AGENDA STAFF REPORT
CALEXICO
DATE: July 20, 2022
TO: Mayor and City Council
APPROVED BY: Esperanza Colio Warren, City Manager Esperanza Colo Waren, Cly Manager Eming ali than.
PREPARED BY: Best Best & Krieger LLP, City Attorney
SUBJECT: Mayoral Rotation Policy Options
Recommendation:
It is recommended that the City Council review the discussion of mayoral rotation policy options in this staff report and provide direction to staff regarding potential amendments to the City's Mayoral Rotation Policy to be adopted by City Council resolution.
Background:
If a general law city does not have an elected mayor, the mayor and mayor pro tem are selected by a vote of the members of the city council. (Gov. Code, §§ 34905, 36801.) State law does not prescribe a particular method that the City Council must use to select a mayor and mayor pro tem. Rather, city councils may select and seat the mayor and mayor pro tem in the manner it chooses.
The City's current policy per Resolution No. 2013-34A approved on July 2, 2013, resolved to amend the 2012 City Council policy:
"to rotate the Mayor and Mayor pro tem annually on the first regular meeting in July beginning July 2013."
However, this policy does not provide any other procedure or guidance. The City Council is free to elect Councilmembers to these positions annually at AGENDA the first meeting in July at its discretion. ITEM
IssuelAnalysis:
Since the Government Code does not proscribe any particular qualifications or procedure, cities have used a range of options to select 81211.00100\40315106.1
the mayor and mayor pro tem. This staff report includes several options and policy considerations for Council review. Attached to this staff report are several examples of mayoral rotation policies from other jurisdictions.
1) Memorializing the Policy
Some cities do not have a written policy and act according to past practices and tradition. Other cities adopt a policy by resolution or codify their procedure in the municipal code. Some policies are adopted by ballot measure and therefore can only be amended by subsequent ballot measure. Having a written policy can create consistency and serve as a guide to councilmembers and staff. Policies often include the city's objective in adopting such a policy; for example, to afford all council members an opportunity to serve as mayor during their tirst term of oftice. 2) Length of Term
Most policies proscribe annual terms for both mayor and mayor pro tem, though some have two year terms. Single year terms appear easier to administer and allow more council members to hold these positions in light of the traditional four year council terms. 3) When the Rotation Occurs
The policy should include a provision to establish when the rotation occurs, such as:
• Immediately following the certification of election results for any general or special municipal election at which council members are elected. In odd numbered years, the election could take place at the second meeting following twelve months after the prior election.
• In December or January, to establish a calendar year term. Often policies indicate whether the rotation will occur at the first or the second meeting of the chosen month.
• In June or July, to establish a fiscal year term.
The policy may include findings as to why the rotation occurs at a particular time in a given year.
4) Open Nomination Process
Some policies include an open nomination process where the city council elects one of councilmembers could conclude a full four-year term without ever being elected to mayor. Alternatively, a policy could say that a councilmember who has held the office 81211.00100\40315106.1
for one year shall not be eligible for reelection to that same office until one year has elapsed
Seniority-Based Policy
Many policies use a seniority-based model. These policies are often more detailed than a policy using an open nomination process. Typically,
• the mayor pro tem rotates to mayor.
• newly elected council members must wait at least one year before serving as mayor pro tem (in other words, mayor must have served two years; mayor pro tem must have served one year)
• new council members voted in at the same election can either draw lots/pick cards or the one with the most votes can be slated first as mayor pro tem.
Then, a general rotation is followed so that the newest council member who has not yet served as mayor gets slotted into the mayor pro tem position. The council may wish to have the city clerk draft the order of council members for the rotation each year for their review and adoption. Then if a councilmember declines their nomination, the position can go to the next councilmember down the list. The councilmember that declines can go to "second place" on the list or go last. Such a policy may also include provisions regarding appointments to fill council vacancies. For example, the councilmember appointed to fill a vacancy could be placed at the bottom of the rotation list. The policy may also include provisions regarding vacancies of the mayor or mayor pro tem position.
If the vacancy occurs because the mayor got censured, for example, then he or she could be placed at the bottom of the list. But, if the vacancy occurs due to a temporary illness, the councilmember could be placed in the second slot. 6) Hybrid Model
Some seniority-based models include an option for the council elect the mayor and mayor pro tem by super majority vote, if it is determined that the typical seniority rotation is not appropriate for that particular cycle. Such a provision could say that the city council may select any member to serve as mayor or mayor pro tem by a three-fourths majority vote of the membership (e.g., four votes if there is a full five member council, three votes if there is one seat vacant on the council, three votes if there are two seats vacant on the council).
