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HomeMy WebLinkAbout50A - DEPUTY MAYOR PRO TEM ~ ~ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 6, 2004 TITLE: Ma CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For PROCEDURES FOR APPOINTMENT OF DEPUTY MAYOR PRO TEM CONTINUED TO \ .d./~ !Ot..(- FILE NUMBER RECOMMENDED ACTION Council Policy DISCUSS:ION As a result of the number of requests for appearances at community functions, the necessity for meetings with other State, regional and local governmental agencies, and the numerous other ceremonial activities requiring the representation of the Mayor, a policy for formally designating a member of the Council to act in the absence of the Mayor and Mayor pro tern had been adopted. In the late 70's the existing procedures were incorporated into the Municipal Code, Sections 2-101.1 through 2- 101.6. These procedures require a rotating appointment of an acting mayor pro tern by the Mayor from a random list of councilmembers created after each election. The appointment to this position is for a limited duration and only for the designated appearance. These procedures have proven to be burdensome and ineffective. In fact, according to records of the Clerk of the Council, the process has not been invoked since 1989. In order to permit an efficient and effective functioning of the City Council, an ordinance implementing a procedure which accommodates a standing appointment of a Deputy Mayor pro tern, empowered to act in the absence of the Mayor and Mayor pro tern, is presented for consideration. This proposed ordinance would amend the existing sections of the SAMC by establishing the title of Deputy Mayor pro tern and authorizing the Council 50A-1 Procedures for Appointing Deputy Mayor pro tern December 20, 2004 Page 2 to appoint a councilmember to that position following each election using the same procedure as the one by which the Mayor pro tern is selected. The duties would remain limited to attending ceremonial and other events in the absence of the Mayor and Mayor pro tern, and the incumbent would serve in this position at the pleasure of the Council. F:ISCAL :IMPACT There is no fiscal impact associated with this action. 50A-2 (JWF 11/23/04) ORDINANCE NO. NS-2672 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 2- 101.1 THROUGH 2-101.6 OF THE SANTA ANA MUNICIPAL CODE REVISING THE PROVISIONS FOR ACTING MAYOR PRO TEM, AND CHANGING THE TITLE TO DEPUTY MAYOR PRO TEM. Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Because of the great demands upon the Mayor and the Mayor Pro Tern for appearances at community functions, meetings with other State, regional and local governmental agencies, and other ceremonial activities requiring attendance of the Mayor, it becomes necessary that there be a member of the Council authorized to act in their stead. B. Existing procedures in the Municipal Code for appointment of an acting mayor pro tern have proven to be burdensome and ineffective. C. Smooth and effective functioning of the City Council is best served if there is a standing appointment of a Deputy Mayor Pro Tern, empowered to act in the stead of the Mayor and Mayor Pro Tern. Section 2. Sections 2-101.1 through 2-101.6 of the Santa Ana Municipal Code are hereby amended to revise the process of selection of the acting mayor pro tern and revise the title to be deputy mayor pro tern, such that they read as follows: Sec. 2-101.1. Deputy Mayor Pro Tem--Election. In the first meeting of the city council following any general election, the city council may elect a deputy mayor pro tern, who shall act in the stead of the mayor at public functions and events when neither the mayor nor the mayor pro tern are able to attend to such function. Ordinance No. NS- Page 1 of 3 50A-3 Sec. 2-101.2. Reserved. Sec. 2-101.3. Same--Powers and duties. The primary duties of the deputy mayor pro tern shall be to appear in the stead of the mayor of the City of Santa Ana, and shall be the mayor's representative upon the unavailability or absence of the mayor and mayor pro tern. His or her other duties and obligations shall be those assigned by the city council from time to time by resolution or motion. The provisions of Section 2-101 of this Chapter shall govern the selection of a chair of council meetings when the mayor and mayor pro tern are absent. Sec. 2-101.4. Same--Compensation. The assistant mayor pro tern shall not be entitled to any additional compensation over and above that which is his or her normal and usual compensation as a councilmember for the City of Santa Ana. The deputy mayor pro tern may be reimbursed for reasonable expenses incurred in the performance of his or her duties as deputy mayor pro tern. Sec. 2-101.5. Same--Designation. The deputy mayor pro tern may be introduced at all public gatherings as the deputy mayor pro tern of the City of Santa Ana, and shall be afforded all of the rights and privileges usually afforded the mayor in similar circumstances. The deputy mayor pro tern shall be provided with credentials, letters of introduction, or written authority wherever the same is required, in order for him or her to effectively act on behalf of the City of Santa Ana. Sec. 2-101.6. Same--Limitations. The deputy mayor pro tern appointment shall be at the pleasure of the city council. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS- Page 2 of 3 50A-4 ADOPTED this day of ,2004 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2672 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- Page 3 of 3 50A-5 50A-6