November 5, 2024 - Measure H

IMPARTIAL ANALYSIS BY TOWN ATTORNEY OF MEASURE H

TOWN OF FAIRFAX

MEASURE H
CHANGING THE OFFICE OF TOWN CLERK
FROM AN ELECTED TO AN APPOINTED OFFICE

On May 29, 2024, the Town Council placed Measure “H” on the November 5, 2024 general municipal election ballot. Measure “H” asks Fairfax voters whether the position of Fairfax Town Clerk should be an appointed position or remain an elected one. If Measure “H” passes, the Town Clerk would be appointed by the Fairfax Town Council and no longer elected by Fairfax voters. If Fairfax voters approve Measure “H”, the Town Council will appoint the next Town Clerk when the term of the current incumbent expires in November, 2026, or becomes vacant.

Currently in Fairfax, an elected Town Clerk serves a four year term. The seat was last elected in November, 2022 and Michele Gardner is the current elected Town Clerk. Her term expires in November, 2026. California law requires that general law cities, like Fairfax, have either an elected or appointed Town Clerk. A transition from an elected Town Clerk to an appointed Town Clerk, however, must be approved by a majority of the Town’s voters voting at an election. If Measure “H” passes and the position becomes appointed, the Town Council will decide the minimum education and training requirements for the position.

A “yes” vote on Measure “H” will convert the office of Fairfax Town Clerk into an appointed position and no election for the Town Clerk’s Office would be held in November, 2026 or future years, unless changed again by Fairfax voters via another measure.

A “no” vote on Measure “H” will leave the Town Clerk as an elected office which would be on the general municipal election ballot in November, 2026.

The above statement is an impartial analysis of Measure “H”. If you desire a copy of the Measure, it can be found on the Town’s website at www.townoffairfax.org (opens a new window) or by calling Christine Foster, the Town’s elections official at (415) 428-2343 and a copy will be mailed to you at no cost.

s/JANET COLESON
Town Attorney

ARGUMENT IN FAVOR OF MEASURE H

State law requires each town to have a Town Clerk, either elected or appointed. In years past, Clerks had a very limited role—those days are long gone. The demands on the Office of the Town Clerk have evolved significantly over the years – now requiring extensive technical expertise and a full-time workload, e.g., handling elections, Public Records Act requests, managing Town records, websites, and more. Currently, Fairfax’s elected Town Clerk is unpaid and retains only ceremonial duties, they delegate largely all of the Office’s responsibilities to paid professional staff.

The Town Code and State law lack formal accountability or responsibility requirements for the Town Clerk and don’t address necessary job duties. The elected Town Clerk doesn’t need to possess any specific skills or experience - the only legal requirements are being over 18 and a Fairfax resident, potentially leading to inefficiencies and increased burdens on other staff members who must assist with the Clerk’s duties.

Appointing the Town Clerk would allow screening of qualified candidates, increase efficiency through the clerk’s ability to share day-to-day duties, and save taxpayers money in election costs. If appointed, the Town could interview candidates from various jurisdictions, ensuring the most qualified is selected.

Concerns with maintaining the status quo, an elected Town Clerk, include:

• Limited candidate pool due to residency requirement and high cost of living
• Potential for unqualified individuals due to lack of experience/education requirements
• No mechanisms for accountability or responsibility
• Unpaid position may not attract individuals with necessary skills and integrity

Nearly 80% of California municipalities have transitioned from elected to appointed Clerk positions, reporting better public service outcomes.

It’s critical that Fairfax can hire highly qualified professional staff. By voting yes, you ensure we can do so to provide excellent public services.

PLEASE VOTE YES ON “H”

BARBARA COLER
Mayor, Town of Fairfax

CHANCE CUTRANO
Council Member, Town of Fairfax

MICHELE GARDNER
Elected Town Clerk, Town of Fairfax

JANET GARVIN
Elected Town Treasurer, Town of Fairfax

CHRISTOPHER MORIN
Former Police Chief, Town of Fairfax (retired)

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE H

Former Town Councilmember Ryan O’Neil and seven Former Fairfax Mayors, John Reed, Susan Brandborg, Peter Lacques, Larry Bragman, Frank Egger, Lew Tremaine & Michael Ghiringhelli have joined together to oppose changing the historic independent elected Town Clerk position to an appointed Clerk.

