Charter review committee approves draft eligibility language and asks attorney for clarifying language

The Charter Review Committee voted to accept revised eligibility language for section 2.02, after a presentation from city attorney Mr. Stokes and a brief discussion about how pardons and expungements should affect eligibility.

Mr. Stokes said the draft splits the eligibility rule into three parts (A, B and C), retains the substance the committee discussed previously, and adds a specific date for when qualification requirements must be met — the day a candidate files qualifying paperwork with the city clerk. "I set the date that it would be the day that they qualify, the day they submit their paperwork to the city clerk," he said, adding the date was a placeholder and open to discussion.

Why it matters: the clause determines whether a candidate who obtains an order of pardon or expungement after filing but before election day would qualify. Committee members worried the ambiguity could invite litigation or confusion among prospective candidates.

During the exchange, Mr. Stokes described the legal difference between a pardon and an expungement: a pardon relieves the recipient from punishment but does not remove the conviction from the record, while an expungement removes the offense from public record in many cases but may have different eligibility rules. "A pardon is where you are seeking from the governor an order saying that you are excused from the punishment of the crime you were convicted of. An expungement wipes it off your record," he said.

Committee members also debated whether the word "conviction" should be defined to include withheld adjudications and no-contest pleas, which can affect whether an expungement is available. Sharon Herman — who said she previously served as a prosecutor — urged the group to clarify whether "conviction" means an adjudication of guilt or also encompasses a withheld adjudication that may be eligible for expungement. "If conviction means adjudication of guilt, we don't need to require expungement because adjudications can't be expunged," she said.

The committee approved the eligibility section as written; one member voiced opposition during the roll call on that motion. Members asked the city attorney to draft clarified language addressing the conviction/withhold/expungement distinction and to return to the committee at the next meeting.

Next steps: The committee agreed to pause one regular meeting to allow the attorney to prepare refined language. The group will reconvene March 30 to review the revised text and finalize the recommended charter changes.

Quotes

"I set the date that it would be the day that they qualify, the day they submit their paperwork to the city clerk," Mr. Stokes said, describing the proposed filing-date trigger.

"A pardon is where you are seeking from the governor an order saying that you are excused from the punishment of the crime you were convicted of. An expungement wipes it off your record," Mr. Stokes said.

"If conviction means adjudication of guilt, we don't need to put or expunge," Sharon Herman said, noting differences in availability of expungement for withheld adjudications.

The meeting adjourned without further votes on the substance; the attorney will return with clarified draft language at the committee's next scheduled meeting.