16 Staff Report - Amending Division 1 of Article 3 of Chapter 2 of Town Code~pW N 0
COUNCIL AGENDA REPORT
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DATE: MARCH 31, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY~'~
MEETING DATE: 4/18/2005
ITEM NO.
SUBJECT: ORDINANCE OF THE TOWN OF LOS AMENDING DIVISION 1 OF
ARTICLE III OF CHAPTER 2 OF THE LOS GATOS TOWN CODE
(SECTION 2.3 0.020) TO DESIGNATE THE MAYOR OR VICE-MAYOR TO
APPROVE PAYROLL OR ATTENDANCE RECORDS OF ALL COUNCIL-
APPOINTED EMPLOYEES AND THE TOWN COUNCIL
RECOMMENDATION:
1. Accept staff report. 2. Allow for public comments (not a formal public hearing)
3. Direct Clerk Administrator to read the title of the proposed ordinance
4. Waive the reading of the text of the proposed ordinance (requires motion and majority
approval)
5. Introduce the ordinance (requires motion and majority approval)
6. Direct the Clerk Administrator to publish according to law
BACKGROUND:
Subsection (b) of Town Code Section 2.30.020 currently provides that the Town Clerk shall certify
or approve payrolls or attendance records or all Council-appointed employees and the Town Council.
However, in June 2004 Council approved Ordinance No. 2133 adding Town Code Section 1.20.120,
which effectively amends subsection (b) of Section 2.30.020 to designating the Town Clerk
Administrator as the position that shall certify or approve payrolls or attendance records or all
Council-appointed employees and the Town Council.
PREPARED BY: ORRY P. KORB
Town Attorney
OPK:pg
N:\MGR\Admin W orkFiles\cnclrpts\Payroll
Reviewed by:
Finance
Assistant Town
Community De
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Town Attorney Clerk Administrator
Revised: 3/31/05 4:28 pm
Reformatted: 5/30/02
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MAYOR AND TOWN COUNCIL
SUBJECT: ORDINANCE OF THE TOWN OF LOS AMENDING DIVISION 1 OF ARTICLE
III OF CHAPTER 2 OF THE LOS GATOS TOWN CODE (SECTION 2.30.020)
MARCH 31, 2005
DISCUSSION:
This ordinance is proposed for the purpose of amending the Town Code to designate the Mayor or,
in the Mayor's absence, the Vice-Mayor as the positions responsible for approving payroll or
attendance records for Council appointees and, where necessary, members of Council. That would
avoid any possible conflict that might arise from having the Clerk Administrator, a position
supervised by the Town Manager, approving payroll or attendance records for Manager or the Town
Attorney, or, where appropriate, members of Council.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT: None.
Attachment: Proposed Ordinance
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 1
OF ARTICLE III OF CHAPTER 2 OF THE LOS GATOS TOWN CODE
(SECTION 2.30.020) TO DESIGNATE THE MAYOR OR VICE-MAYOR TO
APPROVE PAYROLL OR ATTENDANCE RECORDS OF ALL COUNCIL-APPOINTED
EMPLOYEES AND THE TOWN COUNCIL
WHEREAS, subsection (b) of Town Code section 2.30.020 currently provides that the
Town Clerk shall certify or approve payrolls or attendance records or all Council-appointed
employees and the Town Council, and
WHEREAS, subsection (a) of Town Code section 1.20.120, added in June 2004
(Ordinance No. 2133) amends subsection (b) of section 2.3 0.020 designating the Town Clerk
Administrator as the position that shall certify or approve payrolls or attendance records or all
Council-appointed employees and the Town Council, and
WHEREAS, the Town Council believes that the responsibility for certifying or
approving payrolls or attendance records of all Council-appointed employees and the Town
Council is more appropriately placed in the leadership of the Town Council.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ORDAINS AS FOLLOWS:
SECTION I
That subsection (b) of section 2.30.020 of Division lof Article III of Chapter 2 of the Los
Gatos Town Code is amended to read as follows:
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(b) Department heads shall certify or approve departmental
payrolls or attendance records for employees in their departments.
The Town Manager will certify or approve payroll or attendance of
the department heads and Town Clerk. The Mayor or, in the
Mayor's absence, the Vice-Mayor shall certify or approve payrolls
or attendance records of all Council-appointed employees and the
Town Council
SECTION II
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.
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on , 2005, 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 , 2005. 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:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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