residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate proof of residence. Failure to provide any of the above-required documents on or before December 31 st of each year shall be referred to the City Council for further action. SECTION V: INVESTIGATION AND ENFORCEMENT Any complaint alleging fraudulent compliance with this policy shall be submitted to the City Attorney for review and potential investigation. The City Attorney may refer such complaints to the County of San Bernardino District Attorney. The District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney can elect to prosecute. Nothing herein shall preclude the City Council from investigating the matter through other means, for example through a private investigator or outside counsel. In addition, nothing herein shall preclude the City Council from enforcing a violation of this policy in any manner available under applicable law. Nothing herein shall create a private course of action not already available under applicable law. SECTION VI: TRANSPARENCY The City Clerk shall post the names and corresponding Council Ward, as appropriate, consistent with applicable confidentiality laws, of all candidates that have met the residency requirements of this Policy on the City's website and have a hard copy of the list available to be picked up at the City Clerk's Office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection in accordance with the California Public Records Act. After the election, the list of qualified candidates shall be removed from the City website and hard copies will no longer be available for pickup at the City Clerk's Office. A copy of this Policy shall be available, year-round on the City's website and a hard copy shall be available by request at the City Clerk Office during normal business hours. This will enable prospective candidates to review the residency requirements pursuant to this Policy. SECTION VII: REVIEW The Council may request, at a regularly scheduled meeting, to review the implementation and practice of this Policy and, if necessary, amend the Policy to reflect required changes. SECTION 8: EFFECTIVE DATE This Policy shall take effect upon final passage. This Policy, along with any subsequent amendments, shall be the Council Residency Policy of the City of San Bernardino. Council Residency Policy Adopted February 2, 2022, by Resolution No. 2022-24. Amended Council Residency Policy Adopted September 6, 2023 by Resolution No. 2023-140.
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Administrative Policy
Candidate Residency
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