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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 Page 1 of 3 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. Page 2 of 3 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 & Ordstiāž¢elegalion re Treasurer and Clerk2 wpd Page 3 of 3