City of Burbank
City Manager’s Office
Memorandum

Date:              January 5, 2006  

To:                  Charter Review Committee Members  

From:             Betsy Dolan, Administrative Analyst  

Re:                 Prosecutorial Authority of City Attorney
                        Definition of Elector  

During the December 5, 2005 Charter Review Committee meeting, committee members had questions regarding the definition of “elector” and where the City Attorney’s Office receives its prosecutorial authority.  City Attorney Dennis Barlow has provided the following information regarding these questions for your information.  

The definition of elector can be found in the California Elections Code:  

“‘Elector’ means any person who is a United States citizen 18 years of age or older and a resident of an election precinct at least 15 days prior to an election.”  (California Elections Code section 321)  

The City Attorney’s prosecutorial authority derives from the following California Government Code section:  

“With the consent of the district attorney of the county, the city attorney of any general law or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law….”  (Government Code section 41803.5 (a))  

Please feel free to bring any questions you may have about this information to the Committee meeting on January 9, 2006 .