7) Ability to Remove Mayor or Mayor Pro Tem During Term When a city council wants to retain the option to remove a mayor during the term, the policy should either generally state that the mayor and mayor pro tem shall "serve at the pleasure of the city council," such that the council could remove an officer by vote or provide specific situations that could result in removal. 81211.00100\40315106.1
For example, a mayor or mayor pro tem could be deemed to have vacated their position due to "inability to fulfill the responsibilities of that position," which can be defined by listing several qualifications, such as
having certain number of unexcused absences from meetings, • resignation from the position,
• death/physical incapacity,
• mental incapacity,
• arrest for a felony or any crime of moral turpitude, or • upon a case by case determination by the city council via censure resolution adopted by majority of full membership of the city council resulting from either (i) a repeated failure to represent the city council's adopted positions when representing the city after written warning or (ii) a violation of a any requirement of law pertaining to conduct by public officials (other than arrest as described above) as determined by final decision of a governmental commission, agency or officer not a part of the city.
The above policy options are presented to the City Council for consideration, should the City Council wish to amend the annual rotation policy.
Attachments):
1. Sample Rotation Policies.
2. Resolution No. 2013-34A
81211.00100\40315106.1
Attachment to Mayoral Rotation Policy Options Staff Report Samples of Mayoral Rotation Policies
Cathedral City - modified in 2021
Municipal Code Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.04 COUNCIL
2.04.180 Appointment of mayor and mayor pro tem.
A. The purpose of this section is to implement a rotating system for appointing council members to the honorary positions of mayor and mayor pro tem pursuant to Section 603 of the City Charter. The appointment of individuals to serve as mayor and mayor pro tem must follow the requirements of this section.
B. At the first city council meeting in December of each calendar year, the city council shall approve a council rotation list and appoint council members to serve as mayor and mayor pro tem based on the approved rotation list. The rotation list shall be prepared in accordance with the following:
1. The current mayor pro tem shall succeed to the position of mayor. The outgoing mayor shall go to the bottom of the rotation list, except that in a regular election year any newly- elected first-term council member (not an incumbent re-elected to serve) shall be placed behind the outgoing mayor on the rotation list. The council member in third position on the rotation list shall move into the mayor pro tem position.
2. If an individual is appointed to fill, or a special election is held to fill, a council vacancy, the appointed or elected individual shall be placed at the bottom of the rotation list. Any council members who were below the outgoing council member on the rotation list shall move up one spot.
3. A council member shall not serve as mayor or mayor pro tem during their first year on the City Council.
C. In the event that there are two or more new council members who join the council at the same time, for the purposes of this section their placement on the rotation list shall be determined by drawing cards. One suit from a standard deck of playing cards will be utilized, with no jokers and aces high. Seniority will be determined by the cards drawn, with the highest card being the most senior. This draw shall only be done once, and the seniority determined by the draw will apply to the council members for so long as the subject council members are on the city council.
D. If at any point in time a council member serving as mayor or mayor pro tem resigns from the position, is removed from the position, or their seat becomes vacant, the position shall be filled in the same manner as the annual appointments. At the first council meeting in December thereafter, the process for selecting a new mayor and mayor pro tem shall be modified as follows:
Attachment to Mayoral Rotation Policy Options Staff Report
1. If the council member serving as mayor has only served a partial term, as defined below, that council member shall continue to serve as mayor and the annual rotation will not occur.
2. If the council member serving as mayor pro tem has only served a partial term, that council member shall continue to serve as mayor pro tem unless there is an outgoing mayor, in which case the council member serving as mayor pro tem shall succeed to the position of mayor. If the mayor pro tem rises to the position of mayor then the annual rotation will occur to fill the mayor pro tem position. If the mayor pro tem does not rise to the position of mayor then the annual rotation will not occur.
For the purposes of this subsection, a "partial term" shall mean the vacancy in the position of mayor or mayor pro tem occurred, as a matter of law, more than thirty calendar days after the first council meeting in December at which the mayor and mayor pro tem positions were appointed according to this section.
E. Notwithstanding any other provision of this section, a council member may refuse to serve as mayor or mayor pro tem. If a council member refuses to serve in either position, the selection of mayor and mayor pro tem shall continue as provided for in this section but removing the refusing council member from their spot in the rotation and placing them at the bottom of the list.
