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2 CITY OF GLENDALE, CALIFORNIA
REPORT TO THE JOINT MEETING: GLENDALE CITY COUNCIL AND GLENDALE
HOUSING AUTHORITY
AGENDA ITEM
Report: Proposed Ordinance Establishing Mayor Selection Process and a Proposed Resolution Establishing Housing Authority Chair Selection Process. 1) Introduction of Ordinance Amending Glendale Municipal Code (GMC) Section
2.04.020 Establishing Mayor Selection Process.
2) Resolution Amending the Housing Authority Bylaws Establishing the Selection Process for Housing Authority Chair.
COUNCIL ACTION
Item Type: Action Item
Approved for March 23, 2021 calendar
ADMINISTRATIVE ACTION
Submitted by:
Michael Garcia, City Attorney
Elena Bolbolian, Director of Innovation, Performance & Audit Prepared by:
Greg Kajszo, Innovation Project Manager
Dorine Martirosian, Principal Assistant City Attorney
Reviewed by:
Michael Garcia, City Attorney
Michele Flynn, Director of Finance
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Approved by:
Roubik Golanian, City Manager
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RECOMMENDATION
Staff recommends that the City Council introduce the proposed ordinance establishing a new selection method for the position of Mayor and adopt the proposed Resolution to amend the Housing Authority Bylaws to establish a Housing Authority Chair selection method.
BACKGROUND
In April 2020, the City Council requested a report addressing options for establishing a formalized process for selection of Mayor. In response to Council’s request, a report was presented to the City Council on January 12, 2021 outlining research conducted across 134 cities across the United States. Four methods for the selection of mayor were presented: council consensus, seniority, highest collective vote, and equal lengths of service.
Based on the report, the City Council directed staff to present a proposed ordinance to codify a combination of Mayor selection procedures for the City Council’s consideration.
During the City Council’s discussion, the preferred method for the selection of Mayor appeared to be prioritized in the following order: seniority of uninterrupted service, then the highest collective vote, followed by Council consensus. Council also discussed having the current Chair of the Glendale Housing Authority serve as the Mayor for the upcoming term, followed by the above listed order of preference in the event the Housing Authority Chair is unable or unwilling to serve as Mayor. Council also directed staff to codify an existing unwritten practice in which a councilmember cannot be selected as Mayor if he or she will be up for City Council re-election during their Mayoral term.
Based on the January 12,
2021 discussion, when Council discussed the possibility of having the current Housing Authority Chair serve as the next Mayor, staff is also presenting a proposed Resolution for consideration, whereby the Housing Authority Bylaws will be amended to implement a process for the selection of the Housing Authority Chair.
ANALYSIS
In accordance with Council’s direction, staff presents the proposed ordinance and resolution amending Glendale Municipal Code, 1995 (GMC), Section 2.04.020, and the Housing Authority Bylaws, respectively, to implement the above provisions. Staff is also presenting an Alternative Ordinance, attached to this Report as Exhibit 1, which codifies the Housing Authority Chair serving as Mayor as the first preferred selection method. 17 of 29
Proposed amendments to GMC Section 2.04.020:
Date for Selection of Mayor
Currently, the selection of the Mayor is held on the second Monday of April in general municipal election years, and at the first Council meeting in the month of April in non- election years. The proposed amendments set a single date and time for the selection and appointment of the Mayor which is, in all years, on the first regular meeting of the City Council after the first Monday in the month of April. The proposed amendments also delete the provisions relating to preference being given to members of the City Council who have had the benefit of prior experience as councilmembers, and establishes a new procedure for the selection of Mayor.
Process for Selection of Mayor
The newly proposed provisions to GMC Section 2.04.020 set forth, in order of preference and precedence, the four methods to be used to select a Mayor each year.
The proposed Alternative Ordinance, attached as Exhibit 1, adds an additional method – as the first preference – which is the automatic selection and appointment of the Housing Authority Chair currently serving, to Mayor for the next term.
The methods, in their order of preference and precedence are:
1. The councilmember with the longest, continuous uninterrupted service on the council since last serving as mayor, and who is not serving as the mayor at the time of mayoral selection, shall be selected as Mayor.
