Snyder v. Murray

ANGELLOTTI, C. J.

This is an application on notice for a peremptory writ of mandate directed to respondent, as city clerk of the city of Santa Monica, requiring him to certify, approve, and audit the claim of petitioner for his compensation as a member of the city council of said city. At the close of the oral argument decision was orally given

[655]

awarding a peremptory writ as prayed. We deem it proper to state briefly in writing the reasons for our decision.

The real question involved was as to the effect of certain amendments to the freeholders’ charter of said city which were ratified by the electors thereof on December 1, 1914, and approved by the legislature of the state in January, 1915. These amendments made very sweeping changes in the article of the charter providing for officers of the municipality, (art. Ill), substituting for the pld system a complete new system, the design being to establish what is known as the commission form of government. Instead of a mayor and seven councilmen, one from each ward, provision was made for the election by the people of three commissioners, who should compose and be the city council of said city and trustees of the public library, and one of whom was to be

ex officio

mayor, chief of police, superintendent of buildings, health officer, and fire commissioner, another of whom was to be

ex officio

street superintendent, park commissioner, and water commissioner, and the third of whom was to be

ex officio

city clerk, city assessor, city treasurer, and city tax and license-collector. Provision was also made for the appointment by the council of a city attorney and a city engineer, and by the board of education of a superintendent of schools, and for the election by the people of a judge of the police court and a board of education. This change was sought to be accomplished by the amendment of all the sections of the old article entitled “Officers of the Municipality.” Petitioner was a member of the old council of seven members, and is still a member thereof if it did not cease to exist with the approval of the amendments by the legislature. Respondent’s, claim is that it did so cease to exist. No provision was made in the amendments or contained in the charter under which commissioners or any other officers could be selected in any way prior to the first election by the people to be held thereunder, which election was fixed by the amendments for the first Tuesday in December of the year 1915, and if the claim of respondent is well based, it would follow that there would be an interregnum from the approval of the charter amendments to at least the time of said election, during which the city of Santa Monica would be without any officers, unless perchance the governor of the state, by virtue of his constitutional power, could appoint officers to remedy this omission