11 Staff Report - Appointment of Town Clerk and Town Treasurertows aF
~OS'GA10~ COUNCIL AGENDA REPORT
DATE: OCTOBER 28, 2008
MEETING DATE: 11-3-2008
AGENDA ITEM:
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
ORRY P. KORB, TOWN ATTORNEYUI ,
SUBJECT: INTRODUCE ORDINANCE REGARDING APPOINTMENT OF TOWN
CLERK AND TOWN TREASURER
RECOMMENDATION:
1. Invite public comment on proposed ordinance.
2. Direct Clerk Administrator to read the title of the proposed ordinance.
3. Move to:
a. Waive reading of text of proposed ordinance;
h. Introduce ordinance regarding appointment of Town Clerk and Town Treasurer.
4. Direct Clerk Administrator to publish notice of introduced ordinance as required by law.
BACKGROUND
In February 2008 voters approved a ballot measure making the elected positions of Town Clerk
and Town Treasurer appointed positions. California Government Code section 36510 provides
that the offices 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. The terms of office of the elected Town Clerk and Town
Treasurer will end on the date Council certifies the results of the election, which should occur on
December 15, 2008.
On October 1, 2001, Council adopted resolution 2001-110 establishing the appointed position of
Cleric Administrator to handle the day-to-day responsibilities of the clerk function reporting to
the Town Manager. On June 21, 2004 Council adopted Ordinance No. 2133 adding section
1.10.120 providing, in essence, that the Clerk Administrator would be responsible for most of the
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
Reviewed by
OPK-LMBA%,p [Pl~W['V%Reporis110 28-08 Report re Clerk-Treasurer2.wpol
Assistant Town Manager
Finance
Clerk
Rev: 10130108 10:52 am
Reformatted: 7/19/99 Filer! 30 t-05
PAGE 2
MAYOR AND TOWN COUNCIL
NOTICE REGARDING APPOINTIVE TOWN CLERK AND TOWN TREASURER
OCTOBER 28, 2008
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.
DISCUSSION:
The February 2008 election eliminates the positions of the elected Town Treasurer and Town
Clerk after December 15, 2008. Council has a choice to retain authority to appoint, supervise
and evaluate the appointed Town Clerk and Town Treasurer, or to introduce an ordinance
delegating this responsibility to the Town Manager. The Town Manager recommends that
Council introduce the ordinance to delegate the responsibility for these new appointive positions.
The recommendation is based on the Manager's responsibility for almost all other Town
employees, departments and facilities.
As discussed above, the proposed ordinance (Attachment) would delegate to the Town Manager
responsibility for the appointed Town Clerk and Town Treasurer. Prior Council actions
regarding the elected Town Clerk and Clerk Administrator are subordinated to the aetion that
would be taken in the ordinance if introduced and later approved by Council.
The ordinance also repeals Town Code section 1.10.120 regarding the Clerk Administrator,
which would no longer be necessary, and Town Code section 2.30.035, making Council
responsible for the annual performance review and compensation determination for the elected
Town Clerk and Town Treasurer. If introduced by Council, the ordinance will return to Council
for final adoption on November 17, 2008, and will become effective 30 days thereafter.
CONCLUSION:
Introduction of the proposed ordinance will initiate the process to delegate to the Town Manager
responsibility over the new appointed positions of Town Clerk and Town Treasurer, and will also
repeal outdated sections of the Town Code.
FISCAL IMPACT:
The recommended action will not result in fiscal impacts independent of those previously
described in connection with the ballot measure converting the elected positions of Town
Treasurer and Town Clerk to appointed positions.
Attachment: Proposed ordinance
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 2.30.035 REGARDING THE ELECTED TOWN
CLERK AND TOWN TREASURER AND APPOINTED CLERK ADMINISTRATOR
WHEREAS:
A Section 36508 of the Govermnent 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
Clerk 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 Clerk 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 2001-11.0 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 Cleric as set forth in the Town Code. The elected Town Cleric
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
Town Council, the Town Clerk and Town Treasurer. This delegation shall supercede any and all
prior actions taken by the Town Council regarding the establishment, responsibilities, selection
and compensation of the Town Treasurer, Town Cleric 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 III; Division 1 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 fiill 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 , 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 N 1ATY1Resns & Ords0elegation m Treasurer and ClcrU %vpd
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