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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lori Sassoon, Assistant City
Manager
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
PROVIDING FOR THE APPOINTMENT
OF A MAYOR PRO TEMPORE ON AN
ANNUAL BASIS, AND RESCINDING
RESOLUTION 2004-69.
Dept: City Manager's Office
Date: July 23, 2007
. MICC Meeting Date: August 6, 2007
Synopsis of Previous Council Action:
July 17, 2007 - Legislative Review Committee recommends approval of a resolution providing
for the appointment of a Mayor Pro Tempore on an annual basis, and rescinding Resolution
2004-69.
Recommended Motion:
Adopt resolution.
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Signature
Contact person: Lori Sassoon
. Phone:
5122
Supporting data attached: staff report, resolution
Ward:
all
FUNDING REQUIREMENTS: Amount: none
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
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STAFF REPORT
Subiect:
Resolution providing for the appointment of a Mayor Pro Tempore on an annual basis, and rescinding
Resolution 2004-69.
Backeround:
At the June 19 Legislative Review Committee meeting, the Committee discussed the process used to
select the Mayor Pro Tempore, and asked staff to draft a resolution calling for an annual election of a
Mayor Pro Tempore that would replace the current rotation among Councilmembers. At the July 17
meeting, the Committee recommended approval of a resolution that would modify the current
selection procedure accordingly.
Section 36 of the City Charter details how the Mayor Pro Tempore is to be selected, and the duties of
the office:
"In case of temporary absence from the City, or sickness, or due to any other cause, the Mayor is
temporarily unable to perform the duties of his/her 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, and such Mayor Pro-
Tempore shall not lose his/her vote as Council Member, but shall not have the ability to cast an
additional vote in the event of a tie. "
At the request of the Committee, the proposed resolution was prepared. If the resolution is adopted,
the Mayor and Council would elect a Mayor Pro Tern at the next regularly-scheduled Council
meeting following adoption of this resolution. The selection would then occur annually thereafter, at
the second Council meeting in March. The resolution also provides for the senior Councilmember to
serve as Mayor Pro Tern in the unlikely event that neither the Mayor or Mayor Pro Tern could
perform the duties of the office.
At its July 17 meeting, the Committee had discussed that the resolution should provide for the
Common Council to make the appointment, deleting the customary reference to "Mayor and
Common Council" and substituting "Common Council". Upon further legal review following the
Committee meeting, the City Attorney's Office has advised that the appointment should be made by
the "Mayor and Common Council", and this resolution includes that language.
Financial Impact:
None by this action.
Recommendation:
Adopt resolution.
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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 AN ANNUAL BASIS, AND RESCINDING RESOLUTION 2004-69
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Pursuant to Section 36 of the Charter of the City of San Bernardino, the
Mayor and Common Council do hereby establish the following procedure for the appointment of
a Mayor Pro Tempore to be effective and operative in case of temporary absence from the City,
or sickness, or due to any other cause, the Mayor is temporarily unable to perform the duties of
hislher office:
A. At the next regularly-scheduled meeting of the Mayor .and Common Council
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following the adoption of this resolution, the Mayor and Common Council shall elect a
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18 scheduled Council meeting in March of each year, the Mayor and Common Council shall elect a
Councilmember to serve as Mayor Pro Tempore.
B.
Beginning on March 17, 2008, and annually thereafter at the second regularly-
19 Councilmember to serve as Mayor Pro Tempore.
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21 serve in such capacity, the Councilmember present in the City with the most seniority shall serve
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SECTION 2. In the event the Mayor Pro Tempore is absent or otherwise unavailable to
as Mayor Pro Tempore for that period of absence or unavailability only.
SECTION 3. Resolution 2004-69 is hereby rescinded, effective upon the election of a
25 Mayor Pro Tempore as specified in Section 1, Part A of this resolution.
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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 AN ANNUAL BASIS, AND RESCINDING RESOLUTION 2004-69
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a meeting thereof, held on the
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day of ,2007, by thefollowing vote, to wit:
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COUNCIL MEMBERS:
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
AYES
NAYS ABSTAIN ABSENT
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2007.
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23 Approved as to form:
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PATRICK J. MORRIS, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
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