted, including the
proposition presented pursuant to Section 51929.5, if an elector
stamps a cross in the voting square after the word "Yes," his vote
shall be counted for the adoption of the proposition, and if he
stamps a cross in the voting square after the word "No," his vote
shall be counted against the adoption of the proposition.
Except as otherwise provided in this article, the election,
if a special election, shall be conducted as other special elections
in the county or, if a general election, as other general elections
in the county. Notwithstanding any other provision of law, the
analysis of the proposed charter, prepared pursuant to Section 9160
of the Elections Code, shall not exceed 1,500 words.
After performing their duties, the election officers shall
deliver the ballots, tally sheets, and returns to the clerk of the
county.
At its next regular meeting following the election, the
legislative body of the county shall canvass the returns. The canvass
shall be completed at the meeting if practicable, or as soon as
possible thereafter, avoiding adjournments.
Immediately upon the completion of the canvass, the
legislative body of the county shall declare the results and cause a
record to be entered upon its minutes, stating the proposition or
propositions submitted, the number of votes cast, and the number of
votes cast for and against reorganization and the adoption of the
charter and on each separately stated proposition. The votes cast for
and against each question in each city shall also be stated.
If a majority of the votes cast in the largest city or if a
majority of the votes in the county as a whole (including the largest
city and the other cities) is against reorganization and charter
adoption, reorganization shall not be accomplished, the charter shall
not be adopted, and proceedings for the reorganization of the cities
and county shall not be initiated within fifteen (15) days after the
result of the election has been declared.
If a majority of the votes cast in both the largest city and
in the county as a whole (including the largest city and the other
cities) is for consolidation and charter adoption, reorganization
shall be deemed approved and the charter adopted, and the clerk of
the legislative body of the county shall forthwith prepare under
seal, and deliver to the clerk of the legislative body of each of the
cities and to the county clerk, a copy in duplicate of the record of
the canvass, with a statement of the proposition or propositions
submitted, at the election.
A copy of the record of the canvass, with a statement of the
proposition or propositions submitted at the election shall be filed
with the Secretary of State.
Upon the filing with the Secretary of State of the Charter
of the consolidated City-County of Sacramento which has been approved
by the Legislature pursuant to Section 3 of Article XI of the
California Constitution, the reorganization is complete and the
cities and counties are reorganized and consolidated into the
City-County of Sacramento as provided in the charter and in
accordance with Sections 51939.1 and 51940.
The provisions of Sections 51940 through 51947, inclusive,
shall not apply to any of the other cities which has voted, pursuant
to Section 51929.5, to retain its existing local governmental
structure, or to any districts such as special assessment districts
created by and governed by the legislative bodies of such other
cities; provided, however, that the Charter of the City-County of
Sacramento shall have effect throughout the entire county with
respect to county government powers and jurisdiction.
The procedures set forth in this article shall have
validity and effect and shall be followed only in the event that an
amendment to the California Constitution is adopted by the voters of
the state as proposed in Assembly Constitutional Amendment No. 91 of
the 1973 legislative session.