The Town Clerk position in Fairfax has been Elected since Fairfax incorporated in 1931, 93 years ago. Fairfax has always had well qualified Town Clerks, Frances Lestenguetr, Mary Hansen and Judy Anderson served for 50 years combined. The qualifications for Town Clerk are the same as the qualifications for Town Council. We trust Fairfax voters.

The Fairfax Town Council should not ignore our history. Democracy has been alive and well in Fairfax since Thursday, the 26th of February, 1931. On that day Fairfax voters incorporated the Town of Fairfax and elected Leslie A. Grosbauer as Fairfax’s first elected Town Clerk. Why the big move now to take away our inherent RIGHT TO VOTE?

The fine print in the May 29, 2024 Staff Report PREPARED BY Heather Abrams, Town Manager and Janet Coleson, Town Attorney and the Resolution approved by the Town Council gives away the real purpose of changing to an appointed Town Clerk: “Government Code Section 36510 allows the Town Council the option to adopt an ordinance to vest appointment authority with the Town Manager”. They want to allow the Town Manager to be able to select & appoint the Town Clerk.

The San Anselmo Town Council rejected the same proposal for their Town Clerk on a 2 Yes, 3 No vote earlier this year.

PLEASE VOTE NO on MEASURE H

LEW TREMAINE
Former Mayor

JOHN REED
Former Mayor

SUSAN BRANDBORG
Former Mayor

RYAN O’NEIL
Former Councilmember, Current Ross Valley SchoolBoard Trustee

FRANK EGGER
Former Mayor

ARGUMENT AGAINST MEASURE H

Five former Fairfax mayors, Susan Brandborg, Peter Lacques, Larry Bragman, Frank Egger and Michael Ghiringhelli have come together to sign the ballot argument against changing the historic independent elected Town Clerk position to an appointed Clerk. The Town Clerk position in Fairfax has been Elected since Fairfax incorporated in 1931, 93 years ago. The qualifications to run for Town Clerk are the same as to run for Town Council: Town of Fairfax resident, a registered voter in the Town of Fairfax, a U.S. citizen and 18 years or older.

The Fairfax Staff Report written by the Town Manager & Attorney claims: “Inefficiencies of an Elected Town Clerk: Limited candidate pool & requiring the Town Clerk to be a Fairfax resident significantly limits the pool of qualified candidates.” Fairfax has never had a problem finding a qualified electable candidate. Fairfax residents Frances Lestenguet and Judy Anderson were elected and served as Town Clerks for over 40 years combined. Michele Gardner is currently the elected Town Clerk, for over 10 years.

The Town Clerk runs Fairfax elections, enforces Conflict of Interest Laws, is in charge of Town Council minutes and all Town records, signs official documents and handles all Public Record Act requests. Ensures compliance with the Brown Act (Open Meeting Law) for all Town Meetings.

The public needs to keep an independently elected Town Clerk, not one beholden to the Town Manager, Town Attorney and Town Council to be able to enforce Town codes and State laws that may impact other Town officials. This same proposal to make the Town Clerk position appointed has been on the ballot and rejected by Fairfax voters 3 times since 1964.

We urge you to reject the proposal that takes away your right to vote on who represents you as Town Clerk.

Please Vote No on Measure H

SUSAN BRANDBORG
Former Mayor

PETER LACQUES
Former Mayor

LARRY BRAGMAN
Former Mayor

FRANK EGGER
Former Mayor

MICHAEL GHIRINGHELLI
Former Mayor

REBUTTAL TO ARGUMENT AGAINST MEASURE H

The opposition’s argument overlooks crucial facts about modern municipal governance and the evolving role of Town Clerks. While we have been fortunate to have good, elected Town Clerks, in reality the work of the Town Clerk’s Office has been conducted by paid, professional staff.

