HomeMy WebLinkAboutCC AG PKT 2015-02-09 #A E ..'
AGENDA STAFF REPORT
DATE: February 9, 2015
TO: Honorable Mayor and City Council
FROM: Steven L. Flower, City Attorney
SUBJECT: City Clerk Appointment
SUMMARY OF REQUEST:
That the City Council provide direction to the City Manager and City Attorney
regarding appointment of a permanent City Clerk.
BACKGROUND AND ANALYSIS:
The majority of California cities have an appointed City Clerk. In some cities, the
City Clerk is hired by the City Manager. In other cities, the City Council appoints
the City Clerk. Under the City Charter, the City Clerk was previously an elected
position.
In November 2014, the voters of the City approved Measure EE, which amended
the City Charter to allow for the appointment, rather than the direct election of, a
City Clerk.
Pursuant to the state law, when the voters have passed such a measure, the City
Clerk shall be appointed by the City Council unless and until the Council adopts
an ordinance transferring the appointing authority to the City Manager. Such an
ordinance can be rescinded, which would return the appointing authority to the
City Council.
In December 2014, the previously elected City Clerk retired and the City Council
appointed Tina Knapp to be the Acting City Clerk. In January of 2015, the City
Council requested that the City Attorney prepare a report outlining its options
regarding the appointment of a permanent City Clerk.
The City Council has the following options at this time:
1. The Council can reserve the authority to appoint a permanent City Clerk.
If the Council elects this option, it may direct the City Manager to begin a
formal recruitment process. The City Council would appoint a permanent
City Clerk at a later date.
Agenda Item A
2. The Council can direct the City Attorney to prepare an ordinance to
transfer the authority to appoint the City Clerk to the City Manager. If the
Council so directs, it would consider whether to adopt the ordinance at a
subsequent meeting. If the ordinance is adopted, the City Manager would
have the authority to appoint a permanent City Clerk.
ENVIRONMENTAL IMPACT:
This action is exempt from the California Environmental Quality Act because it is
not defined as a "project" under CEQA.
FINANCIAL IMPACT:
There is no financial impact in receiving this information.
RECOMMENDATION:
That the City Council provide direction to the City Manager and City Attorney
regarding appointment of a permanent City Clerk
SUBMITTED BY
Steven L. Flower
City Attorney
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