17,255 / 55.0% Yes votes ...... 14,109 / 45.0% No votes

See Also: Index of all Measures

Many of the duties of the city clerk are also established by state law. The city clerk records the minutes of Council meetings and is the custodian of many of the city's records. The clerk also has duties defined in state law with respect to municipal elections and compliance with state and local conflict of interest laws. The election duties include preparing and publishing required legal documents for calling and holding municipal elections. With respect to conflict of interest laws, the clerk is the filing officer for statements of economic interests that are required of city officials and designated employees, and for campaign contribution and expenditure statements that are required of candidates for city elected offices and from groups supporting and opposing city ballot measures.

State law also provides that the City Council may place the question on the ballot whether the city clerk should be appointed by the City Council. If a majority of voters approve this question, the City Council may appoint a person to the office at the expiration of the current city clerk's term, or on a vacancy in the office. If the voters approve making the city clerk an appointed position, the City Council would have the authority to establish qualifications for the city clerk and to appoint the person they found best qualified regardless of that person's place of residence. An appointed city clerk would hold that position at the pleasure of the City Council. The duties of the city clerk as fixed by state law would remain unchanged.

Thomas Haas

City Attorney

City Clerks Association of California

• Information on Measure X

Demands on the City Clerk have evolved over the past few decades. The complexities of the position have increased and the technical skills required are significant. The Clerk's responsibilities include: city records management, elections oversight, and compliance with conflict-of-interest regulations and federal/state laws. The modern City Clerk must also have the ability to serve as Secretary to the City Council and Redevelopment Agency while remaining apolitical and neutral. Logic demands that the City Council select the City Clerk following a screening designed to recruit and hire the person with the strongest technical, administrative and professional skills. Once hired, an appointed Clerk can be held accountable to perform to the same standards established for other administrative staff. By State law, the only qualifications to serve as an elected City Clerk are:

• Must be at least 18 years of age and

• Must be a registered voter within the City.

Charles Abrams, Mayor of City of Walnut Creek

Barbara Rivara, Retired City Clerk of Walnut Creek

Joyce Kingery, President, League of Women Voters of the Diablo Valley

Jerry Hoyer, President/CEO of Walnut Creek Chamber of Commerce

Grant Mainland, Rossmoor Resident

In another suburban city, larger than Walnut Creek, the appointed city clerk and four city council members are in trouble with the law for illegally changing state-required election campaign documents. The appointed clerk's defense was that she did so on orders from a higherup. This can't happen with an elected city clerk, whose bosses are we voters.

Of course the selection of our city clerk should be based on qualifications and experience. But we think that, should the position ever be contested, Walnut Creek voters are capable of making an intelligent choice based on the applicant's qualifications. The implication of the city council's ballot argument is that there isn't a Walnut Creek resident that is capable of doing the job. We disagree. We think there are many qualified and experienced members of this community that can do the job quite capably. If it ain't broke, don't fix it. We've been served well by an elected city clerk. Don't make this unnecessary change to an appointed city clerk.

Vote NO on Measure X.

Ed Skoog Former Mayor, Walnut Creek

Ed Dimmick Former Mayor, Walnut Creek

Selma King Former Planning Commissioner, Walnut Creek

Pat Smith Former Secretary, Walnut Creek Homeowners Council Citizens for a Better Walnut Creek

Peggy Cappiali, Director

The city clerk takes care of the city's dealings with the public, from keeping the official meeting minutes to instructing city council candidates' treasurers on how to complete forms. It is essential that this person be impartial.

Of all the clerk's tasks, consider just the city council elections. The city clerk

• conducts city elections

• assists city council candidates in meeting their legal obligations before and after the elections

• makes copies of required campaign finance forms available to the public on a timely basis

We are being asked to permanently change the current system of checks and balances which has worked for years. There is no compelling reason for this change to an appointed clerk.

Keep an independent and impartial city clerk answerable to the voters.

Vote NO on Measure X

Ed Skoog Former Mayor, Walnut Creek

Ed Dimmick Former Mayor, Walnut Creek

Selma King Former Planning Commissioner, Walnut Creek

Pat Smith Former Secretary, Walnut Creek Homeowners Council Citizens for a Better Walnut Creek

Peggy Cappiali, Director

City Councils in two-thirds of California cities appoint their City Clerks in the same way they appoint their City Managers and City Attorneys. They choose from candidates who are professionals in their field and make their selection based on experience and qualifications. An elected Clerk is hired simply by securing one vote more than the opposition. Whether a qualified candidate even runs for office is a "roll of the dice." In addition, removal for poor performance requires a difficult recall process.

The compelling reason to change the system became evident during the recent recruitment for the vacant City Clerk position. None of the best-qualified candidates lived in the City. Few other candidates remained interested when told the job, which pays $50 per month, required moving to Walnut Creek and running for political office every four years.

Contrary to the opposition argument, the Clerk does not serve as an independent "watchdog" for the public. Rather, the Clerk's role is administrative and ministerial.

• The County conducts and manages local elections. The City Clerk oversees the filing process.

• Enforcement of election laws or reporting requirements is the responsibility of the State, the District Attorney or the Grand Jury not the City Clerk.

Please support Measure X.

Richard Rainey, California State Senator + Retired

Bob Schroder, Former Walnut Creek Mayor

Peg Kovar, Former Walnut Creek Mayor

Kathy Hicks, Walnut Creek Councilmember and Former Mayor

Donald A. Blubaugh, Former Walnut Creek City Manager