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HomeMy WebLinkAbout12. Scheduling Meeting Date for Mayor Selection AGENDA MEMO DATE: October 26, 2010 TO: Honorable Mayor and Members of the City Council FROM: Charles S. Vose, Interim City Attorney SUBJECT:SCHEDULING OF MEETING DATE FOR MAYOR SELECTION RECOMMENDATION That the City Council further discuss this matter and select one of the two options below: 1. Receive and file this report which will result in a continuance of scheduling the Mayor rotation to occur at the first meeting in December with the outgoing Mayor and outgoing Council Members receiving recognition for their past service and, thereafter (at the same meeting), the new Council Members are seated and a new Mayor selected. 2. Adopt a new policy that directs staff to agendize an item for the second meeting in November to determine if the Council desires to follow the City Council policy that was adopted on May 27, 2008, for rotation of the Mayor. A. If the Council votes at the November meeting to follow the scheduled Mayor rotation, then the first meeting in December will proceed in the existing manner with the City Clerk submitting a proposed sequence of rotation to be approved by the City Council at the time of the reorganization of the City Council. (The outgoing Mayor and outgoing Council Members being recognized and the new Council Members being seated and the New Mayor selected at the same meeting). B. If the Council votes at the November meeting not to follow the scheduled Mayor rotation, the Council will schedule two separate meetings during the first and second week of December. i. The first meeting can be set for some time during the first week of December for the recognition of the outgoing Mayor and Council Members and give the oath of office and seating to any new Council Members. The traditional ceremony will follow this meeting and the Council would postpone the vote on the new Mayor until the next Regular meeting of the City Council. During the time period between the adjourned Council meeting and the regular Council meeting the existing Mayor Pro Tem shall assume the duties as Mayor, should any need arise. CITY OF DOWNEY, CALIFORNIA ii. At the second meeting, the first item on the Agenda will be the election of the new Mayor and Mayor Pro Tem. The new Mayor will then have an opportunity to address the public, with the regular agenda of the City Council to follow. DISCUSSION At the request of Council Members, I have prepared the above options to provide a basis for the Council to consider the idea of separating the vote on the selection of the New Mayor from the recognition of the outgoing Mayor and any outgoing Council Members. By having the issue brought forward at the second meeting in November, any discussion and/or conflict over the New Mayor selection can occur separate and apart from the traditional ceremonial meeting to recognize the outgoing Mayor and Council Members. I recognize that the potential exists that a newly elected council member may not be able to vote at the November meeting; however, such newly elected council member could address the Council as a member of the public when the issue is raised on the Agenda. There is another option that the Council could establish a new policy to always hold two separate meetings in December with the vote on the New Mayor to always occur at the beginning of the second meeting. However, it is my understanding that the Council is only interested in separating the traditional ceremonial aspects associated with recognizing the outgoing Mayor and any outgoing Council members from electing a New Mayor when there is a desire to change from the normal Mayor Rotation. Therefore, I did not present this as a recommended option. The following parameters come into play for this consideration: 1. Downey City Charter Section “Section 504. PRESIDING OFFICER. At such time as the term of a member of the City Council commences, and at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs, and needs of the City government to the people, and, as occasion requires, may inform the people of any major change in policy or program. The Mayor shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. The City Council shall also designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability.” (Emphasis added) 2. The adopted City Council policy of May 27, 2008, directs the City Clerk to submit a proposed sequence of rotation to be approved by the Council. This occurs each year at the time of reorganization of the Council which occurs in December. 3. Every even numbered year new members of the City Council must be seated before the vote on Mayor takes place and the County of Los Angeles takes up to thirty days to canvass the results of the election. 4. Traditionally, the outgoing Mayor and outgoing Council Members have received recognition for their past service at the same time as the new Mayor and Council Members are seated. The incoming Mayor has had an opportunity to select the decorating theme, food, etc. Formal invitations have been mailed several weeks before the event.