HomeMy WebLinkAbout2010-07-27; City Council; 20321; CITY TREASURER VACANCYCITY OF CARLSBAD - AGENDA BILL
20.321AB#
MTG. 7/27/10
DEPT.CA
AMENDMENT TO CARLSBAD
MUNICIPAL CODE SECTION 2.04.030
ENTITLED VACANCIES IN OFFICE AND
DETERMINATION IF CITY TREASURER
VACANCY IS TO BE FILLED
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Introduce and adopt Urgency Ordinance No.
Code section 2.04.030-Vacancies in Office, in order to modify the timing for the call of a special
election.
CS-100 .amending Carlsbad Municipal
declaring a vacancy and appointing an interim City Treasurer
of the term until November 2010 or adopt Resolution No.
Adopt Resolution No. 2010-197
to serve out the remainder
2010-198 declaring a vacancy and leaving the position unfilled until the general election in
November 2010 and designating a person(s) with interim authority to perform the duties of the
City Treasurer.
ITEM EXPLANATION:
Due to the untimely death of the City Treasurer, there is now a vacancy in office. The term of
that office was due to expire in November 2010 and the nomination period for candidates to that
office has not yet expired.
Carlsbad Municipal Code Chapter 2.04 provides that when there is a vacancy in an elected
office the City Council may within sixty days of the effective date of the vacancy, either fill the
vacancy by appointment or call a special election to fill the vacancy to be held on the next
regularly established election date not less than 114 days from the call of the special election.
It is necessary to amend Municipal Code section 2.04.030 on an urgency basis in order to
modify the timing for the call of a special election if a vacancy in office occurs prior to the close
of a nomination period for a general election. Thus, a previously scheduled election may suffice
in lieu of the special election and the City Treasurer term would begin anew at that election.
As the position of City Treasurer is currently vacant and the incumbent's term was scheduled to
expire in November 2010, the City Council may either appoint someone to fill the vacancy until
November 2, 2010 or allow the position to remain vacant until the November general election,
confirming interim authority to perform the duties of the City Treasurer.
FISCAL IMPACT:
Adoption of this ordinance would avoid the costs and expense of holding a special election in
the event that an elected office position is not on the ballot for the next regularly scheduled
election due to expiration of the term for that position.
DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
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ENVIRONMENTAL IMPACT:
This ordinance amendment is not a "project" within the definition of the California Environmental
Quality Act in that it does not have a direct or indirect impact on the physical environment under
CEQA Regulation 153789(b).
EXHIBITS:
1. Urgency Ordinance No. cs-100 amending Section 2.04.030 of the Carlsbad
Municipal Code modifying the timing for the call of a special election.
2. Redline version of CMC 2.04.030
3. Resolution No. 2010-197 declaring a vacancy and appointing an interim City
Treasurer to serve out the remainder of the vacated term until November 2010.
4. Resolution No. 2010-198 declaring a vacancy and authorizing the Deputy City
Treasurer to perform any*duties normally performed by the City Treasurer until a City
Treasurer is elected on November 2, 2010.
3 SECTION 2.04.030-VACANCIES IN OFFICE
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been created a vacancy in office; and
7 WHEREAS, the nomination period for candidates to that office has not
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yet expired; and
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WHEREAS, a special election to fill the vacancy in that office would be10
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ORDINANCE NO. CS-100
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA,
ADOPTING AN URGENCY ORDINANCE AMENDING
WHEREAS, due to the untimely death of the City Treasurer, there has
expensive and unnecessary since a general election will be held on November 2,
2010; and
WHEREAS, it is necessary to amend Carlsbad Municipal Code section
14 2.04.030 on an urgency basis in order to modify the timing for the call of a special
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election; and
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
,Q as follows:To
SECTION 1: That section 2.04.030 is amended to the Carlsbad
Municipal Code to read as follows:
21 2.04.030 Vacancies in office-
22 (a) This section is adopted pursuant to Article XI section 5 of the California
23 Constitution for charter cities which provides plenary authority for the
conduct of local elections. If a vacancy occurs in an elected office of a
member of the city council, the city clerk or city treasurer the council shall,
within sixty days of the effective date of the vacancy, either fill the vacancy
by appointment or call a special election to fill the vacancy, provided,
however, that when petitions bearing ten percent of the verified signatures
of registered voters are presented to the city clerk, a special election shall26
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circumstances, shall hold office until the date of the special election. The
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be called. A person appointed by the council to fill a vacancy in such
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vacancy is filled by appointment by the City Council.
