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12-20-2005 - Issues Relating to Mayor's Rotation & Council Reorganization as a Result of Change in Municipal Election DateCity of West Covina Memorandum AGENDA ITEM NO. B-1 DATE: December 20, 2005 TO: Andrew G. Pasmant, City Manager Mayor and Members of the City Council FROM: Arnold M. Alvarez-Glasman, City Attorney SUBJECT: ISSUES RELATING TO THE MAYOR'S ROTATION AND COUNCIL REORGANIZATION AS A RESULT OF THE CHANGE IN THE MUNICIPAL ELECTION DATE RECOMMENDATION: The City Council shall select one of its members as Mayor and Mayor ProTem as required by the Government Code. Now that the municipal elections are conducted in November, the City Council should provide direction on whether to modify the existing provisions of the West Covina Municipal Code relating to the rotation of Mayor occurring in March of each year. DISCUSSION: This office has been requested to provide a list of options available for the selection and rotation process for Mayor in light of the City's recent consolidated general municipal election held on November 8, 2005. This report sets forth state law as well as the provisions of the West Covina Municipal Code ("WCMC") applicable to this issue. Pursuant to Government Code Section 36801, the City Council must meet no later than the next regularly scheduled City Council meeting following the receipt of the official canvass from the County Registrar/Recorder/County Clerk to select a Mayor and Mayor Pro Tem. Thus, at this time, the Council must select a Mayor and Mayor Pro Tem to comply with Section 36801. It should be noted that State law does not dictate the length of the Mayor's term. There is no prohibition in Section 36801 on the Mayor and Mayor Pro Tem being "reconfirmed." In fact, the California Attorney General has opined that the Mayor and Mayor Pro Tem of a general law city serve at the pleasure of the city council. (67 Ops. Cal. Atty. Gen. 405 (1984).) Thus, the requirement for selection of a Mayor and Mayor Pro Tem does not limit the Council's ability to reorganize at any time after the selection is made pursuant to Government Code Section 36801. With respect to Mayoral rotation, current subsection (a) of Section 2-21 of the WCMC requires City Council to: "...conduct its annual reorganization during its second regularly scheduled meeting of March, except in odd -numbered years when the reorganization will occur at the meeting held two (2) weeks following the March general municipal election." As a result of the City Council's action to consolidate the general municipal election and hold the elections on the first Tuesday after the first Monday in November in each odd -numbered year, the mandate of Section 2-21 has been rendered inconsistent with respect to the new November election date. At a minimum, WCMC § 2-21 must be updated to reflect the new election date. This may be done a number of ways, including deletion of the second part of the sentence commencing with "except," depending on whether the Council wishes to keep the rotation from March to March, or to move the rotation to November or to some other designated time. Since the rotation process is codified in Section 2-21 of the WCMC, any change to the mayoral succession list would require a vote of at least four (4) council members. Also, the City Council. may, by a minimum of four (4) votes, remove and replace the Mayor or Mayor Pro Tem at any time. Mayor and Members of the City Council Re: Issues Relating to the Mayors Rotation and Council Reorganization December 20, 2005, Item No. B-1 Page 2 Upon review of the above -cited law and facts relating to the recent general election, the following options are available: 1. Keep the Mayor's rotation as currently defined from March to March of each year. However, a Mayor and Mayor Pro Tem must still be selected pursuant to Government Code § 36801 after each election. The WCMC would need to be amended to require a selection or reconfirmation of a Mayor and Mayor Pro Tem after each November election. 2. Adjust the term of Mayor from November_ to November. However, the initial implementation of this term would result in the current Mayor holding the position of Mayor for a period longer than or shorter than the current one (1) year period, depending, on whether the Council wishes for the' initial implementation to begin this November or in November, 2006. Council may consider dividing the approximately eight (8) month period between March 2006 — November 2006 into two (2) periods of four (4) months, allocating an additional four (4) months each to the current Mayor's term and to the successive Mayor's term, or allocating a proportional share of months to the term of several future mayors in order to allocate the additional 8 month period. (For example, each of the Mayor's terms for both the current Mayor and the next three Mayors could be increased by two months.) 3. Redefine the term of Mayor from a one (1) year term to a term of approximately nine (9) months. This would allow all five (5) members of the City Council to have the opportunity to serve as Mayor during a four (4) year term..The WCMC would need to be amended to require a selection or reconfirmation of a Mayor and Mayor Pro Tem after each November election. 4. Create another method or timeline for selecting a Mayor, provided however, that the selection process required by Government Code § 36801 is followed after each municipal election. One such method might consist of the elimination of the rotation process and instead provide that the Council shall annually elect one of its members to be the Mayor and Mayor Pro Tem. It is recommended that the City Council provide direction as to how to proceed. Upon request, our office shall draft the appropriate ordinance(s). FISCAL IMPACT: No direct fiscal impact. Signature authorized via telephone Prepared by Arnold M. Alvarez-Glasman, City Attorney