Change to term limits backed by commission

By Dave Clark

Tuesday, Dec. 30, 2008 | 2 p.m.

The Boulder City Charter Commission unanimously recommended approval Dec. 22 of new charter language stipulating that the offices of mayor and council members are two separate jobs, subject to state-mandated term limits of 12 years apiece.

The recommendation was in response to a query posed earlier this year by Councilwoman Linda Strickland, who has argued that the offices should be treated as one for the purpose of term limits, because both the mayor and council members serve on the same governing body.

However, City Attorney Dave Olsen presented an opinion from Nevada State Attorney General Catherine Cortez Masto that upheld his view that the positions are distinct.

If the charter amendment is adopted by voters twice, it would provide legal clarification that an individual could serve three four-year terms as mayor as well as three four-year terms as a council member.

"The objective here is to bring our charter in sync with state law and still allow for people within the community to serve on the City Council in either the capacity of City Council member or mayor, for up to 12 years in each office," Olsen said.

Prior to passage of a 1996 ballot question, the mayor was elected by fellow City Council members. Now, the mayor is elected directly by voters.

The mayor acts in a primarily legislative manner, with the ability to make and second motions and vote on resolutions and ordinances, like council members. However, the mayor is also granted the power to preside over City Council meetings, serves as the head of city government for ceremonial purposes and is charged with dealing with emergencies should martial law be imposed, Olsen wrote.

These additional duties make the mayor's office unique and subject to separate term limits from those of council members, Olsen said.

"The question is do we change the charter or leave it alone?" Charter Commission member Eldon Clothier said. "Or are we just making it more in compliance?"

Olsen said the charter as it stands is open to different interpretations.

Following the Charter Commission's recommendation that the city add term limits to its charter, the City Council will have the option of placing the amendment on a future ballot.

Dave Clark can be reached at 990-2677 or [email protected].