[CC 1961 §2.02; Ord. No. 1050; Ord. No. 2948 §1, 5-2-1988; Ord. No. 3334 §1, 6-5-1995; Ord. No. 3429 §2.02, 11-17-1997; Ord. No. 3437 §1, 6-1-1998; Ord. No. 3445 §1, 11-2-1998; Ord. No. 3470 §§1 — 4, 9-4-1999]
A. 
All general and special elections in this City shall be governed by the rules and regulations provided in the Charter, by ordinance and by State law.
B. 
Any candidate for public office in the City of Berkeley shall at the time of filing his/her statement of candidacy, file with the City Clerk such requirements as requested by the City Clerk in order to establish his/her qualifications as required by the Charter, by ordinance and by State law.
C. 
No person may be a candidate for election to public office in this City, who at the time that he/she files his/her statement of candidacy, shall be delinquent in any tax, fee, fine, penalty, charge or any other financial obligation or liability of any kind or nature to the City.
D. 
No candidate who is duly elected to public office shall be administered the oath of office nor be allowed to serve as an elective official, who on the day of election shall be delinquent in any tax, fee, fine, penalty, charge or any other financial obligation or liability of any kind or nature to the City.
E. 
The City Clerk shall not receive nor accept any statement of candidacy nor cause to be printed on the ballot the name of any person not meeting the qualifications for candidacy, election to or holding office set forth by ordinance and City Charter.
F. 
The election authority shall not accept any statement of intent to be a write-in candidate unless said statement is accompanied by a certification of the City Clerk that said candidate is qualified and eligible for election to office. The election authority shall not print the name on the ballot, accept any statement of intent to be a write-in candidate nor count, tally nor include in any certification of official election results the name of any person not meeting the qualifications for candidacy, election to or holding office set forth by ordinance and City Charter.
G. 
Election returns shall be tallied, counted, canvassed and certified only for those candidates qualified and eligible for election to and to take and hold office; and only those candidates qualified and eligible for election to and to take and hold office, receiving the highest number of votes for each office, shall be issued a certificate of election by the City Clerk and allowed to take and hold office by the City Council.
H. 
Upon the declaration of a vacancy in the City Council either by judgment of the City Council or of a court as a direct and proximate result of an ineligible candidate receiving votes in a questioned regular or special election, a special election shall be held at the earliest possible date to fill the vacancy between those candidates who were qualified to be a candidate for, to have their names printed or written-in on the ballot, to be elected to and to take and hold office at said questioned regular or special election.
1. 
Only the names of those candidates, who were qualified to be a candidate for, elected to and to take and hold office at said questioned regular or special election, that had been printed on the ballot at the questioned regular or special election, shall be printed on the ballot to fill the vacancy at said Council or court ordered special election. The City Clerk shall not require a filing fee nor statement of candidacy to be refiled by said qualified candidates whose names had been printed on the ballot at said questioned regular or special election; but shall recertify only the names of those qualified candidates that had been previously certified to the Board of Election Commissioners at said questioned regular or special election to be printed on the ballot at said court or Council ordered special election.
2. 
Only the names of those write-in candidates who were qualified to be a candidate for, elected to and to take and hold office at said questioned regular or special election that had filed a statement to be a write-in candidate in said questioned regular or special election may be written-in on the ballot at said Council or court ordered special election. The Board of Election Commissioners shall not accept a statement to be a write-in candidate nor shall it count nor include in the official results of said court or Council ordered special election any votes for any person not meeting the qualifications to be a candidate for, to be elected to and to take and hold office under the Charter, Code and ordinances and who had not filed a statement to be a write-in candidate in said questioned regular or special election and who has not received a written statement of eligibility to be a candidate for, to be elected to and to take and hold office from the City Clerk as to his eligibility to be a write-in candidate at said special election under the Charter, Code and ordinances of the City.
3. 
