AGENDA REPORT
Meeting Date: May 21, 2024
Item Number:
To: Honorable Mayor & City Council
From: Huma Ahmed, City Clerk
Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
APPOINTING STANDBY OFFICERS FOR THE CITY COUNCIL
Attachments: 1. Draft Resolution
RECOMMENDATION
Staff recommends that the City Council adopt the resolution approving an updated list of individuals listed as Standby Officers for the City of Beverly Hills City Council.
By completing this process, the City Council will have taken the necessary steps to ensure the continuation of City government operations in the event of an emergency or disaster.
INTRODUCTION
The City of Beverly Hills has an emergency succession plan in place for all departments including the City Council. In the event of a disaster, and should there be a need, the succession plan will be activated for the City's elected officials and officers, all department heads, and all employees in critical positions.
The succession list is critically important should the City Council or staff become unavailable during or after an emergency or disaster. The City Council succession plan includes three individuals to temporarily succeed them if they become unavailable due to an emergency or disaster.
All City Councilmembers have submitted three names of individuals who will serve in their place if needed. The City Council is asked to approve the resolution naming these individuals.
Meeting Date: May 21, 2024
DISCUSSION
According to State of California Government Code, municipalities should have a plan in place for reconstituting City Council positions should current City officials become "unavailable," during/ after an emergency or disaster.
The appointment of standby officers establishes government continuity before a disaster occurs. Should the City Council not appoint standby officers or if the standby officers are also unavailable, then temporary officers shall be appointed as follows (California Government Code § 8644):
• By the chairman of the board of supervisors of the county in which the political subdivision is located (Los Angeles County Board of Supervisors), and if unavailable;
By the chairman of the board of supervisors of any county within 150 miles of the political subdivision, beginning with the nearest and most populated county and going to the farthest and least populated, and if unavailable; • By the mayor of any city within 150 miles of the political subdivision, beginning with the nearest and most populated city and going to the farthest and least populated.
Mayor and Vice Mayor
The following information provides clarification on succession planning, the definition of "unavailable," and the succession of the title of Mayor and Vice Mayor.
Standby officers only temporarily fill the Councilmember's seat; they do not automatically take on the role of Mayor or Vice Mayor if they are replacing the Councilmember who is the Mayor or Vice Mayor. If the Mayor is unavailable, the Vice Mayor becomes Mayor.
If both the Mayor and the Vice Mayor are unavailable, the next most senior available Member of the City Council assumes the title and duties of Mayor and Vice Mayor. Only if none of the current council Members are available does the standby officer replacing the Mayor and Vice Mayor assume the titles and duties of those offices.
Succession Plan Process
The City Council may appoint three qualified standby officers for each elected official.
This would provide for the continuance of the legislative functions during a federal, state or local emergency. Standby officers must be designated numbers one, two, and three, as the case may be, with number one serving first in the event the regular officer is unavailable (California Government Code §§ 8638, 8641).
The term "unavailable" means that an officer may have become deceased, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his or her duties. Any question as to whether a particular officer is unavailable is settled by the governing body of the political subdivision or any remaining available members of said body, including standby officers who are serving on such governing body (California Government Code § 8636).
Meeting Date: May 21, 2024
Even if the Beverly Hills City Council has a quorum, the appointed standby officer for the "unavailable" Council Member will substitute for that Councilmember u n t i l the Councilmember becomes available or until the election or appointment of a regular Councilmember (California Government Code § 8641).
Standby officers serve at the City Council's pleasure and may be removed and replaced at any time with or without cause (California Government Code § 8640.) During an emergency, Council Members may be out of the area and unable to return to the City of Beverly Hills to attend a meeting. This raises a question as to whether the standby officer serves under that circumstance.
Courts have not yet interpreted the breadth of the term "missing." It appears that it should be interpreted narrowly and viewed as referring to a situation in which the whereabouts of the Councilmember is unknown and unascertainable due to the emergency. This interpretation would be consistent with the surrounding words "killed" or "seriously injured," which imply that the Councilmember's absence is caused by the emergency. While state law does not define the term "missing," the decision as to whether a Councilmember is missing will be left to the judgment of the remaining Council.
Beverly Hills City Council Succession Plan
The City Council Succession Plan was last ratified in August 2019. Throughout the years of 2020 through 2021, all members of the standby lists for each Councilmember remained constant, thus precluding the need for any additional ratification.
Upon reorganization of the City Council in 2022, standby members were appointed for all new Councilmembers. City Council members were asked to name three individuals to succeed them if they became unavailable due to an emergency or disaster. The final step towards ratification requires formal adoption by the current governing board. Pending this final ratification, the current list of successors will stay in place until either a change in the City Council or a change in the list of successors for a current Council Member.
Each standby officer shall have the following duties:
• To inform himself or herself of the duties of the City Council. • To keep informed of the business and affairs of the City to the extent necessary to enable the standby officer to fill her/her post competently. For this purpose the City may arrange information meetings and require attendance. • To immediately report himself or herself ready for duty in the event of a state of war emergency or in the event of a state of emergency or a local emergency at the place and in the method previously designated. • To fill the post for which he or she has been appointed when the regular officer is unavailable during a state of war emergency, a state of emergency or a local emergency.
