03 Staff Report - Elected Town Clerk and Town Treasurer~pVl H pF
SOS GASp' COUNCIL AGENDA REPORT
DATE: NOVEMBER 12, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY4~-
MEETING DATE: 11-17-2008
AGENDA ITEM: 3
SUBJECT: ADOPT ORDINANCE OF THE TOWN OF LOS GATOS PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 36510 DELEGATING
AUTHORITY TO APPOINT THE TOWN CLERK AND TOWN TREASURER
AND AMENDING THE TOWN CODE BY REPEALING SECTIONS 1.10.120
AND 2.3 REGARDING THE ELECTED TOWN CLERK AND TOWN
TREASURER AND APPOINTED CLERK ADMINISTRATOR
RECOMMENDATION:
Adopt an ordinance of the Town of Los Gatos pursuant to California Government Code Section
36510 delegating authority to appoint the Town Clerk and Town Treasurer, and amending the
To-%7,n1 Code by repealing sections 1.10.120 and 2.30.035 regarding the elected Town Clerk and
Town Treasurer and appointed Clerk Administrator.
DISCUSSION:
On November 3, 2009, Council considered and voted to introduce an ordinance of the `Down of
Los Gatos pursuant California Government Code Section 36510 delegating the authority to
appoint the Town Clerk and Town Treasurer and amending the Town Code by repealing sections
1.10.120 and 2.3 regarding the elected Town Cleric and Town Treasurer and appointed
Clerk Administrator. Adoption of the ordinance is the final action. The ordinance would become
effective 30 days after its adoption.
Attachment: Ordinance
PREPARED BY, ORRY P. KORB, TOWN ATTORNEY
WATYIReportsll 1-12-08 (Adopt Ord re Clerk-Treasurer).wpd
Reviewed by:Town Manager ,SJ Assistant Town Manager Clerk
Finance Community Development
Rev: 11/12/08 12:05 pm
Reformatted: 7119/99 Filell 301-05
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36510 DELEGATING AUTHORITY TO APPOINT THE
TOWN CLERK AND TOWN TREASURER AND AMENDING THE TOWN CODE BY
REPEALING SECTIONS 1.10.120 AND 2.3 REGARDING THE ELECTED TOWN
CLERK AND TOWN TREASURER AND APPOINTED CLERK ADMINISTRATOR
WHEREAS :
A Section 36508 of the Government Code provides that the Town Council may submit to
the electors the question whether the elective office of Town Treasurer shall be appointive.
B. In February 2008 voters approved a ballot measure making the elected positions of Town
Cleric and Town Treasurer appointive.
C. Section 36510 of the Government Code provides that if a ballot measure pursuant to
section 36508 is approved by a majority of voters, the offices of Town Cleric and Town Treasurer
shall be appointed by the Town Council upon expiration of the terms of the current elected office
holders unless Council adopts an ordinance vesting in the Town Manager its authority to appoint
such officers.
D. The terms of office of the elected Town Clerk and Town Treasurer will end on the date
Council certifies the results of the November 4, 2008 consolidated election.
E. On October 1, 2001, Council adopted resolution 2001-110 establishing the appointed
position of Clerk Administrator to handle the day-to-day responsibilities of the clerk function.
F. On June 21, 2004 Council adopted Ordinance No. 2133 amending the Town Code by
adding section 1.10.120 providing, in essence, that the Clerk Administrator would be responsible
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for most of the duties of the Town Clerk as set forth in the Town Code. The elected Town Clerk
retained responsibility over the duties expressly delegated by state law.
G. Town Code section 2.30.035 provides that the Town Council shall conduct an annual
performance review and determine compensation for the elected Town Clerk and Town
Treasurer.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS:
SECTION I
The authority granted to the Town Council pursuant to section 36510 of the Government
Code is hereby delegated to the Town Manager, who is authorized to select, appoint, supervise,
and compensate as the Town Manager deems necessary within the ranges authorized by the
Towih Council, the Town Cleric and Town Treasurer. This delegation shall supersede any and all
prior actions taken by the Town Council regarding the establishment, responsibilities, selection
and compensation of the Town Treasurer, Town Clerk and Clerk Administrator.
SECTION II
Section 1.10.120 of Article I of Chapter I of the Los Gatos Town Code, section 2.30.035
of Article 111; Division I of Chapter 2 of the Los Gatos Town Code, and Ordinance No. 2133 are
hereby repealed in their entirety.
SECTION III
In the event that any part of this ordinance is held to be invalid, the invalid part or parts
shall be severed from the remaining portions which shall remain in full force and effect.
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SECTION IV
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on a 2008, and adopted by the following vote as an Ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on , 2008. This
Ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA WATYUResos & Ordstiā¢elegalion re Treasurer and Clerk2 wpd
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