01-14-2005 - Appointment of City ClerkI
City of West Covina
Memokandum
AGENDA
ITEM NO. II
DATE January 14, 2005
TO: Andrew G Pasmant, City Manager
and the City Council
FROM: Chris Freeland
Special Assistant to the City Manger
SUBJECT: APPOINTMENT OF CITY CLERK
RECOMMENDATION:
Staff recommends that the City Council adopt the following resolution to appoint a City Clerk.
YI
RESOLUTION NCY."` s� A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPOINTING TO FILL
THE PRESENT . TERM OF 'CITY CLERK UNTIL
NOVEMBER 8, 2005.
E .
DISCUSSION:
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The elected City Clerk of West Covina resigned from the position on December 16, 2004. It is
necessary for the City Council to appoint a City Clerk who would serve until November 8, 2005,
or to direct staff to prepare the necessary documents to call for a special election on June 7, 2005.
The City Clerk's position is a ceremonial position that has the following responsibilities:
■ Custodian of the City Seal;
■ Attest/certify City documents requiring the City Clerk's signature;
■ May administer the oath of office to elected and appointed officials; and
■ May appoint deputies to assist the City Clerk in the execution of the City Cleric's duties.
In addition, the City Clerk receives a monthly stipend of $150.
The procedure for filling the vacancy of an elected official, who vacates office prior to the
expiration of his/her elected term, is governed by section 36512 of the Government Code.
Specifically, Government Code section 36512(b) provides that if a vacancy occurs in an elective
office before the natural expiration of the term, the city council must, within thirty days, either
appoint a replacement for the remainder of the term, or call a special election to fill the vacancy.
If the council decides to call a special election, it must "be held on the next regularly established
election date not less than 114 days from the call of the special election." Whether appointed or
elected,.a replacement will serve only for the unexpired portion of the original term.
Thus, Government Code section 36512(b) provides a city council with two options upon the
resignation of an elected City Clerk. Each of these options is discussed, in turn, below.
Option 1: APPOINT A CITY CLERK
Government Code section 36512(b) expressly authorizes a city council to appoint a City Clerk to
fulfill any unexpired term of office. The present City Clerk's current terns of office will expire on
March 8, 2005. However, with the City Council moving the election from March 8, 2005, to the
first Tuesday after the first Monday in November of odd numbered years, this option allows the
City Council to appoint a City Clerk who would serve until November 8, 2005.
The City has received four letters of interest from residents of West Covina wishing to be
appointed City Clerk (Laurie J. Carrico, Rachella C. Lewis, Orfadina Nevarez, and Sandra
Taylor). California Elections Code states " No person is eligible to be elected or appointed to an
elective office unless that person is a registered voter and otherwise qualified to vote for that
office at the time that nomination papers are issued to the person or at the time of the person's
appointment." City staff has verified that each of the four individuals is, registered to vote in
West Covina.
The City Council has the authority to appoint any registered voter residing in West Covina
including, but not limited to, individuals that have submitted a letter of interest.
However such appointment must be made on or before January 15, 2005
Option 2: HOLD A SPECIAL ELECTION IN JUNE OF 2005
Govenunent Code section 36512(b) also expressly authorizes a call for a special election to fill
the vacancy left by the early resignation of an elected official. This election must, however, "be
held on the next regularly established election date. not less than 114 days from the call of the
special election (emphasis added)." Pursuant to Elections Code section 1000, "established
election dates" in odd numbered years are: 1) The first Tuesday after the first Monday in March
(3/8/05); 2) The first Tuesday after the first Monday in June (6/7/05); and 3) the first Tuesday
after the first Monday. in November (11/8/05). As such,, a special election called to fill the
unexpired term of the City Clerk's office must occur on the first established election date set -forth
by Elections Code section 1000, not less than 114 after the call for the election. As set forth
above, the City Clerk's separation date was December 16, 2004, which is lessythan .114 days from
the next regularly, established election date of March 8, 2005.. _Thus, given the present
circumstances, the special election to fill the unexpired term of the City Clerk's office would
have to beheld on June 7, 2005, which constitutes the next regularly established election date
greater than 114 days from the call for the special election.
FISCAL IMPACT:
There are no additional costs in appointing a City Clerk.
Should the City Council instruct City staff to hold a special election in June 2005, to fill the
vacancy in 'the City Clerk's position for the unexpired portion of the term, would result- in an
expenditure' of approximately $80,000 for the special election.
Prepared by:
(32
Chris Freeland
Special Assistant to the City Manager
Reviewed &approved by:
Approved,via phone
Arnold M. -Alvarez-Glasman
City Attorney
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