Garver
Garver v. Council of City of Oakland
Opinion
Lead Opinion
A petition was filed on September 6, 1928, with the council of the city of Oakland, to submit to the electors a proposal to establish a council-manager form of government for the municipality and to amend certain sections of its charter. This proceeding is one in mandamus to compel the council and its members, who are made respondents, to transmit the petition to the county clerk of Alameda County for verification of the signatures thereon and to provide the expense of making the verification.
It is provided by section 8 of article XI of the constitution that “The charter of any city or city and county may be amended by proposals therefor submitted by the legislative body of the city on its own motion or on petition signed by fifteen per cent of the registered electors, or both. Such proposals shall be submitted to the electors only during the six months next preceding a regular session of the legislature or thereafter and before the final adjournment of that session, and at either a special election called for that purpose or at any general or special election. Petitions for the submission of any amendment shall be filed with the legislative body of the city or city and county…