Pope v. Superior Court

Opinion

TURNER, P. J. I. INTRODUCTION

We hold in this case that a city term limit law referring to an election to a four-year term does not mean appointment or election to a less than four-year term. Defendants, Malibu City Clerk Lisa Pope and the City of Malibu (the city), seek a writ of mandate directing the respondent court to vacate a February 3, 2006 judgment and writ of mandate. The February 3, 2006 judgment and writ of mandate ordered Ms. Pope and the city to not include Councilmember Sharon Barovsky’s name on a ballot for reelection to the city council. Because the city’s term limit law unambiguously allows Ms. Barovsky to run for reelection to the city council, we grant the petition and direct the respondent court to vacate its judgment and writ of mandate.

II. BACKGROUND

Malibu Ordinance No. 200 added former chapter 10.5, section 2.10.050 to the Malibu Municipal Code.1 Former section 2.10.050 is now found in [874]chapter 2.08, section 2.08.040 of the Malibu Municipal Code. Malibu Municipal Code section 2.08.040 states: “No person shall be elected as a member of the city council for more than two four-year terms . . . .” (Italics added.) This term limit law was adopted by the city council and subsequently ratified by the voters. (Gov. Code, § 36502, subd. (b).)2

Harry Barovsky was elected to the Malibu City Council for a four-year term from April 1998 to April 2002. Mr. Barovsky passed away in March 2000. In June 2000, Ms. Barovsky was appointed by the city council to serve as a council member in her late husband’s place pending a special election. The special election was held in November 2000 and Ms. Barovsky was elected to the remaining 17-month term ending in April 2002. In other words, she was elected to a less than four-year term. Ms. Barovsky was elected to a four-year term in April 2002. She now seeks reelection for a further four-year term, from April 2006 to April 2010.

Four individuals—plaintiffs Richard H. Carrigan, Emily Harlow, John Wall, and Sherman Baylin—filed a mandate petition and complaint for declaratory and injunctive relief alleging Ms. Barovsky is ineligible to seek reelection under the city’s term limit law. They contend Malibu Municipal Code section 2.08.040 means that a council member who is appointed or elected to serve a less than four-year term is only eligible to serve one further four-year term. The respondent court granted the writ petition. On February 6, 2006, Ms. Pope and the city filed a mandate petition with us challenging the order removing Ms. Barovsky from the ballot. (Elec. Code, § 13314.) We issued an alternative writ directing the respondent court to vacate its February 3, 2006 order or show cause on February 8, 2006, at 4:00 p.m. why a peremptory writ