Fwd: Citizens Petition - definitions and format

[Peter Carpenter]

Very helpful clarification from the Town Clerk on definitions and format.

Peter

Begin forwarded message:

From: Theresa DellaSanta <tdell...@ci.atherton.ca.us>

Date: May 1, 2010 11:25:44 AM PDT

To: Jerry Gruber <jgr...@ci.atherton.ca.us>, 'Peter Carpenter' <peterfc...@gmail.com>

Cc: 'Wynne Furth' <wfu...@mhalaw.com>, 'Benjamin Winig' <bwi...@mhalaw.com>, 'Sharon Hagle' <sha...@mhalaw.com>

Subject: RE: Citizens Petition - definitions and format

I checked the actual Ordinance (approved in 1980) and it has no further detail as to “adult” and “resident”

 

Chapter 1, section 1.040.010 of the Atherton Municipal Code does include definitions for the certain terms throughout the Towns code but does not specifically define these terms. So I would refer to section 1.04.030 below:

 

1.04.030 Interpretation of language.

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 418 § 3, 1985)

 

Definitions defined by Webster’s Dictionary:

Adult: A fully developed person from maturity onward. [Legally defined as 18 in California].

Resident: Someone who lives at a particular place for a prolonged period or who was born there

 

Since the Town ordinance you refer to says “adult resident” of the Town I would define it as “a resident currently living in the Town who is at least 18 years of age or older.”

The petition should include the printed name, signature and current address of the adult resident. It should also include the reason for the meeting and specific concerns for the meeting.

 

You are entitled to choose a date for the meeting, however if a quorum can not be met the meeting would be adjourned. As an alternative you can ask the City Clerk to choose a date that works best for all Council Members.

 

I will copy the Towns Attorney on my reply to keep her in the loop and in case she has anything to add.

 

Thank you.

 

Theresa DellaSanta

 

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From: Jerry Gruber
Sent: Friday, April 30, 2010 2:22 PM
To: 'Peter Carpenter'
Cc: Theresa DellaSanta
Subject: RE: Citizens Petition - definitions and format

 

Peter,

 

Allow me to forward this to the City Clerk so she can address your concerns. Could you please help me to understand what specific issues and concerns might be?

 

Jerry

 

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From: Peter Carpenter [mailto:peterfc...@gmail.com]
Sent: Thursday, April 29, 2010 10:23 PM
To: Jerry Gruber; Wynne Furth
Subject: Citizens Petition - definitions and format

 

Jerry and Wynne,

 The Town Ordinance states:

Special meetings may be called at any time by the mayor, or by three members of the city council, or by a petition bearing a minimum of one hundred signatures of adult residents of the town. (Ord. 382, 1980: Ord. 344 Ch. 1(e) § 1, 1976)

 It is the desire of a number of Atherton residents to petition for one or more such Special Meetings to address specific issues of concern.

 In order to ensure that the petition process is done properly your guidance on what are the appropriate definitions of both 'adult' and 'resident' would be appreciated.

Also, if there is some particular format that is required by the language of the ordinance then any guidance to that effect would also be appreciated.

Thank you,

Peter

--
Peter Carpenter