F. Notwithstanding anything else in this section, the city council may select any member to serve as mayor or mayor pro tem by any other lawful means by a three-fourths majority vote of the membership (e.g., four votes if there is a full five member council, three votes if there is one seat vacant on the council, three votes if there are two seats vacant on the council). (Ord. 851 § 1, 2021; Ord. 790 § 1, 2017)
2. Downey - Policy adopted by resolution in 2014
ROTATION OF MAYOR
The primary objective of the policy is to afford all Council Members elected in the City of Downey an opportunity to be Mayor during his or her first term of office. The policy provides the following guidelines in order to institute the orderly rotation of Mayor and Mayor Pro Tern and accomplish the primary objective:
1) The Mayor Pro Tem shall rotate to Mayor;
2) Newly elected Council Members shall wait one year before serving as Mayor Pro Tem unless earlier rotation is required to meet the primary objective; New Council Members voted in at the same election will draw lots to determine their order in the rotation to be Mayor Pro Tern;
4) Once the primary objective has been accomplished, rotation to Mayor Pro Tern shall be the newest Council Member who has not yet served as Mayor, before a Council Member who has already served as Mayor.
Attachment to Mayoral Rotation Policy Options Staff Report 5) It is the City Council's discretion to discuss and decide whether a Council Member shall serve as Mayor during their second term of office. Serving as Mayor during a second term of office shall not be based on automatic rotation.
Based upon the above stated policy, the City Clerk shall submit a proposed sequence of rotation to be approved by the City Council each year at the time of reorganization of the City Council.
If for any reason, a nominee for Mayor or Mayor Pro Tern in the rotation sequence does not accept the nomination, the Council Member next in order shall be the nomince.
Fullerton - Policy adopted 2010
Selection of the Mayor by the Council is based on seniority according to the number of years he/she has served on the Council without being selected for the position. In the event a Council member who is scheduled to be the next Mayor chooses not to serve, he/she will move down to "second position," and the next most senior individual will move up to "first position," and thereby have the opportunity to serve as Mayor. Should two or more Council members be elected during the same municipal election, the individual who receives the highest number of votes will precede the Council member(s) who receives fewer votes on the Mayor rotation list.
4. Indian Wells - Adopted by ballot measure; revised by ballot measure in 2020 Municipal Code Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.08 CITY COUNCIL
2.08.160 Appointment of Mayor and Mayor Pro Tempore.
(a) It is the purpose and intent of this Section to provide for an automatic annual rotation of Council Members who occupy the positions of Mayor and Mayor Pro Tempore. The automatic annual rotation is further intended to permit as many Council Members as possible to have an opportunity during their membership on the City Council to occupy the position of Mayor and Mayor Pro Tempore. This Section shall not be amended or repealed without first obtaining the approval of a majority of those persons voting on any such proposed amendment or repeal at a general or special municipal election called for this purpose. (b) At the first regular meeting of the City Council in December of each year, or as soon thereafter as reasonably possible in the event any newly elected Council Members have not yet taken office due to delayed certification of election results, the City Council shall appoint from among the Council Members the Mayor and the Mayor Pro Tempore to immediately assume those positions, as applicable. Appointment to the position of Mayor and Mayor Pro Tempore shall be made on a rotating basis among all Council Members as follows, and the Mayor and Mayor Pro Tempore shall serve until their applicable successor is appointed or they resign or vacate the applicable position due to inability to fulfill the responsibilities of that position, as defined in subsection (c):
Attachment to Mayoral Rotation Policy Options Staff Report (1) The Council Member having the longest current continuous membership on the City Council without serving as Mayor shall be appointed Mayor. (2) The Council Member having the second longest current continuous membership on the City Council without serving as Mayor shall be appointed Mayor Pro Tempore. (3) If two (2) or more Council Members equally qualify hereunder for appointment as Mayor, any Council Member who has not previously served as Mayor during the period of current continuous membership of the qualified Council Member shall be appointed Mayor; and if two (2) or more Council Members thereafter equally qualify hereunder for appointment as Mayor, the Council Member who received the most votes among them in his or her most recent election to Council shall be appointed Mayor, and the Council Member who received the second most votes among them in his or her most recent election to Council shall be appointed Mayor Pro Tempore; and if two (2) or more Council Members thereafter equally qualify hereunder for appointment as Mayor, the Council Member whose name is then drawn by lot or other random procedure shall be appointed Mayor, and the other Council Member shall be appointed Mayor Pro Tempore.
(4) If two (2) or more Council Members equally qualify hereunder for appointment as Mayor Pro Tempore, the appointment of Mayor Pro Tempore shall be made in accordance with the same priority and criteria as otherwise set forth for appointment as Mayor in subsection (b)(3).
