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RESOLUTION NO. 2014-6
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AMENDING RESOLUTION NO. 2010-
197 AS AMENDED IN RESOLUTION 2012-27 AND 2012-75,
ESTABLISHING A POLICY ENTITLED "COUNCIL
RESIDENCY ACT" TO ENHANCE COUNCIL RESIDENCY
REQUIREMENTS.
WHEREAS, the Council for the City of Fresno adopted the Council Residency Act in
Resolution No. 2010-197 and as amended in Resolution No. 2012-27 and 2012-75 (collectively,
"Council Residency Act"); and
WHEREAS, the Council desires to amend the Council Residency Act.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno that the
Council Residency Act is hereby amended as follows:
SECTION 1. ARTICLE VI, VERIFYING RESIDENCY FOR COUNCILMEMBERS,
Section 7 is added to read:
Incumbent councilmembers who have not relocated since the information required by this
Article was last provided may comply with this Article by supplying a copy of a current
driver's license and an affidavit that they have not relocated and all previously supplied
information remains true and correct.
[remainder of Article VI remains unchanged.]
SECTION 2. The full text of the Council Residency Act, as amended, is attached as
Exhibit"A."
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Date Adopted: 01/09/2014
Date Approved: 01/09/2014
Effective Date: 01/09/2014 Resolution 2014-6
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SECTION 3. This resolution shall become effective upon date of final passage. For the
year 2013, councilmembers who comply by affidavit pursuant to this amendment shall provide
such affidavit by January 31, 2014.
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the
9th day of January , 2014.
AYES Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau
NOES None
ABSENT None
ABSTAIN None
Mayor Approval: JanuM 9 92014
Mayor Approval/No Return: N/A , 2014
Mayor Veto: N/A , 2014
Council Override Vote: NJA 12014
YVONNE SPENCE, CMC
City Clerk
BY: JL•�C.�
DeputyAPPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
B -
erine B. Doerr
upervising Deputy City Attorney
KBD:elb[63698elb/kbd]Reso 1/9/14
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CITY OF FRESNO
COUNCIL RESIDENCY ACT
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January 9, 2014
The following policies are enacted to help insure that City Council candidates and
current City Councilmembers reside in the district they will or do represent.
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ARTICLE I
DEFINITIONS
At Large Municipal Elections
In at large elections, all voters can vote for all seats up for election. At large elections
allow a simple majority of the voters to elect all of the seats in a local election. This can
result in disenfranchisement of the local electorate and elected bodies not in compliance
with applicable law. Prior to 1981, City Council seats in Fresno were contested in at
large elections.
City
"City" means the City of Fresno, a municipal corporation.
District Municipal Elections
A jurisdiction is divided into districts and one member is elected per district. Only the
voters in a specific City Council district may vote for City Council candidates in that
district.
Fresno City Charter Section 304
This Charter Section provides that no person shall be eligible to hold an elective office
unless that person is, and has been for a period of at least 30 days immediately
preceding the filing of nomination papers for such office or appointment of such office, a
resident of the City, and has been at the time of assuming such office, an elector of the
City.
Fresno City Charter Section 304.1
City of Fresno Charter Section 304.1 took effect on all municipal elections after 1981. It
provides that no person shall be eligible to hold elective office as a Councilmember
unless that person is, and has been for a period of at least thirty days immediately
preceding the filing of nomination papers for such office or appointment to such office, a
resident within the Council district corresponding in number to the office to which that
person is elected or appointed.
Municipal Ordinance
A Municipal Ordinance is a law of local application. Local ordinances are adopted by
the City Council and enforced by the City Manager and staff of local government.
Voting Rights Act of 1965
The National Voting Rights Act of 1965 outlawed discriminatory voting practices for the
widespread disenfranchisement of minorities in the United States. The Act established
extensive federal oversight of elections administration, providing that states and local
governments with a history of discriminatory voting practices could not implement any
change affecting voting without first obtaining the approval of the Department of Justice,
a process known as preclearance.
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ARTICLE II o9sr4�nr,i `R ti
PURPOSE OF ACT
Prior to 1981, there was a concern that some citizens of Fresno did not have a
Councilmember to properly represent their district. There was also a potential violation
of the Voting Rights Act of 1965 and subsequent election laws governing citizen
representation. This issue was finally decided by the voters in a ballot issue.