2. In the event of a tie between councilmembers with the longest continuous service since last serving as Mayor, the councilmember who received the most votes in the councilmembers’ most recent election shall be selected Mayor. In the event the tie is between councilmembers who were elected during different elections, then the councilmember with the highest percentage of votes received in each councilmembers’ most recent elections shall be selected Mayor. Notwithstanding the election votes tiebreakers, if either tiebreaker would result in a councilmember who has previously served as mayor since being elected to the council being appointed over a councilmember of equal continuous uninterrupted service who has never served as mayor since being elected to the council, then the councilmember who has not previously served as mayor shall be appointed Mayor. This last provision is proposed to ensure that councilmembers who have not served as Mayor have the opportunity as soon as possible if their time on Council is equal to another councilmember’s continuous service since last serving as Mayor.
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3. In the event that a Mayor cannot be selected in accordance with the procedures set forth in the two sections above, Council shall select the Mayor by majority vote.
The proposed Mayor Selection Procedure will also prohibit a Councilmember whose term will expire at the end of the year in which that Councilmember will be serving as Mayor, from being selected Mayor. This provision was at the City Council’s direction in order to prevent a Councilmember running for another term from utilizing his/her Mayoral position as leverage in the election. In addition, the Mayor Selection Procedure will prohibit a Councilmember whose term will expire within 180 days after mayoral selection from being selected Mayor. This provision has been added to address the Council’s concern regarding a Councilmember being Mayor when running for reelection in June elections in non-Presidential election years, and also to avoid the possibility of a sitting Mayor who loses reelection to Council from having to depart the Council during the middle of a mayoral term and create a vacancy in the Mayor position. A Councilmember who will be running for election for an office outside of City of Glendale, will not be prohibited from being selected as Mayor under this provision.
The proposed process also includes provisions in instances where the councilmember in line to be selected as the next Mayor is unable or unwilling to serve; in such instances the Council can select the next councilmember in line to serve as Mayor. Additionally, If the Mayor vacates his/her position or is removed from his/her Mayoral position, the Council may fill that vacancy by selecting any councilmember to fill the duration of the unexpired term without prejudicing the selected councilmember from serving a scheduled term (e.g. if that councilmember was next in line to be selected Mayor).
However, the proposed ordinance includes a provision which prohibits a councilmember appointed to serve a council vacancy from serving as mayor during said appointed term, unless there is no available alternative at which time the appointed councilmember (to fill a council vacancy) can be selected to serve as Mayor.
Finally, the proposed procedures enable the City Council to not appoint or bypass the mayoral candidate where the Council finds it in the City’s best interest not to appoint a councilmember despite the procedures qualifying said councilmember to serve as the next Mayor.
Proposed amendments to the Housing Authority’s Bylaws:
The proposed Resolution amends Article II, Section 201 of the Housing Authority Bylaws, set the date and time for the selection of the Housing Authority Chair to serve for the upcoming year on the first regular Meeting of the Housing Authority after the Glendale City Council selects its Mayor. The amendments also add the following provisions:
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1. Requires that the Chair be a current member of the City Council qualified to serve as Mayor for the upcoming term.
2. If the Chair vacates his/her position or is removed from serving on the Housing Authority, the Housing Authority may fill the vacancy of the Chair by selecting and appointing the next qualified Authority Member. The selected Authority Member, to fill a vacancy, will not be prejudiced or prevented from serving a scheduled term.
3. The Housing Authority has the discretion, if it determines that it is in the best interests of the City and the Housing Authority, to not appoint the Authority Member next in line, and instead select the Chair by majority vote.
FISCAL IMPACT
There is no applicable fiscal impact associated with this report.
CAMPAIGN DISCLOSURE
N/A
ALTERNATIVES
Alternative 1: City Council and Housing Authority may choose to adopt the proposed ordinance and resolution, respectively.
Alternative 2: City Council and Housing Authority may choose to not adopt the proposed ordinance and resolution, respectively.
Alternative 3: City Council and Housing Authority may consider any other alternative not proposed by staff.
