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HomeMy WebLinkAbout24-City Attorney . 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 OR\G\NJ\L 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. ~.... z,L () ature 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: -;LeSO ~200Lt- (" <j . Agenda Item No. 24 3/1J6'l . 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 Resolution No. 2003-81 would be rescinded upon adoption of the attached resolution.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. . 6 7 8 9 10 II 12 I3 14 . 15 16 17 18 19 20 21 22 23 24 I tsa~l_ 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. 25 III 26 III 27 III . 28 III HTC/js[ProTempore.Res] 1 r . 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: . 6 COUNCIL MEMBERS: 7 ESTRADA 8 LONGVILLE 9 MCGINNIS 10 DERRY 11 KELLEY 12 JOHNSON 13 MCCAMMACK 14 15 16 17 18 AYES NAYS ABSTAIN ABSENT CITY CLERK The foregoing Resolution is hereby approved this day of ,2004. 19 20 21 JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and 22 legal content: 23 JAMES F. PENMAN, City Attorney 24 . 25 BYcf=' 7- ~ 26 27 28 HTC/js[ProTempore.Res] 2