On May 31, 1977, the voters of Fresno amended Charter Section 304 to require that
persons running for City municipal elections must live in the City for a period of at least
30 days immediately preceding the filing of nomination papers for City offices and live in
the City at the time of assuming office.
The voters of Fresno also added Charter Section 304.1 to require that persons running
for City Council seats must reside in the district at the time the nomination papers are
filed for such office or appointment. It further provided that each Councilmember shall,
during the Councilmember's term, reside within such Council district. This was strictly a
residence requirement and elections continued to be held at large. On June 3, 1980,
the voters amended Charter Section 304.1 to provide that each Councilmember must
reside in, and be elected from the district corresponding in number to his/her office.
Thus, only the electors from the district could vote for the Councilmember within such
district.
Objectives of Act:
1. To provide stricter and more detailed criteria for establishing a Council
candidates residency in the Council district. Developing structured, objective
criteria will help ensure proof of district residency for Council candidates.
2. To provide stricter and more detailed criteria for establishing current
Councilmembers' residency in the districts they represent during their term in
office. Developing structured, objective criteria will help ensure proof of district
residency during the entire term of a Councilmember.
3. To protect the interests of all Fresno citizens and insure proper representation by
developing policies that will help ensure that the Councilmembers truly reside in
the district they represent.
4. Adopt enabling legislation via a municipal resolution to establish necessary
policies.
Accomplishing the above stated objectives will help ensure that both the letter and spirit
of Charter Section 304.1 can be implemented as Fresno voters intended when they
passed the ballot measure 30 years ago.
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ARTICLE III
ADVANTAGES OF DISTRICT REPRESENTATION
There are compelling reasons for establishing district representation. The Voter Rights
Act of 1965 was the legislative vehicle for eliminating discriminatory voting
qualifications, standards, practices, and procedures. The advantages of district
elections include:
1. It encourages personal campaigns;
2. It encourages attention to neighborhood concerns;
3. It is easier for new candidates to win;
4. There is a lower cost of campaigning; and
5. It enhances descriptive representation and shared policy views and ideology.
Candidates not in compliance with the residency requirements of Charter Section 304.1
undermine the legal principles of representative local elections and raise questions
regarding a local election's compliance with applicable law.
ARTICLE IV
RESIDENCY REQUIREMENTS FOR COUNCIL CANDIDATES
In addition to providing the Fresno County Clerk proof of voter registration in the district
residence claimed for running for a City Council seat, a candidate must provide the
following additional information to verify their 30 day residency requirement:
1. Proof of home ownership as evidenced by 1) a copy of a grant deed, a
mortgage payment billing statement verifying the address; or any other
document that can verify home ownership and residency of the property; and
2) evidence of a homeowners property tax exemption filed with the Fresno
County Assessor for proof that the home is the primary residence. If a
candidate does not have a tax exemption on file they must submit an affidavit
signed by the candidate verifying that the home is the candidates primary
residence; or
If the home ownership is in the name of a person other than the candidate, or
in the name of a legal entity, such as a trust, partnership or corporation, the
candidate must submit an affidavit signed by the homeowner or authorized
legal representative of the entity verifying that candidate is living in the home
as his/her primary residence; or
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2. If the residence is rented or leased by the candidate, the candidate will provide
proof of residency by providing a signed copy of a lease or rental agreement.
If the lease/rental agreement expiration date is longer than 90 days, the
candidate shall provide a letter from the property manager or property owner
verifying that the candidate is continuing on a month-to-month basis; or
If a candidate is living at a residence without a lease/rental agreement and
whose name otherwise does not appear in the proof of home ownership,
candidate must have landlord/property owner sign an affidavit, under penalty
of perjury, verifying candidate's residency in landlords/property owner's
property.
3. Proof of motor vehicle registration, if any motor vehicles are registered to the
candidate for the residency claimed or proof of a valid California driver's
license showing their address on their license is consistent with the address
shown on their nomination papers. If the residence address on either the
drivers license or auto registration is in the process to being changed, the
candidate must provide a document from the California Department of Motor
Vehicles (DMV14 form) verifying the change is in process. If a candidate does
not own an automobile or does not have a California driver's license, the
candidate must submit any other State of California issued identification
showing their address on the identification document is consistent with the
address shown on their nomination papers.
4. A PG&E bill or Fresno City Utility bill in the candidate's name showing that the
service address is consistent with the address in candidate's nomination
papers. In the event a PG&E and/or Fresno City Utility bill has not been
generated, a letter from an authorized representative of the utility provider
stating that an account has been opened in the candidate's name will suffice.
