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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Resolution of the Mayor and Common Council
of the City of San Bernardino Providing for the
Appointtnent of a Mayor Pro Tempore on a Rotation
Basis and Rescinding Resolution No. 2003-81
Dept: CITY ATTORNEY
Date: February 26. 2004
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Synopsis of Previons Council Action:
06-23-94: Mayor and Common Council Adopted Resolution No. 94-134.
04-07-03: Mayor and Common Council Adopted Resolution No. 2003-81.
Recommended motion:
That said Resolution be Adopted.
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Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
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Agenda Item No. 24
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STAFF REPORT
Council Meeting Date: March 1.2004
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
February 26, 2004
Resolution ofthe Mayor and Common Council of the City
of San Bernardino Providing for the Appointment of a Mayor
Pro Tempore on a Rotation Basis and Rescinding Resolution
No. 2003-281 (Agenda Item #24).
San Bernardino City Charter Section 36 states as follows:
"The Mayor shall preside at all meetings of the Common Council,
but shall not be entitled to vote. In the absence of the Mayor, the Common
Council may choose one of their own number to preside who shall retain
the right to vote upon all questions under consideration, and shall have the
same power to disapprove any order made by the Common Council, and
with like effect as the Mayor would have had if present at this meeting.
In case of vacancy, or if by reason of absence from the City, or sickness,
or from any other cause, the Mayor is unable to perform the duties of his office,
the Common Council shall appoint one of their own number Mayor pro-tempore
who shall have all powers and authority which the Mayor would have possessed
if personally present and attending to such duties, but such Mayor pro-tempore
shall not lose his vote as councilman."
With two new council members assuming their office on March 1,2004, a new resolution
documenting the monthly rotation appointment process which is consistent with Charter Section 36
and which continues the same rotating order currently in effect as established by Resolution No.
2003-81 is appropriate. Resolution No. 2003-81 would be rescinded upon adoption of the attached
resolution. It is requested that the attached resolution be adopted.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROVIDING FOR THE APPOINTMENT OF A MAYOR PRO
3 TEMPORE ON A ROTATION BASIS AND RESCINDING RESOLUTION NO. 2003-81.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
SECTION I. Pursuant to Section 36 of the Charter of the City of San Bernardino, the
Mayor and Common Council do hereby re-establish the procedure for the appointment of a Mayor
Pro Tempore to be effective and operative in case of vacancy, or ifby reason of absence from the
City, or sickness, or from any cause, the Mayor is unable to perform the duties ofthe office. In
such cases the rotating appointment of a Mayor Pro Tempore shall be automatically made for each
month in advance by the adoption of this resolution in the order of the wards represented by the
Council members and shall commence with the Mayor Pro-Tempore being the Council member
from the Fourth Ward during the month of March, 2004, the Council member from the Fifth Ward
during the month of April, 2004, the Council member from the Sixth Ward during the month of
May, 2004, the Council member from the Seventh Ward during the month of June, 2004, the
Council member from the First Ward during the month of July, 2004, the Council member from
the Second Ward during the month of August, 2004, the Council member from the Third Ward
during the month of September, 2004, and thereafter rotating through the wards in the same order
month by month.
SECTION 2. If the Mayor Pro Tempore as determined by the above rotation is likewise
absent or otherwise unavailable to serve in such capacity, the next Council member by order of
rotation shall serve as Mayor Pro Tempore in such capacity for that period of absence, but such
Council member shall not lose his or her normal rotation.
SECTION 3. Resolution No. 2003-8 I is hereby rescinded.
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1 RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROVIDING FOR THE APPOINTMENT OF A. IVlAYOR PRO
2 TEMPORE ON A ROT A TION BASIS AND RESCINDING RESOLUTION NO. 2003-81.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
meeting thereof,
5 held on the
day of
, 2004, by the following vote, to wit:
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6 COUNCIL MEMBERS:
7 ESTRADA
8 LONGVILLE
9 MCGINNIS
10 DERRY
11 KELLEY
12 JOHNSON
13 MCCAMMACK
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AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2004.
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JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
22 legal content:
23 JAMES F. PENMAN,
City Attorney
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HTC/js[ProTempore.Res]
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