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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CITY ATTORNEY
Subject: 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. 94-134.
From: JAMES F. PENMAN
City Attorney
Date: April 2, 2003
ORIGINAL
Synopsis of Previons Conncil Action:
06-23-94: Mayor and Common Council Adopt Resolution No. 94-134.
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:
~Lc:.{Cil7 ,O?~ - '-1 I
Agenda Item No. 29
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STAFF REPORT
Council Meeting Date: April 7, 2003
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
April 2, 2003
Resolution of the 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. 94-134.
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 ifby 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."
Research by the City Clerk's office indicates that Resolution No. 94-134, approved on June
23,1994, was the last time the Common Council took action relative to the appointment ofaMayor
Pro Tempore on a monthly rotation basis. In order to have a more current documentation of such
monthly rotation appointment process which is consistent with Charter Section 36, the attached
resolution is proposed for adoption. It commences with calendar year 2003 in the same rotating
order currently in effect as established by the prior resolution, adopted almost nine years ago.
Resolution No. 94-134 would be rescinded upon adopted of the attached resolution. It is requested
that the attached resolution be adopted.
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RESOLUTION NO.
RESOLUTION OF THE 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 :\'0.94-134.
BE IT RESOLVED BY THE MAYOR AND C01\HlON COL'NClL OF THE CITY
OF SAN BER]\'ARDINO AS FOLLOWS:
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SECTION 1. Pursuant to Section 36 of the Charter of the City of San Bernardino, the
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Mayor and Common Council do hereby re-establish the procedure for the appointment of a Mayor
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Pro Tempore to be effective and operative in case of vacancy. or if by reason of absence from the
City, or sickness, or from any cause. the Mayor is unable to perform the duties of the office. In
such cases the rotating appointment of a Mayor Pro Tempore shall be automatically made for each
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month in advance by the adoption of this resolution in the order of the wards represented by the
Council members begirming with the Council member from the Fourth Ward during the month
of January, 2003, the Council member from the Fifth Ward during the month of February, 2003,
and thereafter rotating through the wards month by month.
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SECTION 2. If the Mayor Pro Tempore as determined by the above rotation is likewise
16 absent or otherwise unavailable to serve in such capacity, the next Council member by order of
17 rotation shall serve as Mayor Pro Tempore in such capacity for that period of absence, hut such
18 Council member shall not lose his or her normal rotation.
19 SECTION 3. Resolution No. 94.134 is hereby rescinded.
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HTC'.ls!ProTemrorc Res]
RESOLUTION OF THE MAYOR AND CO:\lMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROVIDING FOR THE APPOINTMENT OF A MAYOR PRO
o TEMPORE ON A ROTATION BASIS Al\l) RESCINDING RESOLUTlOi\' NO. 94-134.
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
5 thereof. held on the
6 wit:
7 COUNCIL MEMBERS:
8 ESTRADA
9 LONGYILLE
10 MCGINNIS
11 DERRY
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
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day of
. 2003. by the following vote. to
AYES
NAYS
ABST AIN
ABSENT
CITY CLERK
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19 2003.
The foregoing Resolution is hereby approved this
day of
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JUDITH Y ALLES. Mayor
City of San Bernardino
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Approved as to form and
legal content:
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JAMES F. PENMAN.
25 City Attorney
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28 -0
HTCjsl ProT empore. Res]
o
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):'" :) - 0 3
Item # 2<'\
Vote:
Ayes
1- .,
Nays .(:;
Abstain
Change to motion to amend original documents: -
Reso. # On Attachments: - Contract term:
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: A - Ci - 0:)
Date of Mayor's Signature: .q - I i)-C, :;0,
Date of Clerk/CDC Signature: 4 - Ie. C ~)
Date Ml:!!!.<?iLetter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
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City Attorney r'
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Resolution #
e-
-, rv-.. .-0 '/ I
LC\J,-",'. ..-J
Absent -&
NullNoid After: -
By: -
Reso. Log Updated: ,/
Seal Impressed: L.- "
Date Returned: -
Yes ./ No By
Yes No ,/' By
Yes No ./ By
Yes No ,/ By
Yes No 7' By~
EDA
Finance
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: n II Date: .L\ -I , - G 3
Revised 0 I I 12/0 I