If there is an agreement with a landlord or other legal entity, as verified by a
rental contract or lease contract, that the landlord or other legal entity will pay
the PG&E bill and/or the Fresno Utility bill, the candidate must submit an
affidavit signed by the landlord or the other legal entity's authorized legal
representative verifying that the landlord or other legal entity, is responsible for
paying the PG&E bill and/or the Fresno City Utility bill.
5. The candidate must sign an affidavit, under penalty of perjury, verifying
residency.
Failure to provide any of the above-required documents will disqualify a candidate from
meeting the Charter Section 304.1 district residency requirement. Willfully submitting
false, forged, altered documents or coercing or unduly influencing persons providing
affidavit documents will also disqualify candidates and constitute a misdemeanor
Charter violation in addition to any other legal remedy available to enforce a similar
fraudulent act.
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ARTICLE V
VERIFYING RESIDENCY AND CERTIFICATION FOR COUNCIL CANDIDATES
No earlier than the initial filing date for documents related to a candidate running for a
City Council seat and no later than the closing date to file nomination papers,
candidates are required to file all of the documents specified in Article IV above with the
Fresno City Clerk's office for verification. The City Clerk will review and verify that all
required information is correct and meets the requirements of this Act. The City Clerk
will diligently work to review and verify all residency documents submitted. No later
than five calendar days from receipt of the candidate's documents, the City Clerk's
office shall complete the review and verification of the documents. The City Clerk will
then do one of the following:
1. If all City residency requirements are satisfied pursuant to this Act, the City
Clerk's office will mail a letter to the Fresno County Clerk's office and mail a letter
to the candidate certifying that the candidate has met the City's residency
requirements; or
2. If any deficiencies are discovered in the documents provided or certain
documents are missing, the City Clerk's office will send a letter to the candidate
showing the specific deficiency(s) or missing document(s). The candidate will
have until the closing date to file nomination papers to correct the deficiencies
and re-submit the required documents for verification to the City Clerk; or
3. If the candidate either fails to complete verification of all of the requirements of
this Act within the prescribed time limits, or the resubmitted documents do not
meet the requirements of the Act, the City Clerk's office will mail a letter to the
candidate advising them that they have failed to meet the requirements of the
Act; or
4. If the re-submitted documents by the candidate meet all requirements of this Act,
the City Clerk's office will certify the Act's residency requirements have been met
and mail a letter to the Fresno County Clerk's office and mail a letter to the
candidate.
ARTICLE VI
VERIFYING RESIDENCY FOR COUNCILMEMBERS
Councilmembers are required to live in the district they represent during their entire term
in office. To insure that Councilmembers continue to live in the district they represent,
each Councilmember must submit the following documents to the City Clerk during the
last 31 calendar days of the year (December 1St to 31S), at the end of each year in
office:
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1. Proof of home ownership as evidenced by 1) a copy of a grant deed, a mortgage
payment billing statement verifying the address; or any other document that can
verify home ownership and residency of the property; and 2) evidence of a
homeowners property tax exemption filed with the Fresno County Assessor for
proof that the home is the primary residence. If a Councilmember does not have
tax exemption on file they must submit an affidavit signed by the Councilmember
verifying that the home is their primary residence; or
If the home ownership is in the name of a person other than the Councilmember,
or in the name of a legal entity, such as a trust, partnership or corporation, the
Councilmember must submit an affidavit signed by the homeowner or authorized
legal representative of the entity verifying that Councilmember is living in the
home as his/her primary residence; or
2. If the residence is rented or leased by the Councilmember, the Councilmember
will provide proof of residency by providing a signed copy of a lease or rental
agreement. If the lease/rental agreement expiration date is longer than 90 days,
the Councilmember shall provide a letter from the property manager or property
owner verifying that the Councilmember is continuing on a month-to-month basis;
or
If a Councilmember is living at a residence without a lease/rental agreement and
Councilmember must have landlord/property owner sign an affidavit, under
penalty of perjury, verifying Councilmember's residency in landlords/property
owner's property.
3. Proof of motor vehicle registration, if any motor vehicles are registered to the
Councilmember for the residency claimed or proof of a valid California driver's
license showing their address on the license is consistent with their address on
their original nomination papers. If the residence address on either the driver's
license or auto registration is in process to being changed, the Councilmember
must provide a document from the California Department of Motor Vehicles
(DMC14 form) verifying the change is in process. If a Councilmember does not
own an automobile or does not have a California driver's license, the
Councilmember must submit any other State of California issued identification
showing their address on the identification document is consistent with the
address shown on their nomination papers.
