HomeMy WebLinkAboutAGENDA REPORT 1987 0204 CC REG ITEM 11QTHOMAS C. FERGUSON
Mayor
DANNY A WOOLARD
Mayor Pro Tem
ELOISE BROWN
Councilmember
JOHN GALLOWAY
Councilmember
CUNT HARPER, PhD.
Councilmember
MAUREEN W. WALL
City Clerk
MOORPARK
MEMORANDUM
T O : The Honorable City Council
Steven Kuen City Manager �-4
FROM : Y� y 9 r
ID AT E : January 30, 1987
ITEM 11_6_
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GIL.LESPIE
Chief of Police
THOMAS P. GENOVESE
City Treasurer
S LT $ J E C T : CONSIDERATION OF A VACANCY ON THE PARKS AND RECREATION COMMISSION
RACKr.puNn
Parks & Recreation Commissioner, Danny Rasey, submitted his resignation
effective January 27, 1987. According to the City Attorney, under common
law principles, no action is required by the appointing authority (City
Council), and the resignation is deemed effective upon receipt by the City.
It is my understanding that Mr. Rasey submitted his resignation based upon
a belief that the City Council was possibly expecting it, due to subsection
(c) of Section 2.06.130 of Ordinance No. 33 which states that,
"Each Commissioner shall serve at the pleasure of his or her
nominating Councilmembers or his or her successor."
As I thought it had been explained at the joint meeting of January 26, 1987,
and now confirmed by the City Attorney, this portion of Ordinance No. 33 is
inconsistent with and superceded by Section 2.06.140 governing removal of
commissioners. Section 2.06.140 allows removal only by a majority vote of
the Council or unexcused absence from three consecutive regular meetings.
As you recall at this joint meeting, the Council directed staff to prepare
a modification to Ordinance No. 33 to clear up this inconsistency and make
other changes to the Ordinance.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council
Page 2
January 30, 1987
As a result of these circumstances, the City Council can determine that the
resignation was conditioned upon the aforementioned misunderstanding and
declare the resignation null and void. Mr. Rasey would be returned to
his Commission position and allowed to serve the remainder of the two -year
term subject to the removal procedures of Section 2.06.140.
In addition to this option, the City Council may also consider filling the
vacancy as follows:
1. Due to the Council vacancy, the four (4) remaining members may make
nominations and by majority vote fill the Commission vacancy for
either an interim period (until June 2) or for the remainder of the
two -year term.
2. Wait until the expected interim Council appointment is made, and
allow that person to nominate someone for the Commission seat,
subject to approval by majority vote of the Council. The person
so appointed would serve for the remainder of the two -year term,
subject to applicable removal procedures.
3. Leave the Commission seat vacant until after the June 2, 1987 election
to allow the newly- seated Councilmember to make the nomination.
RECOMMENDED ACTION
Determine method to address the current vacancy on the Parks & Recreation
Commission.
MOORPARK, CALIFORNIA
SK: i gb City Council Meeting
of 198.
ACTION:
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