HomeMy WebLinkAboutCC AG PKT 2015-03-23 #A AGENDA STAFF REPORT M 4
DATE: March 23, 2015rr .
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 of Seal Beach 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 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ordinance can be rescinded, which would return the appointing authority to the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 as the acting City Clerk. In January 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 was presented with the option of either directly appointing a City
Clerk who would report directly to the City Council or transferring the authority to
appoint the City Clerk to the City Manager. The latter option would have required
the City Attorney to prepare an ordinance to effect such a delegation in
accordance with state law.
On February 9, 2015, the City Council directed the City Attorney and City
Manager to review and present a possible third option, having the City Council
Agenda Item A
directly appoint a City Clerk whose day-to-day operations would be overseen by
the City Manager.
In response to the Council's direction, the City Manager's office prepared the
attached survey of City Clerks in Orange County. The survey results reveal that
in a plurality of cities, 15 of 33, the City Manager has both appointing and
operational oversight over the City Clerk. In 6 cities, the Council has both
appointive and operational oversight authority. In 5 cities, the Council appoints
the City Clerk and the City Manager has operational oversight. In 5 cities, the
Clerk is directly elected and operates without any Council or City Manager
oversight, as Seal Beach's Clerk did formerly. There are 2 exceptions: Los
Alamitos, where the Clerk is appointed by the Council, but subject to oversight
from both the Council and the City Manager; and Tustin where the City Clerk
became an appointed position in 2012 and the City Manager currently serves in a
dual capacity.
In response to the Council's direction, the City Attorney reviewed the possibility
of having the City Council directly appoint a City Clerk whose day-to-day
operations would be overseen by the City Manager. The City Attorney has
determined this to be a viable legal option.
The City Council has the following options at this time:
1. The Council can reserve the authority to appoint and oversee the
operations of 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. The
City Clerk would answer directly to the Council.
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 and oversee the operations of the permanent
City Clerk.
3. The Council can adopt a resolution in which it reserves the authority to
appoint a permanent City Clerk while at the same time delegating to the
City Manager the ability to oversee the day-to-day operations of the City
Clerk. If the Council elects this option, it can initiate the process through
adoption of the attached draft resolution, after which the City Manager
would begin a formal recruitment process for a permanent City Clerk. The
City Council would appoint a permanent City Clerk at a later date. The
City Clerk would then be subject to the City Manager's oversight with
regard to day-to-day operations of the Clerk's office.
Page 2
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.
SUS ' TTED .�.........,.
Steven L. Flower
City Attorney
Attachments:
1. Survey of City Clerks in Orange County
2. Resolution No. 6544
Page 3
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RESOLUTION NO. 6544
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RESERVING
ITS AUTHORITY OVER THE APPOINTMENT, TENURE, AND
REMOVAL OF THE CITY CLERK AND DELEGATING TO THE CITY
MANAGER CERTAIN OVERSIGHT RESPONSIBILITY OVER THE CITY
CLERK
THE CITY COUNCIL HEREBY RESOLVES, FINDS, AND DETERMINES AS
FOLLOWS:
1. In 2014, the electors of the City of Seal Beach approved Measure EE,
which amended the City Charter to make the office of City Clerk appointive rather than
elective. Pursuant to Section 36510 of the California Government Code, when the
electors of the City have approved such a measure, the City Council shall appoint the
City Clerk, who shall hold office during the pleasure of the City Council and who is not
required to be a resident or elector in the City.
2. The City Council desires to retain the authority to appoint the City Clerk
and to also delegate the day-to-day oversight of the City Clerk's office to the City
Manager in the interest of governmental efficiency and in a manner consistent with the
Council/Manager form of government provided for in the City Charter.
3. The City Council hereby expressly reserves to itself the authority over the
appointment, tenure, and removal the City Clerk. Nothing in this Resolution shall be
construed as an abrogation or limitation of this express reservation of authority.
4. The City Council hereby delegates to the City Manager all day-to-day
personnel oversight responsibility for the City Clerk, including but not limited to
supervising the City Clerk's performance of the duties of the City Clerk as specified by
state law, the City Charter, and the Seal Beach Municipal Code; supervising the
administration of the City's personnel rules as they apply to the City Clerk; supervising
the payroll, benefits, leave accruals and usage, and other salary functions of the City to
the extent they apply to the City Clerk; and to perform such other oversight
responsibilities as the City Council might assign from time-to-time.
5. The City Manager is hereby directed to begin recruiting qualified
candidates for the City Council to consider for appointment as the permanent City Clerk.
6. The acting City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 23`d day of March, 2015 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN; Council Members:
Mayor mm
ATTEST:
City Clerk
Resolution No. 6544
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the foregoing
Resolution is the original copy of Resolution Number 6544 on file in the office of the City
Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular
meeting held on the 23`d day of March, 2015.
City Clerk......................W _ �. ... ..