Mission Viejo Providing Clarity Regarding City Council’s Terms And Goals

Press release from the City of Mission Viejo:

June 30, 2020

In light of the City Council’s vote regarding cumulative and district voting and subsequent misinformation circulating online, the City is clarifying the various perceptions about the City Council’s terms and goals. To simplify, the responses, a bullet point listing is the most efficient.

• The City adheres to the rule of law – as the law exists, not as it is wished to be.
  
• The hierarchy of government enactments is that “ordinances” (a law of the city) supersede and rule over resolutions, which are policy statements.
  
• As set forth in Mission Viejo Municipal Code Section 2.04.140, the law is that Council Members serve four-year terms. Commentators over the past year note that the ordinance has not been changed to reflect a two-year term. It has not, by intent, and won’t be until a complete cumulative voting system ordinance to replace the current ordinance law is established.

• The resolution noting a two-year term was done with the anticipation that the replacement cumulative voting ordinance would be completed and adopted. It has not been and so, to ensure the law is followed, the current law is being followed. As observed, a law (ordinance) outranks a resolution (policy direction).

• All efforts to construct the replacement ordinance continue. As soon as the new local ordinance is assured of legal validity, it will be adopted.

• All aspects of law are being followed and opinions to the contrary are the right of the holder but are not reflective of the law.

• Mission Viejo voters made their voices extremely clear and overwhelmingly expressed opposition to districts. The City has two choices – cumulative and districts. If it is cumulative, then all five seats will be up for election in 2022. However, if it is district, then the two seats filled in 2020 would be four-year terms (to 2024), and seats for the three other districts would be up for election to a four-year term in 2022.

Sec. 2.04.140. - Election of members

City council members shall hold office for four years from the Monday succeeding the county clerk's certification of the election and until their successors are elected and qualified.

This press release was produced by the City of Mission Viejo. The views expressed here are the author’s own.