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Title:
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Consideration of Adoption of a Resolution Imposing a Duty on the Mayor to Receive the Advice and Consent of the City Council Prior to Making Mayoral Appointments Pursuant to State Law.
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City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council consider adoption of a resolution imposing a duty
on the Mayor to receive the advice and consent of the City Council prior to making
Mayoral appointments pursuant to state law.
BACKGROUND:
State law may, from time to time, provide mayors throughout the state with the
authority to make appointments to various bodies. Most recently, AB 1X 26, which
was passed by the Legislature and signed by the Governor, provides such authority
to the mayors in cities with successor agencies to former redevelopment agencies to
make certain appointments to the Oversight Boards created by AB 1X 26.
Mayor O’Leary received the City Council’s consent to consider a broad policy
question as to whether the Mayor of Culver City should seek the advice and consent
of the City Council when exercising appointment authority granted by state law.
DISCUSSION:
As a Charter City, Culver City has the authority under the Charter of the City of
Culver City to administer its municipal affairs. With respect to duties of the Mayor,
Section 606 of the City Charter provides, in pertinent part:
Meeting Date: 02/13/12 Item Number: A-7
CITY COUNCIL AGENDA ITEM: Consideration of Adoption of a Resolution
Imposing a Duty on the Mayor to Receive the Advice and Consent of the City
Council Prior to Making Mayoral Appointments Pursuant to State Law.
Contact Person/Dept.:
Martin R. Cole, Assistant City
Manager/City Clerk
Phone Number:
(310)253-6000
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No [x]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Meetings and Agendas – City Council (02/09/12)
Department Approval:
Martin R. Cole (02/09/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/08/12)
Chief Financial Officer Approval:
Jeff S. Muir (02/08/12)
City Manager Approval:
John M. Nachbar (02/09/12) City of Culver City, California
Agenda Item Report
“…The Mayor shall have a voice and a vote in all City Council
proceedings, shall be the official head of the City for all ceremonial
purposes, and shall perform such other duties as may be prescribed by
this Charter or as may be imposed by the City Council consistent with
the office of Mayor. The Vice Mayor shall perform the duties of the Mayor
during the absence or incapacity of the Mayor…” (emphasis added).
In the case the City Council wishes to impose the duty upon the Mayor that the
Mayor seek the advice and consent of the City Council prior to making appointments
under authority conferred by state law, staff has prepared the attached proposed
resolution to accomplish this purpose.
The proposed resolution, if adopted, would impose the duty upon the Mayor to seek
the advice and consent of the City Council prior to making any appointments
pursuant to state law. There is an exception in the case such an appointment is
necessitated by an emergency situation (in which case, the City Council’s advice
and consent would need to be obtained at the next convening of the City Council).
FISCAL ANALYSIS:
Adoption of the proposed resolution does not create a fiscal impact for the City.
ATTACHMENTS:
Proposed resolution.
MOTION:
That the City Council:
Consider the proposed resolution which, if adopted, would impose a duty upon
the Mayor to obtain the advice and consent of the City Council when making
appointments pursuant to state law.
MEETING DATE: February 13, 2012
AGENDA ITEM Consideration of Adoption of a Resolution Imposing a
Duty on the Mayor to Receive the Advice and Consent of the City Council
Prior to Making Mayoral Appointments Pursuant to State Law.
ATTACHMENTS
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RESOLUTION NO. 2012-R
RESOLUTION OF THE CITY COUNCIL OF CULVER CITY, CALIFORNIA
IMPOSING THE DUTY ON THE MAYOR OF CULVER CITY TO CONSULT
WITH AND RECEIVE THE APPROVAL OF THE CITY COUNCIL PRIOR TO
MAKING APPOINTMENTS PURSUANT TO AUTHORITY GRANTED IN
STATE LAW.
WHEREAS, provisions of state law provide authority to mayors throughout the
state to make appointments on behalf of cities to various bodies; and
WHEREAS, the Section 606 of the Charter of the City of Culver City provides
"The Mayor shall perform such other duties as may be prescribed by this Charter or as may
be imposed by the City Council consistent with the office of Mayor..."; and
WHEREAS, in keeping with the spirit of the Charter of the City of Culver City,
the City Council works collaboratively in making policy decisions, including an opportunity for
the public to provide input; and
WHEREAS, to ensure such mayoral appointments are made only after an
opportunity for input from the general public and with the advice and consent of the City
Council as a body, the City Council wishes to impose a duty upon the Mayor to consult with
and receive the approval of the City Council prior to making Mayoral appointments pursuant
to state law.
NOW, THEREFORE, the City Council of the City of Culver City DOES HEREBY
RESOLVE, as follows:
1. The City Council, pursuant to its authority under Section 606 of the
Charter of the City of Culver City, hereby imposes the duty upon the Mayor to consult with
and receive the approval of the City Council during a duly noticed and public meeting of the
City Council prior to making Mayoral appointments pursuant to authority conferred upon the
Mayor by state law.
2. Notwithstanding Section 1 hereof, the Mayor may exercise any authority
provided under state law to make appointments in the case such appointment is required to
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MICHEAL 0' LEARY, MAYOR
City of Culver City, California
APPRO D AS TO_A9 ;
ire Mg.
PIA
A. SCHWAB, City Attorney
be made in conjunction with the existence of an emergency. Any such appointments shall be
subject to the review and approval of the City Council at the first meeting convened after such
emergency appointments are made.
3. In the case the City Council does not consent to an appointment made by
the Mayor, such appointment shall immediately be suspended and the City Council, by a
majority vote of those members present, may direct the Mayor to present another nominee for
consideration by the City Council.
4. This Resolution shall take effect immediately upon its adoption.
APPROVED AND ADOPTED, this day of , 2012.
ATTEST:
MARTIN R. COLE, City Clerk
Al2-00148
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