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HomeMy WebLinkAboutL- 1 Resolution Establishing Selection Criteria and Term for office of Mayor Pro Tem SENT BY:Xerox Telecopier 7020 ; 4-17-97 ; 2:37AM ;BEST BEST & KRIEGER 4 818812 5155;# 2 LAW OFFICCC OF BEST BEST Si KRIEGER LLP April 16, 1997 MEINRAIEEM TO: THE HONORABLE MAYOR AND COUNCIL MEMBERS FROM: CITY ATTORNEY RE: RESOLUTION ESTABLISHING SELECTION CRITERIA AND A TERM FOR OFFICE OF MAYOR PRO TEM &MN= In accordance with the City Council's direction,the City Attorney has prepared a Resolution establishing selection criteria and setting a term for the office of mayor pro tem. The Resolution reflects what we understand to be the City Council's intention to select a new mayor pro tem each year in March in accordance with a council member's seniority(the number of consecutive years of service on the Council)and voter support as expressed in the number of votes that a council member received when he or she was elected. ighlighta of th_e Resolution The following are the highlights of the Resolution: -The mayor pro tem shall be selected on the basis of seniority and highest number of votes received in the last election in which the council member was elected to his or her current term of office; -Each council member selected as mayor pro tem shall serve from the date they are selected and accept the nomination until the following March. If the following March is not a general City election year, then the term will run up until the third Monday of March. If the next March is a general City election year,then the term shall run until the first Tuesday following the election in March because this is generally the time at which newly elected council members accept office and the Council selects a mayor pro tem. A"safety provision"is included which provides that notwithstanding the general stated term for the mayor pro tem, the mayor pro tem shall continue to serve until his or her successor is selected by the City Council and the successor accepts the nomination. -A council member may decline a nomination for mayor pro tem, and reserve the option of accepting the nomination in the subsequent year(s)during his or her existing term in office. RV➢UBKRC121103 gi,4,0 /.1./4, SENT BY:Xerox Telecopier 7020 ; 4-17-97 ; 2:38AM ;BEST BEST & KRIEGER -+ 818 812 5155;# 3 • LAW orrice! OF BEST BEST & KRIEGER LLP -When there are ties between council members based on seniority, the council member who received the highest number of votes in the last election at which both the tied council members were elected shall serve as mayor pro tem. -Each of the four council member shall have the opportunity to serve as mayor pro tem at least once. Example of How Selection Criteria and Term May Work Out Pursuant to the Resolution,based on seniority and the highest number of votes received, Council Member Hardison would have been the first council member to serve as mayor pro tem. However, since he has declined the nomination,the nomination has gone to the next most senior member of the council, Council Member Beebe. Council Member Beebe will serve as mayor pro tem until a new mayor pro tem is selected at the Council meeting on the third Monday in March 1998, or until such time as a successor accepts the position of mayor pro tern. In March 1998, Council Member Hardison will first be offered the nomination because of his seniority. If he once again declines the nomination,the nomination will go to Council Member Stanford because he will have equal seniority with Council Member Rocha,but Council Member Stanford received the highest number of votes in the 1997 election at which he and Council Member Rocha were elected. Council Member Stanford would serve until the first Tuesday following the general City election in 1999, or until his successor, Council Member Rocha takes office. Conclusion The proposed Resolution was prepared after carefully reviewing a video tape of the City Council's discussion on this matter. Staff believes that the Resolution represents the intent of the Council and,therefore, staff recommends that the Council approve the Resolution. If the Council desires to make changes to the Resolution prior to adopting it and the changes are not significant, the City Attorney will be prepared to draft the necessary changes at the meeting. fJ RVPUB4RC\21101 -2- SENT BY:Xerox Telecopier 7020 ; 4-17-97 ; 2:39AM ;BEST BEST & KRIEGER -• 818 812 5155;# 4 RESOLUTION NO. ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,ESTABLISHING SELECTION CRITERIA AND A TERM FOR THE MAYOR PRO TEM BE IT RESOLVED by the City Council of the City of Azusa as follows: Section 1. The City Council hereby adopts the following mayor pro tem selection criteria and term of office: (1) The primary intent of this Resolution is to ensure that the City's mayor pro tern is selected on objective criteria.rather-than-sabjeetive- y. Criteria such as seniority and public support as expressed in the number of votes received in an election are to be used as the basis for selecting the mayor pro tem It is the Council's intent to ensure that each council member serving on the Council receive the opportunity to serve as mayor pro tem at least once during his or her four- year term as a council member. (2) In March 1997,the mayor pro tem shall be that council member who has the greatest seniority based on the number of consecutive years of service on the Council and who received the highest number of votes in the March 1995 general City election. However,if this council member does not accept the nomination for mayor pro tem,the next council member with the most seniority shall be the mayor pro tem. The council member selected as the mayor pro tem in 1997 shall serve from the date he or she is selected by the City Council until the third Monday in March 1998,or until RVPUBISRC\21136 SENT BY:Xerox Telecopier 7020 ; 4-17-97 ; 2:39AM ;BEST BEST & KRIEGER -+ 818 812 5155;a 5 such time as his or her successor is selected by the City Council and accepts the office. (3) Beginning at the City Council meeting on the third Monday in March 1998,the mayor pro tem shall be that council member with the greatest seniority. However,if this council member does not accept the nomination for mayor pro tern,then the next most senior council member shall be mayor pro tem. However,if two council members have equal seniority,then that council member who received the highest number of votes in the March 1997 general City election shall be the mayor pro tem. The council member serving as mayor pro tern in 1998 shall serve from the date he or she accepts the nomination until the first Tuesday following the general City election in March 1999, or until such time as his or her successor is selected by the City Council and accepts the office. (4) The successor mayor pro tem shall be the next council member with the greatest seniority. Ties between council members based on seniority shall be broken by that council member who received the highest number of votes in that election where the two senior council members were elected. (5) Successor mayors pro tern shall serve from March to March of each year and a new successor shall be selected on the third Monday in March in even numbered years and the second Tuesday of March in odd numbered years. Notwithstanding this,the mayor pro tem shall continue to serve until his or her successor takes office. RVPIIL3RC121136 +" SENT BY:Xerox Telecopier 7020 ; 4-17-97 ; 2:40AM ;BEST BEST & KRIEGER -► 818 812 5155;# 6 S ctieal, The City Clerk shall certify the adoption of this Resolution, PASSED,APPROVED AND ADOPTED this day of , 1997, MAYOR I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of Azusa, at a regular meeting thereof held on the day of 1997,by the following vote of the Council. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY CLERK • 1, RVPUW3RC1Z1175 •