Opinion re Appointments to Exposition Metro Line Construction Authority. INT ER OFF IC E M EM ORAN DUM DATE: TO: FROM: SUBJECT: A 2 Opinion re Appointments to Exposition Metro Line Construction 05/04/2006 MAYOR SILBIGER AND MEMBERS OF THE CITY COUNCIL Carol Schwab City Attorney CC: Authority 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 Legisla...
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