4. A PG&E bill or Fresno City utility bill in the Councilmember's name showing that
the service address is consistent with the address is in the Councilmember's
original nomination papers in candidate's name. In the event a PG&E and/or
Fresno City Utility bill has not been generated, a letter from an authorized
representative of the utility provider stating that an account has been opened in
the Councilmember's name will suffice. If there is an agreement with a landlord
or other legal entity, as verified by a rental contract or lease contract, that the
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landlord or other legal entity will pay the PG&E and/or the Fresno Utility bill, the
candidate must submit an affidavit signed by the landlord or the other legal
entity's authorized legal representative, verifying that the landlord or other legal
entity is responsible for paying the PG&E bill and/or the Fresno City Utility bill.
5. The Councilmember must sign an affidavit, under penalty of perjury, verifying
residency.
6. In the event that Councilmember moved to a new residence in the district after
the filing of the previous affidavit, Councilmember must confirm, within 60 days of
moving, using items 1 through 4, the new district residence address.
7. Incumbent councilmembers who have not relocated since the information
required by this Article was last provided may comply with this Article by
supplying a copy of a current driver's license and an affidavit that they have not
relocated and all previously supplied information remains true and correct.
Failure to provide any of the above-required documents will disqualify a Councilmember
from meeting the Charter Section 304.1 district residency requirement. Willfully
submitting false, forged, altered documents or coercing or unduly influencing persons
providing affidavit documents will also disqualify a Councilmember and constitute a
misdemeanor Charter violation in addition to any other legal remedy available to enforce
a similar fraudulent act.
ARTICLE VII
INVESTIGATION AND ENFORCEMENT
Any fraudulent residency complaints shall be submitted to the City Attorney. The City
Attorney will refer all complaints to the Fresno County District Attorney. The Fresno
County District Attorney shall have the discretion to investigate residency complaints
and if sufficient evidence of fraud is found during the investigation, the District Attorney
can elect to prosecute.
ARTICLE VIII
TRANSPARENCY
The City Clerk shall post the names, corresponding Council district and all required
supporting documents, consistent with applicable confidentiality laws, of all candidates
that have been certified to meet the residency requirements of this Act at the City's web
site and have a hard copy of the list available to be picked up at the City Clerk's office
during normal business hours. Any confidential information shall be redacted before the
public record is made available for inspection, in accordance with the Public Records
Act. After the General Election the list shall be removed from the City web site and hard
copies will no longer be available for pickup at the City Clerk's office.
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A PDF copy of this Act shall be available, year round, at the City's web site and a hard
copy shall be available to be picked up at the City Clerk's office during normal business
hours. This will enable prospective candidates to review residency requirements
pursuant to this Act.
ARTICLE IX
ONE YEAR REVIEW
One year from the adoption of this Act, the Council shall, at a regularly scheduled
meeting, review the implementation and practice of this Act and, if necessary, amend
the Act to reflect required changes.
ARTICLE X
EFFECTIVE DATE
This resolution shall take effect January 31, 2014. This Act, along with any subsequent
amendments, shall be the Council Residency Act of the City of Fresno.
63699elb/kbd council Residency Act Amended 01-09-14
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January 9, 2014 �/, Council Adoption: 1/9/2014
t, 11 .�1��U%2JMayor Approval: of FR,s
TO: MAYOR ASHLEY SWEAREc" AH a; 03 Mayor Veto: v
"verride Request: x n
FROM: YVONNE SPENCE, CMCt CLLjcK, FRESNW
City Clerk �'rtA 4C5-tia'
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 1/9/14, Council adopted the attached Resolution No.
2014-6 entitled Amending the Council Residency Act to allow incumbent
Councilmembers who have not relocated to verify residency by sworn affidavit, Item
No. 3A, by the following vote:
Ayes Baines, Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong
Noes None
Absent None
Abstain None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before January 21, 2014. In computing the ten day period required by Charter, the first
day has been excluded and the tenth day has been included unless the 10th day is a
Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this
memo with the Clerk's office within the required time limit shall constitute approval of the
ordinance, resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
APPROVED/NO RETURN:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
(—�, 0— —Q-A . :.— Date: I Ah
Ashley Sweare t,
Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain