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Title:
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Opinion re Appointments to Exposition Metro Line Construction Authority.
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9770 CULVER BOULEVARD CULVER CITY, CA 90232-0507
INTEROFFICE MEMORANDUM
DATE: 05/04/2006
TO: MAYOR SILBIGER AND MEMBERS OF THE CITY COUNCIL
FROM: Carol Schwab, City Attorney
SUBJECT: A-2 Opinion re Appointments to Exposition Metro Line Construction
Authority
CC: Jerry Fulwood, CAO
Martin Cole, ACAO
Steve Cunningham, Transportation Director
Susan Evans, Community Development Director
Our office, with the assistance of other departments, has completed its
review of the issue raised at the April 24, 2006, City Council meeting relating to
the length of the terms for Culver City’s representative and alternate to the
Exposition Metro Line Construction Authority (“Authority”). Our research has
confirmed the interpretation, which I expressed Monday night, that the City
Council has the authority under the statute [Public Utilities Code Section
132615(a)] to appoint and/or replace its representative and alternate to the
Authority. In addition, Section 132615(b) stating that a member’s term is “not
more than four years,” gives clear language and direction and is supported by the
legislative history.
As directed, City staff contacted the Senate Office of the bill’s author,
Senator Sheila Kuehl, requesting clarification of the intent of the legislation (SB
504). Her office replied “Although the legislation establishes 4 year terms, it is
always up to the appointing authority to change their designated appointee
before the 4 years are up.”
A search of the legislative history, including Senate Transportation
Committee Reports, found consistent references to the “not more than 4 years”
language. We also do not believe that the Legislative Counsel’s Digest, stating “a
member is appointed to terms of 4 years,” creates a conflict, as it is a summary
of the legislation and does not take away the Council’s ultimate authority. Even if
a conflict could be found, the Legislative Counsel’s opinion, although given
respect, is not binding.
As further requested by Council, we researched the Legislative Counsel’s
authority. In reviewing the Legislative Counsel’s website, we found that the
Legislative Counsel is appointed by a concurrent resolution of the State Senate FILE NAME: $ASQPDF103936.DOC PRINTED ON RECYCLED PAPER
and Assembly. (Government Code Section 10201.) Their role is to “assist the
Legislature, the Governor, and other state officers by providing legal services
relating to the legislative process. [They] draft legislation, render legal opinions,
provide counsel to the Members and committees of the Legislature, and
represent the Legislature in litigation…” The Legislative Counsel is not a judicial
position, and her opinion, while useful, is not binding on the courts and does not
have precedential value.
As stated above, our Office concludes that the City Council has the
authority to appoint and/or replace representatives to the Authority, prior to the
expiration of a four-year term.