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special election shall be held on the next regularly established election date
not less than one hundred fourteen days from the call of the special
election. A person appointed, when no special election has been called, or
elected to fill a vacancy holds office for the unexpired term of the former
incumbent.
(b) If the council fails to fill the vacancy within sixty days, it shall
immediately call an election to fill the vacancy, to be held on the next
established election date not less than one hundred fourteen days
(c) Notwithstanding anything herein to the contrary, when a vacancy occurs
in elected office prior to the close of the nomination period, the vacancy
shall be filled by the general election regardless of whether or not the
SECTION 2: It is necessary this ordinance take effect immediately in
order to eliminate the requirement of holding a special election when a general
election is already scheduled to fill an elected office.
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EFFECTIVE: This ordinance shall be effective immediately after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the 27th day of July , 2010, by
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard & Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
ATTEST:
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2.04.030 - Vacancies in office.
(a)This section is adopted pursuant to Article XI section 5 of the California
Constitution for charter cities which provides plenary authority for the conduct of
local elections. If a vacancy occurs in an elected office of a member of the city
council, the city clerk or city treasurer the council shall, within sixty days of the
effective date of the vacancy, either fill the vacancy by appointment or call a
special election to fill the vacancy, provided, however, that when petitions
bearing ten percent of the verified signatures of registered voters are presented
to the city clerk, a special election shall be called. A person appointed by the
council to fill a vacancy in such circumstances, shall hold office until the date of
the special election. The special election shall be held on the next regularly
established election date not less than one hundred fourteen days from the call
of the special election. A person appointed, when no special election has been
called, or elected to fill a vacancy holds office for the unexpired term of the
former incumbent.
(b)lf the council fails to fill the vacancy within sixty days, it shall immediately call
an election to fill the vacancy, to be held on the next established election date not
less than one hundred fourteen days thereafter.
(c) Notwithstanding anything herein to the contrary, when a vacancy occurs in
elected office prior to the close of the nomination period, the vacancy shall be
filled by the general election regardless of whether or not the vacancy is filled by
appointment by the City Council.
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RESOLUTION NO. 2010-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPOINTING A CITY
TREASURER
WHEREAS, due to the untimely death of City Treasurer Harold "Mac"
McSherry a vacancy in the poaitJ0r£pfCity Treasureris^reby declared; and
WHEREAS, the term of oS([ce in which said vafancy was created was due
to expire in November 2010; and
WHEREAS, Carload Municipal C^de section 2.04.030 /bvides that the
City Council may appoint a City Treasurer to serve rH^emainder qjrthe unexpired term
within 60 days of the effective date of the\acancy;
NOWJ-HEREI^E, BE IT RESOLVED by the /ity Council of the City of
Carlsbad, California,\s follows:
1.That the above recitation\are true and cor
.That
Treasurer of me City of Carlsba^jjntil^rCity Treasurer is elected on November 2, 2010
and sworn into \ffice.
is hereby appointed to serve as City
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
2 Council of the City of Carlsbad on the day of
3 2010, by the following vote:
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AYES:
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NOES:
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ABSENT:8
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CLAUDE A LEWIS, Mayor
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ATTEST:
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LORRAINE M. WOOD, City Clerk
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1 RESOLUTION NO. 2010-198
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING A VACANCY IN
3 THE POSITION OF CITY TREASURER
4 WHEREAS, due to the untimely death of City Treasurer Harold "Mac"
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McSherry a vacancy in the position of City Treasurer is hereby declared; and
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WHEREAS, the term of office in which said vacancy was created ends in
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November 2010; and8
WHEREAS, the City Council does not wish to appoint a City Treasurer to
serve for the remainder of the incumbent's unexpired term; and
11 WHEREAS, certain duties normally handled by the City Treasurer may be
12 performed prior to the election of a new City Treasurer on November 2, 2010 by the
Deputy City Treasurer; and
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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18 2. That the Deputy City Treasurer is hereby authorized to perform any duties
19 normally performed by the City Treasurer until a City Treasurer is elected on November
20 2, 2010 and sworn into office.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of July, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LORRAINE M
(SEALT