Meeting Date: May 21, 2024
• Standby officers Nos. 2 and 3 shall substitute in succession for standby officer No. 1 in the same way that standby officer No. 1 is substituted in place of the regular officer.
• The standby officer shall serve until the regular officer becomes available or until the election or appointment of a new regular officer (California Government Code§ 8641).
After Council adoption, the following action items will be completed:
• The City Clerk will send a letter and a copy of the "City Council Handbook in Disasters" reminding each standby officer of their appointment and responsibilities in the event of a disaster.
• This information will be shared with the Emergency Management Office.
FISCAL IMPACT
Should the City Council lack a quorum and is unable to meet to ratify an emergency proclamation, federal reimbursement for disaster losses could be foregone.
Except for the administrative costs, there does not appear to be a fiscal impact on the process of appointing temporary successors.
Huma Ahmed,
City Clerk
Approved By
Attachment 1
1 B0785-0001\2963233v2.doc
RESOLUTION NO. 24-R-_______
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
APPOINTING STANDBY OFFICERS FOR THE CITY COUNCIL
WHEREAS, Government Code Section 8635 et seq., entitled “Preservation of Local Government,” sets forth a procedure for local governments to provide for the continued functioning of local governments in the event of a state of war emergency, state of emergency or local emergency;
WHEREAS, Government Code Section 8638 authorizes the City Council to provide for the continuance of the City’s legislative and executive departments during a state of war emergency, state of emergency or local emergency by appointing standby officers for each member of the City Council;
WHEREAS, Government Code Sections 8638 and 8641 provide that standby officers shall be designated numbers 1, 2, and 3 in descending order of succession; WHEREAS, pursuant to Government Code Section 8641, a standby officer is to fill the appointed post when the regular officer is unavailable as defined in Government Code Section 8636, and is to serve in such post until such time as the regular officer becomes available or a new regular officer is elected or appointed; and
WHEREAS, the qualification of each standby officer named in Section 1 below have been carefully reviewed and each designated person has been determined to be an appropriate designee.
NOW, THEREFORE, the City Council of the City of Beverly Hills does hereby resolve as follows:
DocuSign Envelope ID: 0995D5B8-FF38-4FF4-B8FD-9B036867A6C4 2 B0785-0001\2963233v2.doc
Section 1. The following persons are appointed as standby officers for the City Council:
Councilmember: Standby Councilmembers:
Mayor Lester J. Friedman 1. Julian A. Gold, M.D.
2. Andy Licht
3. Jacob Manaster
Vice Mayor Sharona R. Nazarian, PsyD 1. Daniel Nazarian, DMD
2. William W. Brien, M.D.
3. Arman Hekmati, M.D.
Councilmember John A. Mirisch 1. Gerald Lunn
2. Marilyn Gallup
3. Wendy Goldberg
Councilmember Craig A. Corman 1. Karen L. Corman
2. Noah Furie
3. Lori Greene Gordon
Councilmember Mary N. Wells 1. Barry Brucker
2. Julian A. Gold, M.D.
3. Judith K. Manoucherhri
Section 2. Standby officers shall receive no compensation for the performance of their duties as standby officers except as provided for by law.
Section 3. The City Clerk shall administer the oath of office to the standby officers and provide each standby officer with a copy of Article 15 of Chapter 7 of Division 1 of Title 2 of the California Government Code.
Section 4. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of the City.
DocuSign Envelope ID: 0995D5B8-FF38-4FF4-B8FD-9B036867A6C4 3 B0785-0001\2963233v2.doc
Adopted:
______________________________
LESTER J. FRIEDMAN
Mayor of the City of
Beverly Hills, California
ATTEST:
________________________ (SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ________________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
DocuSign Envelope ID: 0995D5B8-FF38-4FF4-B8FD-9B036867A6C4 Certificate Of Completion
Envelope Id: 0995D5B8FF384FF4B8FD9B036867A6C4 Status: Sent Subject: Complete with DocuSign: Resolution for Emergency Standby Officers 2024 Source Envelope:
Document Pages: 3 Signatures: 1 Envelope Originator:
Certificate Pages: 2 Initials: 0 Michelle Ramos-Vergara AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
5/15/2024 10:51:40 AM
Holder: Michelle Ramos-Vergara
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Stephanie Cao for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.24.216.53
Sent: 5/15/2024 11:03:45 AM
Resent: 5/15/2024 11:09:43 AM
Viewed: 5/15/2024 11:46:11 AM
Signed: 5/15/2024 11:47:13 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/15/2024 11:47:14 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jessika Vasquez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jackie Perez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/15/2024 11:03:45 AM
Envelope Updated Security Checked 5/15/2024 11:09:42 AM Envelope Updated Security Checked 5/15/2024 11:09:42 AM Envelope Updated Security Checked 5/15/2024 11:09:42 AM Payment Events Status Timestamps