Any unqualified candidate who shall have been ineligible to be a candidate for, elected to, or to take and hold office at said questioned regular or special election, who, by his candidacy at said questioned election, shall cause the results or outcome of the questioned regular or special election to be voided, as a direct and proximate result of said ineligible candidate receiving votes in said questioned regular or special election, shall be liable to the City for the cost of any special election required to fill a vacancy ordered by a court or the Council due to said ineligible candidate having received votes at said regular or special election.
[Ord. No. 3429 §2.03, 11-17-1997; Ord. No. 3437 §1, 6-1-1998]
A. 
A Councilman shall, during his term, pay, when due, all taxes, fees, fines, penalties, charges or other financial obligations or liabilities of any kind or nature due to the City.
B. 
If a Councilman shall fail to pay, when due, any tax, fee, fine, penalty, charge or other financial obligation or liability of any kind or nature due to the City, the City Council, the City Manager, the Chief Financial Officer of the City or their designee, shall demand, in writing, that he pay same by not later than fourteen (14) days from date of demand.
C. 
Except for good cause shown, if said Councilman shall fail to pay said delinquent tax, fee, fine, penalty, charge or other financial obligation or liability of any kind or nature not later than fourteen (14) days from the date of demand, he shall forthwith forfeit his office.
D. 
If the last date for doing an act provided for herein falls on a Saturday, Sunday or holiday or a day on which the offices of the City are closed for business, then said act may be performed on the next succeeding regular business day on which the City offices are open for business following the date on which said act was due to be performed.
E. 
Whether such violation has occurred shall be determined solely by the members of the Council and their decision shall be final.
[Ord. No. 3429 §2.04, 11-17-1997; Ord. No. 3437 §1, 6-1-1998]
A. 
If any member of the Council shall knowingly and intentionally violate Section 105.020 of this Article, any member of the Council, the City Manager, the City Attorney or the Chief Financial Officer of the City, upon information and belief, may file a petition in the nature of quo warranto with the Council, which shall put the question, as to whether or not said Council member shall be cited to show cause why he shall not be held to have forfeited his office, before the Council in regular or special session.
B. 
The Presiding Officer, upon a majority vote of the members of the Council present at the session of the Council, the accused being disqualified from voting on the question, shall issue an order to show cause signed by the Presiding Officer and directed to the Council member, summoning such Council member alleged to be guilty of violation of Section 105.020, to appear before the Council at a date and time set by the Council thereafter to answer the charge.
C. 
Such Council member shall appear in person at the time and date set by the Council to answer the charge.
D. 
The Council shall serve the order to show cause, along with any bill of particulars or accompanying papers in support of said charge, presented to the Council by the charging party, not less than ten (10) days prior to the date set for hearing on the charge.
E. 
The order to show cause shall be served upon the Council member:
1. 
Personally, or
2. 
By leaving same with a resident of the accused's home over the age of fourteen (14), or
3. 
By posting same on the door of the accused's last known address and by first class certified mail, or
4. 
By including notice thereof in the agenda of any regular Council meeting and posting thereof on the wall at the City Hall in the usual course of business.
F. 
If the Council person is present in the meeting at which the charge is presented or at which the order to show cause shall be issued, then the Council person shall be served such order to show cause at the time said order to show cause is issued. However, if the Council person refuses to accept service of process at said meeting, it shall be noted in the minutes and the Council person shall be deemed to have been constructively served and notified of the charge; and the order to show cause and accompanying papers shall be left in his mail box in the Council chambers or the office of the City Clerk.
G. 
The accused shall have the right to counsel.
H. 
On hearing of the matter, the Council, if it shall adjudge, by a majority vote of the entire Council, the Council member to be guilty of violation of Section 105.020, shall punish him by declaration of forfeiture and ouster from office.
I. 
Payment of the tax, fee, fine, penalty, charge or other financial obligation or liability of any kind or nature later than fourteen (14) days from date of demand, shall not mitigate, release nor set aside the forfeiture of office.
J. 
The decision of the City Council shall be final.