(5) A Council Member shall not be eligible for appointment as Mayor or Mayor Pro Tempore until he or she has first completed at least one (1) year of service during his or her current continuous membership on the City Council, unless no other Council Member can otherwise assume the position of Mayor or Mayor Pro Tempore due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c) or due to other qualifying Council Members declining an appointment to the position as set forth in subsection (6) If the position of Mayor becomes vacant due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c), the Mayor Pro Tempore shall be appointed Mayor for the remainder of that term of Mayor, and shall be reappointed Mayor for the next full term of the position of Mayor if then qualified hereunder, unless he or she declines either appointment. Notwithstanding subsection (b)(5), the Mayor Pro Tempore shall be appointed to the position of Mayor even if, at the time the position of Mayor becomes vacant, he or she has not completed at least one (1) year of service during his or her current continuous membership on the City Council.
(7) If the position of Mayor Pro Tempore becomes vacant due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c), the Council Member next qualified to become Mayor Pro Tempore shall be appointed Mayor Pro Tempore for the remainder of that term of Mayor Pro Tempore, and shall be reappointed Mayor Pro Tempore for the next full term of the position of Mayor Pro Tempore if then qualified hereunder, unless he or she declines the appointment.
Attachment to Mayoral Rotation Policy Options Staff Report (c) A Council Member shall not be appointed Mayor or Mayor Pro Tempore, as applicable, and the Mayor or Mayor Pro Tempore shall be deemed to have vacated their position, as applicable, due to inability to fulfill the responsibilities of that position. As used in this Section, the term "inability to fulfill the responsibilities of that position" shall mean at least one (1) of the following:
(1) Unexcused absences from more than four (4) regular or special City Council meetings within the twelve (12) month period prior to appointment as Mayor or Mayor Pro Tempore, as applicable, or during the period of service as Mayor or Mayor Pro Tempore, as applicable;
(2) Resignation from the position of Mayor or Mayor Pro Tempore, as applicable; (3) Death, or physical incapacity due to medical condition severely limiting the ability of the Mayor or Mayor Pro Tempore, as applicable, to perform ongoing duties assigned to them by City policy or the City Council;
(4) Mental incapacity (such as by reason of severe stroke, serious head injury, serious nervous breakdown, or serious mental illness) of the Council Member otherwise qualified hereunder to be appointed to, or serve in the applicable position of Mayor or Mayor Pro Tempore, as reasonably determined at a public meeting by a majority of the full membership of the City Council;
(5) Upon the case-by-case determination by the City Council, in its discretion, to apply the following to the appointment, or removal, as applicable, of the Mayor or Mayor Pro Tempore, as applicable, via a censure resolution adopted at a public meeting by a majority of the full membership of the City Council, resulting from either: (i) a repeated failure of the Mayor or Mayor Pro Tempore, as applicable, to represent the City Council's adopted positions when representing the City, and not him or herself individually, after the City Council had first provided a written warning concerning such failure; or (ii) a violation of a any requirement of law pertaining to conduct by public officials, other than as set forth in subsection (c)(6), as determined by final decision of a governmental commission, agency or officer not a part of the City;
(6) Arrest while serving as Mayor or Mayor Pro Tempore, as applicable, for a felony or any crime of violence or moral turpitude; provided that if and when the prosecution of such felony or other crime is dismissed or otherwise terminated without a plea agreement or conviction, then the Council Member shall thereafter be placed in the highest priority behind the Mayor or Mayor Pro Tempore, as applicable, as otherwise set forth in subsection (b). (d) A Council Member who currently serves as Mayor or Mayor Pro Tempore may resign that position at any time during his or her term. Further, a Council Member who otherwise qualifies shall not be appointed Mayor or Mayor Pro Tempore if he or she voluntarily declines the appointment to the applicable position.
