Photo via Lakewood Crime Awareness & Prevention Group

LBPD says the thieves fled in a waiting vehicle. LBPD is investigating.

CA Government Code section 36502(b) (effective Jan. 1, 1996) states:

...(b) Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision.

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Accordingly, we asked the City Attorney's office if BBB passes, would incumbent Council members and the Mayor qualify for three more terms (12 more years) in addition to the terms they've already served?

On Oct. 8, the City Attorney's office released the following statement:

[City Attorney Oct. 8 statement]

Statement RE: City of Long Beach Measure BBB

Long Beach City Attorney Charles Parkin issues the following response to questions received from constituents and the news media:

Government Code section 36502(b) requires term limits to be prospective. Since 1992, the City of Long Beach has had a two-term limit for City Council and Mayor candidates. If someone has served two full terms subject to that limit, the current Charter section applies. This means that any former or current Mayor or Council member who has served two full terms as a non-write-in candidate would be eligible to run for and be elected to only one additional term if Measure BBB passes.

The current Charter section, does not limit the number of write-in terms. In order to keep the application of Measure BBB prospective, a current or former Council member who has served two full terms and any number of write-in terms would be eligible to run for one additional term.

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Since lawyers can and do disagree (for a living), we sought second opinions. We sought out attorneys practicing in the area of CA election law and law school professors with expertise in the area. To date, we've been unsuccessful in obtaining comments/opinions from either group for publication.

With or without second opinions, if voters approve BBB, the question of whether Measure BBB allows LB's incumbent Mayor/Councilmembers four more years -- or twelve more years -- may ultimately end up decided by a judge or panel of appeals court judges. If that happens, the outcome may or may not be consistent with what the City Attorney says, or attorney Schipske says, or what voters intend.

However it is clear that by its terms, Measure BBB would replace LB's current two-term limit law, a 1992 petition-initiated measure, amended by voters in 2007, that currently limits LB's Mayor/Councilmembers to two terms but gives voters the choice of re-electing incumbents beyond two terms via a qualifying write-in.

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