Term Limits Repeal Up to Public, Panel Finds

Term limits imposed on City Council members can be repealed only by a vote of the people, the panel concluded this week.

Council members recently approved a two-term limit, but provoked controversy by including a clause giving future councils the ability to revoke the limits.

But City Atty. Lois E. Jeffrey said this week that allowing future council members to reverse term limits could be challenged in court.

Her advice was based on a ruling by attorneys for the state Legislature, because the issue involves special legislation from the state.

“If it were taken to court, it could be interpreted as needing a vote of the people,” Jeffrey said.

The issue dates back to 1994, when Tustin voters overwhelmingly approved limits. But at that time, the state did not allow general law cities, such as Tustin, to enact term limits, city officials said.

The state changed that law in 1996, but Tustin fell into a gray area legally because residents had voted on the issue before the state law was passed.

So last year, special legislation was approved specifically for Tustin, which would allow the city to confirm the residents’ mandate. The new legislation took effect Jan 1.

When the Tustin council voted to confirm the mandate of the voters last month, the majority said they believed future councils should be able to revoke term limits if necessary.

That decision was strongly protested by Councilmen Jim Potts and Mike Doyle, both term-limit supporters.

Doyle said Thursday that he was pleased the limits will stand without the reversal clause: “The people voted on [term limits] originally, so why should the City Council have the right to take it away from them?”