EXHIBITS
Exhibit 1 – Alternative Proposed Ordinance
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EXHIBIT 1
1 ALTERNATIVE TO PROPOSED AMENDMENTS TO GLENDALE MUNICIPAL CODE SECTION 2.04.020
Mayor Selection Process
This alternative includes an added provision to the proposed amended Glendale Municipal Code Section 20.04.020, highlighted below.
SECTION 2. Section 2.04.020 of the Glendale Municipal Code, 1995, regarding Selection of mayor, is hereby amended to read as follows:
A. Pursuant to Article VI, section 5(4) of the Charter, the council shall annually select one of its members to be the mayor, in accordance with the procedures set forth herein. The date and times for appointment shall be during the second Monday of first regular meeting of the council after the first Monday in April in of each year. in which a general municipal election is held; and in other years such selection shall be made at the regular meeting of council following the first Monday of April. In the selection of the mayor, preference is to be given members of council who have had the benefit of experience as council members prior to the time of selection. The mayor shall serve as presiding officer and perform the other duties of mayor at the pleasure of the council.
B. The council shall select and appoint a mayor to serve for the upcoming year in the following order of precedence:
1. The councilmember who serves as the current chair of the Glendale housing authority shall be appointed mayor.
2. If the current chair of the Glendale housing authority is unable or unwilling to serve as mayor as set forth in subsection (B)(1), the councilmember with the longest, continuous uninterrupted service on the council since last serving as mayor, and who is not serving as the mayor at the time of mayoral selection, shall be selected as mayor.
3. In the event of a tie between councilmembers with the longest continuous service since last serving as mayor as set forth in subsection (B)(2), the councilmember who received the most votes in the councilmembers’ most recent election shall be selected mayor. In the event the tie is between councilmembers who were elected during different elections, then the councilmember with the highest percentage of votes received in each councilmembers’ most recent elections to the City Council shall be selected mayor.
Notwithstanding the election votes tiebreakers set forth in this subsection (B)(3), if either tiebreaker would result in a councilmember who has previously served as mayor since being elected to the council being appointed over a councilmember of equal continuous uninterrupted service who has never served as mayor since being elected to the council, then the councilmember who has not previously served as mayor shall be appointed mayor.
4. In the event that the procedure set forth in subsections (B)(1), (2) and (3) do not control the selection of mayor, the council shall select the mayor by majority vote. 28 of 29
EXHIBIT 1
2 C. A councilmember whose council term will expire in the same year that the mayor’s term would also expire if said councilmember was selected mayor shall not be selected to serve as mayor. A councilmember whose council term will expire within 180 days after the date of the selection of the mayor shall not be selected mayor.
D. A councilmember who has served as a mayor shall not be appointed mayor for the immediately subsequent term, unless all other councilmembers decline to serve.
E. If a councilmember is in line to be selected mayor in accordance with the procedures of this section but is unable or unwilling to serve as mayor at the time of selection, then the council shall select the next councilmember in line and the councilmember who is unwilling or unable to be the Mayor shall be placed next in line for mayoral appointment under the procedure in subsection (B)(3).
F. If a councilmember who is serving as mayor vacates or is removed from the mayoral position or from his or her council position, the council may fill the vacancy of mayor by selecting and appointing any councilmember to fill said unexpired term. The councilmember selected pursuant to this subsection shall not be prejudiced or prevented from serving a scheduled term pursuant to the provisions of this section.
G. A councilmember appointed to the council to fill a vacancy in accordance with Article VI, Section 13 of the Charter shall not serve as mayor during such appointed term unless there is no available alternative. Under circumstances with no available alternatives, the appointed councilmember(s) having served the longest in such temporary capacity shall serve as mayor in accordance with the provisions set forth in this chapter H. Notwithstanding the provisions of this section, in the event the council determines in its discretion that it is in the best interest of the city not to appoint the councilmember next in line to serve as mayor in accordance with the procedure of this section, including but not limited to because of reason of mental or physical incapacity significantly limiting the ability to perform mayoral duties or a criminal conviction, then the council may appoint the next qualified councilmember pursuant to subsection (B)(3) to serve as mayor. 29 of 29