Garver v. Council of City of Oakland

California Court of Appeal Feb 1, 1929 No. Docket No. 6777.Published

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Holding. The court held that the constitutional provisions for amending city charters are exclusive and controlling, rendering conflicting charter-based procedures invalid. Consequently, the city council must transmit the petition to the county clerk for signature verification and provide the necessary funding.

Issues

Whether the procedure for amending a city charter prescribed by the state constitution is exclusive of conflicting procedures set forth in the city charter.
Whether the city council has a mandatory duty to transmit a charter amendment petition to the county clerk for verification and provide the funding for such verification.

Disposition. Peremptory writ of mandate issued.

Quotations verified verbatim against the opinion

“The one mode of amendment is commanded and all others are prohibited.”

“We are satisfied that the provisions of the charter, in so far as they prescribe a method of amending the same, are in conflict with the provisions of the constitution; that the latter are exclusive and controlling”

[561]

THE COURT.

A petition was filed on September 6, 1928, with the council of the city of Oakland, to submit to the electors a proposal to establish a council-manager form of government for the municipality and to amend certain sections of its charter. This proceeding is one in

mandamus

to compel the council and its members, who are made respondents, to transmit the petition to the county clerk of Alameda County for verification of the signatures thereon and to provide the expense of making the verification.

It is provided by section 8 of article XI of the constitution that “The charter of any city or city and county may be amended by proposals therefor submitted by the legislative body of the city on its own motion or on petition signed by fifteen per cent of the registered electors, or both. Such proposals shall be submitted to the electors only during the six months next preceding a regular session of the legislature or thereafter and before the final adjournment of that session, and at either a special election called for that purpose or at any general or special election. Petitions for the submission of any amendment shall be filed with the legislative body of the city or city and county not less than sixty days prior to the general election next preceding a regular session of the legislature. The signatures on such petition shall be verified by the authority having charge of the registration records of such city or city and county, and the expenses of such verification shall be provided' by the legislative body thereof. If such petitions have a sufficient number of signatures the legislative body of the city or city and county shall so submit the amendment or amendments so proposed to the electors. Amendments proposed by the legislative body and amendments proposed by petition of the electors may be submitted at the same election. The amendments so proposed shall be advertised in the same manner as herein provided for the advertisement of a proposed charter, and the election thereon held at a date to be fixed by the legislative body of such city, not less than forty and not more than sixty days after the completion of the advertising in the official paper. If a majority of the qualified voters voting on such amendment vote in favor thereof it shall be deemed ratified, and shall be submitted to the legislature at the regular session next following such election; and ap

Garver v. Council of City of Oakland

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THE COURT.

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