Cawdrey

Plaintiffs and appellants Ronald A. Cawdrey (Cawdrey) and Mark Conte (Conte) appeal the judgment denying their petition for writ of mandamus and application for injunctive relief from the refusal of defendants and respondents City of Redondo Beach (the City) and City Clerk John L. Oliver to permit Cawdrey to seek reelection to a third term on the city council.

The primary issues presented are (1) whether article XXVI, section 26 of the Redondo Beach City Charter (charter section 26), limiting the terms of the mayor and city council members, is a “municipal affair” authorized by article XI, section 5, subdivision (a) of the California Constitution; and (2) whether charter section 26 violates the constitutional guarantees of free speech and equal protection.

Based on our review of the provisions of the California Constitution pertaining to local government, and the legislative enactments and case law thereunder, we determine term limits for elected officials do constitute a municipal affair, and thus are within the scope of the powers granted charter cities by article XI, section 5, subdivision (a). In addition, imposition of such limits does not violate other…