Key points to consider:

• The Town Clerk position has become increasingly complex, requiring extensive technical expertise and a full-time commitment.
• The high cost of living and residency requirement severely limit the candidate pool.
• There are no formal accountability or responsibility requirements for the elected Fairfax Town Clerk.
• Errors and omissions by a Town Clerk without appropriate regulatory knowledge could have significant legal and financial implications for our Town.
• Inefficiencies/redundancies having an elected Town Clerk.

Measure H addresses these issues by:

1. Expands the applicant pool for Town Clerk beyond town residents, increasing chances of finding candidates with technical reporting and computer/database skills.
2. Allows the screening of qualified candidates, ensures the most capable person fills this critical role.
3. Provides clear reporting structure with immediate accountability.
4. Measure H enhances democracy by ensuring a highly qualified professional serves in this vital position.

While we respect Fairfax’s long tradition of an elected Clerk, nearly 80% of California communities have successfully transitioned to appointed Clerks to meet modern governance needs, reporting better public service outcomes.

Demands on the Town Clerk’s office have changed greatly since 1931. Fairfax deserves a modern, accountable, and professional Town Clerk.

VOTE YES ON MEASURE H for better governance and efficient use of your tax dollars.

BARBARA COLER
Mayor, Town of Fairfax

CHANCE CUTRANO
Council Member, Town of Fairfax

MICHELE GARDNER
Elected Town Clerk, Town of Fairfax

JANET GARVIN
Elected Town Treasurer, Town of Fairfax

CHRISTOPHER MORIN
Former Police Chief, Town of Fairfax (retired)

FULL TEXT OF MEASURE H

ORDINANCE NO. ____

AN ORDINANCE OF THE PEOPLE OF THE TOWN OF FAIRFAX, CALIFORNIA, ADDING CHAPTER 2.10 TO TITLE 2 OF THE FAIRFAX MUNICIPAL CODE TO CHANGE THE OFFICE OF TOWN CLERK FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE.

NOW THEREFORE, THE PEOPLE OF THE TOWN OF FAIRFAX DO ORDAIN AS FOLLOWS:

SECTION 1.

Subject to the approval of a majority of the voters of the Town of Fairfax at the scheduled election so designated by the Town Council in a separate resolution placing this proposal on the ballot for such election, Chapter 2.10 is hereby added to Title 2 of the Fairfax Municipal Code and shall read as follows:

[NOTE: deletions are identified in strikeout text and additions are identified in bold italics]

"TITLE 2: ADMINISTRATION AND PERSONNEL.

CHAPTER 2.10 – APPOINTED TOWN CLERK

§2.10.010 – Appointed Position of Town Clerk.

As of the November 3, 2026 General Municipal Election, or such earlier time should a vacancy occur in the office prior to said Election, the office of the Town Clerk shall be cease to be elected and shall become an appointive office. Pursuant to California Government Code section 36510, such appointive officer shall hold office during the pleasure of the Town Council and, notwithstanding Government Code section 36502 to the contrary, shall not be required to be a resident or elector in the Town. The Town Council may by subsequent ordinance vest in the Town Manager its authority to appoint such officer.”

SECTION 2.

If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the Town hereby declare that they would have circulated for qualification and/or voted for the adoption of this section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.

SECTION 3.

To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the Town of Fairfax which are in conflict with any provision of this Ordinance.

SECTION 4.

This section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at a General Municipal Election or at a special election called for that purpose.

SECTION 5.

This Ordinance shall take effect only if approved by a majority of the eligible voters of the Town of Fairfax voting at a General Municipal Election to be held on November 5, 2024, and shall take effect ten (10) days after the Town Council has certified the results of the General Municipal Election by resolution.

SECTION 6.

The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 5, 2024, by signing where indicated below.

I hereby certify that the foregoing Ordinance was passed, approved and adopted by the People of the Town of Fairfax on the 5th day of November, 2024.