Smart Voter
Santa Clara County, CA November 3, 1998 General
Measure B
Delete wording regarding justice courts
County of Santa Clara

Charter Amendment

182,054 / 61.5% Yes votes ...... 114,191 / 38.5% No votes

See Also: Index of all Measures

Infomation shown below: Impartial Analysis | Arguments | Full Text
Shall the County of Santa Clara amend section 712 by deleting the words "judges of the justice courts"?
Impartial Analysis from the County Counsel
Santa Clara County Charter section 712 refers to "judges of justice courts". This measure is a clean-up measure that would eliminate the reference to "judges of justice courts" from the charter, since there are no longer justice courts. Pursuant to state legislation, in 1995 justice courts in California were combined into county municipal courts.

ANN MILLER RAVELBy: SUSAN G. LEVENBERG
County CounselChief Deputy County Counsel

 
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Arguments For Measure B Arguments Against Measure B
In June, 1998, the voters approved amendments to the County Charter which brought it up to date with current circumstances and improved its readability. This amendment was not included in those changes and needs to be enacted. There are no longer any justice courts in Santa Clara County and, therefore, this language is no longer applicable.

BLANCA ALVARADO,CHUCK REED,
Chairperson, Board of SupervisorsChairperson, Charter Review Committee

Rebuttal to Arguments Above
Measure B is completely unnecessary. It doesn't make any difference that the County Charter refers to judges of the justice court even though we have not had a justice court for many years. The County Charter does not require that there be a "justice court" in the county.

So, why was this measure placed on the ballot? Proponents explain that dropping the reference to "judges of the justice court" should have been included in the "clean up" amendments presented to voters in June 1998.

But that does not explain why an unnecessary change is presented now - on the November 1998 ballot - with other important, far-reaching measures on the same county ballot. Perhaps that is the answer.

County Measure D would make some rather serious changes to the Charter provision which controls county commissions and boards. It would drop the Charter requirement, for example, that all commission meetings be "open to the public."

County Measure E would replace the voter-approved two-term limit with a three-term limit for County Supervisors. In a few years, maybe they will then propose a four-term limit and later, a five-term limit!

And County Measure F appears to authorize the election of County Supervisors by plurality (not a majority) - eliminating runoff elections and virtually assuring that no incumbent would ever be defeated in a re-election bid.

This measure (B) may well have been placed on the ballot by County Supervisors just to distract voters from other, important measures.


MELVIN L. EMERICH
Attorney at Law

This measure would delete the reference in Section 712 of the Santa ClaraCounty Charter (the county's constitution) to "judges of the justice court."

The proposed change is not necessary because we have not had "justice courts" in Santa Clara County for many years.

So, should we vote "yes" or "no" on this unnecessary amendment?

Perhaps by voting "no," voters can send the message to members of the County Board of Supervisors that they should stop wasting money and distracting voters with unnecessary ballot measures.


MELVIN L. EMERICH

Rebuttal to Arguments Above
If the voters approve Measure B the County will then be authorized to update the County Charter by eliminating the words "judges of the justice court." The County has no justice courts and therefore by leaving this reference in our Charter means the County Charter is out of date. Only the voters can authorize changes in the County Charter and therefore, we are urging you to vote yes on Measure B.

BLANCA ALVARADOCHUCK REED
Chairperson, Board of SupervisorsChairperson, Charter Review Committee

Text for Measure B
New language to be added to the Charter appears in italics and language to be deleted is crossed over.


Amendments in Article VII:

Section 712. Except as otherwise provided in this Charter, elective and appointive officers and employees serving with compensation are prohibited from engaging in any private practice or business during the regular business hours specified for the performance of their duties and during such hours they shall devote all their time to the duties of their respective positions. This section shall not apply to members of the Board of Supervisors, judges of justice courts, or to officers or employees exempted by the administrative code.

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Created: February 16, 1999 18:55
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