Resolution – Filling the Vacancy in the Office of City Treasurer by Appointment.

STAFF REPORT

AGENDA ITEM: Resolution No. 2011- a Resolution of the City Council of the City of Livingston Filling the Vacancy in the Office of City Treasurer by Appointment.

MEETING DATE: January 4, 2011

PREPARED BY: Victoria Lewis, Acting City Manager

REVIEWED BY: Victoria Lewis, Acting City Manager

RECOMMENDATION:

Staff recommends that the City Council approve Resolution No.2011 a Resolution of the City Council of the City of Livingston Filling the Vacancy in the Office of City Treasurer by Appointment. The Resolution will reflect the individual appointed by a majority vote of the City Council.

BACKGROUND:

On November 4, 2008, a General Municipal Election was held to fill the vacancy in the office of the City Treasurer. On December 2, 2008, the certification of the General Municipal Election certified that Antonio Silva, by a majority vote of the people, had been elected as City Treasurer for a four (4) year term.

The City Council, at their regular meeting held December 7, 2010, appointed Antonio Silva to fill the vacancy in the office of the City Clerk, which was vacated by Donna Barnes when her permanent place of residence was no longer located inside the City limits of Livingston. Government Code section 36502 states that if "during his or her term of office, he or she moves his or her place of residence outside the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant."

Mr. Silva resigned as City Treasurer with his acceptance of the City Council’s appointment to the office of City Clerk. This created a vacancy in the office of City Treasurer.

DISCUSSION:

Government Code section 36512(b) sets the procedure for filling elective office vacancies and provides that the City Council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent.

In accordance with Government Code section 36512(b) the appointee will hold the office of City Treasurer for the unexpired City Treasurer term (i.e., until the election and installation of a City Treasurer resulting from the November 2012 general election).

As set forth in Title 1, Chapter 7, Section 2(B), the salary of the City Treasurer shall be the sum of seven hundred twenty dollars ($720) per year, payable by sixty dollars ($60) per month on the first day of each and every month.

Staff is recommending that the City Council fill the vacancy in the office of City Treasurer by appointment in order to avoid the costs of a special election.

In the event the City Council cannot reach a majority vote on an appointment, the City Council may adopt a resolution calling for a special election to be held during the next regularly established election date, not less than 1 14 days from the call of the special election (Gov’t. Code section 36512(b)). Staff would need to prepare such resolution and bring it back to the Council at a meeting before the expiration of the 30 days.

Requested Motion for Appointment

"l move that the City Council adopt the presented Resolution appointing for the Office of City Treasurer."

FISCAL IMPACT:

The fiscal impact to the City will remain at $720 annually.

ATTACHMENTS:

Resolution 2011- , a Resolution of the City Council of the City of Livingston Filling the Vacancy in the Office of City Treasurer by Appointment Government Code Section 36502, Section 36502(a), Section 36512(b) Livingston Municipal Code Title 1, Chapter 7, Section 2(B)

RESOLUTION NO. 2011-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON FILLING THE VACANCY IN THE OFFICE OF CITY TREASURER BY
APPOINTMENT

WHEREAS, on November 4, 2008, a General Municipal Election was held, in part, to fill the vacancy in the office of City Treasurer; and

WHEREAS, on December 2, 2008, the certification of the General Municipal Election, certified that Antonio Silva, by a majority vote of the people, had been elected to the office of City Treasurer, for a four (4) year term; and

WHEREAS, on November 30, 2010, the Acting City Manager was informed that City Clerk Donna Barnes had moved her place of residence outside the City limits, therefore creating a vacancy in the office of City Clerk; and

WHEREAS, Government Code section 36502 states that if "during his or her term of office, he or she moves his or her place of residence outside the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant"; and

WHEREAS, the City Council, at a regular meeting of the City Council held December 7, 2010, appointed Antonio Silva to fill the vacancy in the office of City Clerk; and

WHEREAS, Mr. Silva resigned as City Treasurer with his acceptance of the City Council’s appointment to the office of City Clerk. This created a vacancy in the office of City Treasurer; and

WHEREAS, Government Code section 36512(b) sets forth the procedure for filling elective office vacancies and provides that the City Council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy; and

WHEREAS, a person elected to fill a vacancy holds office for the unexpired term of the former incumbent; and

WHEREAS, the City Council has determined that it would be in the City’s best interest to fill the vacancy in the office of City Treasurer by appointment.

NOW, THEREFORE, BE IT RESOLVED, by the City Counci l of the City of Livingston as follows:

1. Given the options listed above as set forth in Government Code section 36512(b), the City Council hereby appoints to fill the vacant office of City Treasurer.

Page 1 of 2

2. In accordance with Government Code section 36512(b), shall hold the office of City Treasurer for the unexpired City Treasurer term (i.e., until the election and installation of a City Treasurer resulting from the November 2012 general election).

3. As set forth in Title 1, Chapter 7, Section 2(B), the salary of the City Treasurer shall be the sum of seven hundred twenty dollars ($720) per year, payable by sixty dollars ($60) per month on the first day of each and every month. This resolution shall take effect from and after the date of its passage. Passed and adopted this 4th day of January 2011, by the following vote:

AYES:

NOES:

ABSTAIN:
ABSENT:

Rodrigo Espinoza, Mayor
of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 4th day of January 2011.

Antonio Silva, City Clerk
of the City of Livingston

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