(e) If a Council Member vacates the position of Mayor or Mayor Pro Tempore, or declines an appointment to either position, the following rules shall apply:
Attachment to Mayoral Rotation Policy Options Staff Report (1) If the Council Member currently serves as Mayor or Mayor Pro Tempore, as applicable, and vacates that position due to: (1) resignation; (ii) physical disability; or (ill) mental disability, as set forth in subsections (c)(2), (3) and (4) above, and so vacates during the first six (6) months of his or her term, the Council Member shall retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, based upon the Council Member's time of continuous service on the Council since his or her last appointment to the position of Mayor or Mayor Pro Tempore, as applicable. If the Councilmember so vacates during the last six (6) months of his or her term, the Council Member shall not retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, and only the Council Member's time of continuous service on the Council accruing after so vacating shall count toward any future appointment under subsection (b). (2) If the Council Member currently serves as Mayor or Mayor Pro Tempore, as applicable, and vacates that position due to: (i) unexcused absences from Council meetings: or (ii) removal by the City Council via censure resolution, as set forth in subsection (c)(1) and (5), the Council Member shall not retain priority under subsection (b) for a future appointment to the position of Mayor or Mayor Pro Tempore, as applicable, and only the Council Member's time of continuous service on the Council accruing after so vacating shall count toward any future appointment under subsection (b).
(3) If the Council Member has never served as Mayor or Mayor Pro Tempore, as applicable, and the Council Member declines an appointment to that position for the first time, the Council Member shall retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, based upon the Council Member's time of continuous service on the Council.
(4) If the Council Member has never served as Mayor or Mayor Pro Tempore, as applicable, and the Council Member declines an appointment to that position for a second time, the Council Member shall not retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tem, as applicable, and only the Council Member's time of continuous service on the Council accruing after his or her second declining of said appointment shall count toward any future appointment to that position under subsection (b). Notwithstanding the above, a Council Member who declines a second appointment shall still be deemed to have satisfied the minimum one-year Council service requirement for any future appointment under subsection (b)(5).
(5) If the Council Member has previously served as Mayor or Mayor Pro Tempore, as applicable, during his or her current continuous membership on the City Council, and is later nominated to that position again, the Council Member may decline the appointment once and retain priority for a future appointment as set forth in subsection (e)(3), based upon the Council Member's time of continuous service on the Council since last serving as Mayor of Mayor Pro Tempore, as applicable. If he or she declines the appointment a second time, the Council Member shall not retain priority for a future appointment as set forth in subsection (e)(4). (f) As used in this Section, the terms "qualify," "qualified" and "qualify hereunder". mean that a Council Member meets the priority and criteria established for selection as Mayor or Attachment to Mayoral Rotation Policy Options Staff Report Mayor Pro Tempore, as applicable, as set forth in subsection (b). (Ord. 729 § 1, 2020; Ord. 666 § 1, 2012)
5. Culver City - In 2020, the city adopted an open nomination procedure by resolution after previously having a seniority-based policy.
SECTION 606. MAYOR AND VICE MAYOR.
Immediately following the certification of election results for any general or special municipal election at which Council Members are elected, the City Council shall elect one of its members as its presiding officer, who shall have the title of Mayor and one of its members as Vice Mayor. In odd numbered years, the City Council shall elect the Mayor and Vice Mayor at the second City Council meeting following twelve months after the prior election. Both the Mayor and Vice Mayor shall serve at the pleasure of the City Council.
The Mayor shall have a voice and a vote in all City Council proceedings, shall be the official head of the City for all ceremonial purposes, and shall perform such other duties as may be prescribed by this Charter or as may be imposed by the City Council consistent with the office of Mayor. The Vice Mayor shall perform the duties of the Mayor during the absence or incapacity of the Mayor.
A Council Member who has held the office of Mayor or Vice Mayor for one year shall not be eligible for reelection to that same office until one year has elapsed. (Res. No. 2018-R060)
RESOLUTION NO. 2013-34A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALEXICO ADOPTING AN AMENDED CITY COUNCIL ANNUAL
ROTATION POLICY
WHEREAS, the City adopted a City Council Rotation Policy on December 20, 2011, which provides for the mayor and mayor pro tern seats to rotate annually at the first regular meeting in July; and
HEREAS, on January 10, 2012 the City Council approved a change to the City Municipal Election date from June to Novembe
regarding thE Annua, on March 6, 2012 the Ciry Council adopted the Amended Council Policy December back to sl, beis line rig zested to change to the City's Rotation Policy date from NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Calexico hat the Amended City Council Policy dated March 6, 2012 be amended to rotate the Mayor an layor Pro Tern annually on the first regular meeting in July beginning July 2013 'ASSED, APPROVED, AND ADOPTED by the City Council of the City of Calexi its meeting held on the 2 day of July 201
MARTHA MORADO, MAYOR
ATTEST:
Gabrieta T. Garcia, Deputy City Clerk
State of California )
County of Imperial ) ss.
City of Calexico
AYES: Hodge, Kim. Castro
NOES: Hurtado, Moreno
ABSENT: None
Gabriel T. Garcia, Deputy City Clerk