HomeMy WebLinkAbout2009-07-14; City Council; 19894; Qualification of City ClerkCITY OF CARLSBAD - AGENDA BILL 8
AB#
MTG.
DEPT.
19,894
07/14/09
CA
Amend Carlsbad Municipal Code
by Adding Section 2.08.032 re
Qualifications of City Clerk
DEPT. HEAD
CITYATTY. <g^'
CITY MGR. <v,— \JLa-~
RECOMMENDED ACTION:
Introduce Ordinance CS-042 establishing certain minimum criteria for eligibility to the elected
office of City Clerk.
ITEM EXPLANATION:
The voters of the City of Carlsbad determined to change the powers and duties of the City by
adopting a City Charter at the election of Tuesday, June 3, 2008. This means that the City
Council has plenary authority to legislate matters of local concern notwithstanding general laws
of the State to the contrary. Currently the only qualification for the position of City Clerk is that
the candidate must be an elector of the City of Carlsbad at the time of assuming office (Cal.
Govt. Code §36502). The office of City Clerk has numerous legal and administrative
responsibilities which are vital to the running of the City of Carlsbad. Although the City Clerk is
currently elected by the voters of the City of Carlsbad, the City Council has an interest in
ensuring that only individuals qualified to perform the functions of the City Clerk are eligible to
run for that office. Setting minimum qualifications will avoid the potential problem of an
individual without these minimum qualifications from being elected to a position which is so
integral to the effective management of city government.
FISCAL IMPACT:
Adoption of this Ordinance will have no direct fiscal impact. However, having an underqualified
individual in the position of City Clerk could potentially have a negative fiscal impact on the City
which could be avoided by adopting this Ordinance.
ENVIRONMENTAL IMPACT:
This action does not constitute a project as defined under CEQA (California Environmental
Quality Act) pursuant to CEQA regulation 15060(c)(3).
EXHIBITS:
1.Ordinance No.CS-042
DEPARTMENT CONTACT: Ron Ball (760) 434-2891
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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WHEREAS, the City of Carlsbad City Council finds that the position of
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City Clerk is responsible for carrying out complex legal and administrative functions7
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ORDINANCE NO. CS-042
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, TO ADD
SECTION 2.08.032 TO THE CARLSBAD MUNICIPAL
which are essential to the effective management of the City of Carlsbad; and
WHEREAS, the City of Carlsbad City Council finds that it is in the best
interest of the City of Carlsbad that only candidates qualified to carry out the duties
and responsibilities of the position of City Clerk be eligible to run for election to the
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains14as follows:
15 SECTION I: That section 2.08.032 is added to the Carlsbad Municipal
Code to read as follows:
"2.08.032 Qualifications of city clerk.
No person is eligible to become a candidate for the office of
City Clerk unless, at the time of the final filing date for election,
he or she meets one of the following minimum criteria:
1. Has obtained the designation of a Certified Municipal
Clerk from the International Institute of Municipal Clerks.
2. Has two years of full-time, salaried work experience in
either business administration or public administration and
possesses a bachelor's degree from an accredited college or
university."
EFFECTIVE DATE: This ordinance shall be effective thirty days after
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its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
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to be published at least once in a newspaper of general circulation in the City of
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Carlsbad within fifteen days after its adoption.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
2 the 14th day of July, 2009, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the day of , 2009, by the following vote to wit:
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6 AYES:
7 NOES:
8 ABSENT:
9 ABSTAIN:
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11 APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
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16 CLAUDE A LEWIS, Mayor
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18 ATTEST:
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20 LORRAINE M. WOOD, City Clerk
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