May 29, 2023
Final Reports
San Mateo Courts - Civil Grand Jury
Concurrent Holding
of Two Elective Offices
1999 Recommendation
Response by Agency
2000-2001 Activity
17. The Assessor-County Clerk-Recorder Office should include information on the holding of two incompatible offices in the county's Candidates' Guide. Proposed text is currently under development by the Elections Division and county counsel and will be included in the next edition of the guide, currently scheduled for publication in July 2000. In compliance: the Candidates' Guide was revised and includes information developed by the county counsel regarding the issue.
18. The assessor-county clerk-recorder should specifically review the law regarding the concurrent holding of two incompatible elective offices in meetings with city clerks prior to any election. Proposed materials are under development. Full implementation will occur prior to the next election, currently scheduled for November 2000. Materials will be provided in the form of "public information." In compliance: The revised Candidates' Guide is distributed to city clerks for discussion during the annual meeting and for use in assisting city candidates. The guide is available to the public upon request and appears on the department's web site.
19. City councils should direct their city clerks to give materials on the holding of two incompatible offices to those seeking elective office. Municipalities filing papers should require that candidates state what public office, if any, they currently hold. Two city councils disagreed; one felt the issue needs further study; the remaining cities advised that implementation will occur during 2000-2001. No further action taken by the grand jury.
20. Municipal clerks and the county clerk should explain specifically the law on the concurrent holding of two incompatible elective offices to each candidate upon filing. Burlingame, Colma, and Half Moon Bay disagreed. The remaining cities concur and will implement.County clerk response: Will implement in time for the opening of the next filing period. County began implementation July 2000.
21. After each election, the assessor-county clerk-recorder should send a list of elected office holders in the county to each municipality and special district citing the law on the concurrent holding of two incompatible offices. Will implement upon the next election, currently scheduled for March 2000. A letter was issued May 2001.
22. Grand jury should monitor in 2000.   The grand jury submits this review of 2000-2001 activity as its report.

 

Dissemination of Incomplete Information
Affecting Election to Public Office

1999 Recommendation
Response by Agency
2000-2001 Activity
23. Prior to the issuance and dissemination of all election information to the public, the assessor-county clerk-recorder should have such information reviewed and approved in writing by the county counsel. Election information is reviewed by county counsel's office prior to dissemination. Data base of the Elected Officials publication has been updated and is on the county's web site. It was printed and distributed by December 2000.
24. After a final decision has been rendered in Trias v. Huening, the Board of Supervisors should review the 1995 and 1997 state legislation affecting the offices of controller and treasurer and by official action clarify orenact all changes as they deem appropriate. A proposed amendment "clarifying the intent of the ordinance code" will be submitted to the Board of Supervisors for its consideration. An ordinance has been adopted by the Board of Supervisors establishing the qualifications for controller.
25. Grand jury should monitor in 2000.   The grand jury submits this review of 2000-2001 activity as its report.

 

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