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Home My WebLink About17 DELEGATION OF AUTHORITY TO APPOINT CITY CLERK1TY O T AGENDA REPORT MEETING DATE: TO: FROM: SUBJECT: SUMMARY SEPTEMBER 4, 2012 JEFFREY C. PARKER, CITY MANAGER DAVID E. KENDIG, CITY ATTORNEY Agenda Item 17 Reviewed: City Manager Finance Director DELEGATION OF AUTHORITY TO APPOINT CITY CLERK The voters of the City of Tustin have determined that the position of City Clerk should be an appointed rather than elected position. Pursuant to prior City Council direction, the attached Ordinance would, if approved, vest with the City Manager the authority to appoint and remove the City Clerk. RECOMMENDATION By motion, approve first reading by title only, and waive further reading, of Ordinance No. 1417 of the City Council of the City of Tustin Adopting Tustin City Code Section 1424 And Amending Section 1415 Vesting In The City Manager The Authority To Appoint The City Clerk. FISCAL IMPACT No fiscal impact. BACKGROUND /DISCUSSION State law requires each city to have a City Clerk to perform a wide range of functions mandated by State law and local ordinances. By City Council Resolution 10 -73, the City Council placed an initiative on the November 2, 2010 ballot asking the voters in the City whether the position of the office of the City Clerk should be appointive instead of elected. The initiative was approved by a majority of the voters casting votes at the election. As a result, at the conclusion of Pamela Stoker's current term as elected City Clerk in November, 2012, the City Clerk position will be an appointed position. After voter adoption of the Initiative, City Council Resolution 10 -73 directed City Staff to return to the Council with a proposed Ordinance for consideration by the City Council that would vest in the City Manager the authority to appoint the City Clerk. This Agenda Report and the attached proposed Ordinance No. 1417 are provided in response to that direction. Pursuant to Government Code section 36510, the City Council is authorized, by adoption of an ordinance, to vest with the City Manager the authority to appoint the City Clerk. This Ordinance will provide the City Manager with such authority and amend other provisions of the City Code to be consistent with that authority. If the attached ordinance is not adopted, the City Council would retain the authority, by majority vote, to appoint and remove the City Clerk. Appointment of the City Clerk by the City Manager would be consistent with the Council /Manager form of government under which the City of Tustin operates. Under this form of city governance, the City Manager manages the day -to -day affairs of the City and has authority, consistent with labor agreements approved by the City Council, to hire and remove virtually all City employees except the City Attorney, The City Attorney will be available at the time of the City Council meeting to respond to any questions. NDIG ORDINANCE NO. 1417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE TO MAKE THE POSITION OF CITY CLERK AN APPOINTED POSITION PURSUANT TO AN INITIATIVE ADOPTED BY THE VOTERS AT THE NOVEMBER 2, 2010 GENERAL ELECTION City Attorney Summary An initiative was placed on the November 2, 2010, ballot by the City Council asking the voters in the City whether the position of the office of the City Clerk should be appointive. The initiative was approved by a majority of the voters casting votes at the election. Adoption of this Ordinance implements the voters' direction that the office of the City Clerk shall be changed from an elected position to an appointive position upon the expiration of the term of the current elected City Clerk. Pursuant to Government Code section 36510, the City Council is authorized, by adoption of an ordinance, to vest with the City Manager the authority to appoint the City Clerk. This Ordinance will provide the City Manager with such authority and amend other provisions of the City Code to be consistent with that authority. The City Council of the City of Tustin finds: A. At the November 2, 2010, general election the following initiative question was put before the voters of the City of Tustin: "Shall the office of the City Clerk be appointive ?. B. The initiative was approved by a majority of the voters casting votes at the election. The initiative required a simple majority for approval and thus, was approved. C. The full text of the initiative ordinance submitted to the voters at the November 2, 2010, general election provided that the City Council could, by adoption of an ordinance, authorize the City Manager to appoint the City Clerk. D. Pursuant to Government Code section 36510 the City Council is authorized by ordinance to vest the authority to appoint the City Clerk with the City Manager. Now, therefore, the City Council of the City of Tustin does ordain as follows: Section 1. Sections 1413 and 1415 of the Tustin City code are amended as follows: Section 1413 shall be amended to delete the words, "City Clerk ". Section 1415b shall be amended to delete the words, "City Clerk ". Section 1415c shall be amended to delete the words, "City Clerk ". Section 2. Part 2 of Article 1 entitled "City Clerk" shall be deleted in its entirety and replaced with the following: "1421 —APPOINTMENT AND REMOVAL OF THE CITY CLERK. The City Manager shall appoint and remove the City Clerk. The City Clerk shall hold office at and during the pleasure of the City Manager. The City Clerk shall receive such compensation and expense allowances as the City Council shall from time to time determine and duly fix, and such compensation and expense shall be a proper charge against such funds of the City as the City Council shall designate. Residence requirements shall not be required as a condition of appointment. "1422 — DUTIES The City Clerk shall execute all duties as defined by the laws of the State of California, issues licenses and permits as authorized and directed by this Code and by ordinances or resolutions of the City Council duly enacted from time to time, and attend all meetings of the City Council, unless excused by the City Manager." Section 3. Severability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Effective Date This Ordinance shall take effect 30 days from and after the date of its final passage. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on the day of , 2012. JOHN NIELSEN, MAYOR ATTEST: PAMELA STOKER, CITY CLERK APPROVED AS TO FORM: DAVID KENDIG, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1417 PAMELA STOKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1417 was duly and regularly introduced and read at the regular meeting of the City Council held on the 4th day of September, 2012, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 18`h day of September, 2012, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk