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HomeMy WebLinkAboutResolution No. 23-8144 - Rescinding Portion of Reso No. 4582 to Clarify Rec & Comm Svcs Commission Does Not Receive CompRESOLUTION NO. 23-8144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY I RESCINDING PORTIONS OF RESOLUTION NO. 4582 TO CLARIFY THAT MEMBERS OF THE RECREATION AND COMMUNITY SERVICES COMMISSION DO NOT RECEIVE COMPENSATION WHEREAS, on February 25, 1975, the City Council of the City of Downey adopted Ordinance No. 476, which amended Section 2441 of the Downey Municipal Code to provide that members of the City's Recreation and Community Services Commission (the "Commission") shall serve without compensation; and WHEREAS, on May 28, 1985, the City Council adopted Resolution No. 4582 to establish compensation rates for certain City boards and commissions; and WHEREAS, among the commissions listed in Resolution No. 4582 was the Commission; and WHEREAS, the inclusion of the Commission in Resolution No. 4582 is inconsistent with the language of Ordinance No. 476; and WHEREAS, California law gives precedence to ordinances over resolutions; and WHEREAS, notwithstanding the text of Resolution No. 4582, members of the Commission have not received any compensation to date; and WHEREAS, the City desires to resolve the discrepancy between Resolution No. 4582 and the express terms of Downey Municipal Code Section 2441. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That Section 20 of Article I, Part II, of the City of Downey Personnel Manual is hereby amended to strike all reference to the Recreation and Community Services Commission and any corresponding compensation. SECTION 2. Those portions of Resolution No. 4582 that are inconsistent with this Resolution No. 23-8143 are hereby rescinded. SECTION 3. Other than removing reference to the Recreation and Community Services Commission, no other changes are made to the substance of Resolution No. 4582 or the City of Downey Personnel Manual. SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption. SECTION 5. Publication. The City Clerk shall certify to the adoption of this Resolution. RESOLUTION NO. 23-8144 PAGE 2 APPROVED AND ADOPTED this 14th day of February, 2023. 'CLAUDIA M. ET , Mayor ATTEST: rOIAR A ALICIA DUARTCTMC City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Special meeting held on the 14th day of February, 2023 by the following vote, to wit: AYES: Council Members: Horn, Sosa, Trujillo, Frometa NOES: Council Members: None. ABSENT: Council Members: Alvarez ABSTAIN: Council Members: None. A IA ALICIA D ART C City Clerk