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Resolution No. 4042
STATE OF CALIFORNIA ) RESOLUTION NO. 4042
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, AMENDING SECTION 3.1
OF THE SAN JACINTO COUNCIL ORIENTATION AND
PROCEDURE HANDBOOK TO ADOPT A POLICY FOR
THE ROTATION OF MAYOR AND MAYOR PRO TEM
WHEREAS, California Government Code Section 36801 provides that the Mayor and Mayor Pro Tem of a general law city are chosen by the City Council; and WHEREAS, Government Code Section 36801 does not require nor provide for any particular procedure for selecting the Mayor and Mayor Pro Tem; and WHEREAS, Section 3.1 of the City of San Jacinto Council Orientation and Procedure Handbook sets forth the current policies and procedures for the nomination and election of the Mayor and the Mayor Pro Tem by the City Council; and WHEREAS, on October 15, 2024, the City Council considered possible alternatives to the current nomination and election procedure, which included the appointment of a Mayor and Mayor Pro Tem based on a rotational system; and WHEREAS, the City Council desires to implement a new policy for the appointment of a Mayor and Mayor Pro Tem based on a rotational system, whereby after the next election, the current Mayor Pro Tem shall be appointed as Mayor, and the most senior incumbent member of the City Council who has never served as Mayor or Mayor Pro Tem shall be appointed as Mayor Pro Tem. Following these appointments, the selection process would then default to a rotational system where, after each election, the current Mayor Pro Tem would become the Mayor, and the next Councilmember at the top of the rotation list would become Mayor Pro Tem.
NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows:
SECTION 1. The recitals set forth above are true and correct and are incorporated into this resolution by this reference.
SECTION 2. The City hereby amends Section 3.1 the City of San Jacinto Council Orientation and Procedure Handbook and adopts a new policy for the rotation of Mayor and Mayor Pro Tem, as set forth in Exhibit “A,” attached hereto.
SECTION 3. This Resolution shall be effective as of the date of adoption. The Clerk shall certify the adoption of this Resolution.
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Resolution No. 4042
PASSED, APPROVED, AND ADOPTED this 15th day of October 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF SAN JACINTO:
________________________
Phil Ayala, Mayor
ATTEST:
_________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
____________________________
Craig P. Hayes, City Attorney
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Resolution No. 4042
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution 4042 was passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 15th day of October 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
WITNESS MY HAND AND OFFICIAL SEAL this 15th day of October 2024 _____________________________
Julia Espinoza, City Clerk
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Resolution No. 4042
EXHIBIT “A”
AMENDED SECTION 3.1 OF THE CITY OF SAN JACINTO
COUNCIL ORIENTATION AND PROCEDURE HANDBOOK
3. PRESIDING OFFICER
3.1 Presiding Officer
(a) The Mayor shall be the Presiding Officer at all meetings of the Council.
In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council shall select a temporary presiding officer to serve until the arrival of the Mayor or the Mayor Pro Tem or until adjournment, whichever first occurs. (b) The Council shall reorganize each year. In even-numbered years, the Council shall reorganize itself by appointing the Mayor and Mayor Pro Tem from its members pursuant to the selection procedure established by this section at the first regular meeting following the official canvass of results of the election, but no later than the fourth Tuesday following the date of said general and municipal election.
In odd-numbered years, at the first meeting in December the Council shall reorganize by appointing one of its members as Mayor and another of its members as Mayor Pro Tem pursuant to the selection procedure established by this section.
In the event the Mayor or Mayor Pro Tem cannot fulfill their term, a Mayor or Mayor Pro Tem shall be appointed pursuant to the selection procedure established by this section to serve the remainder of the current term at any meeting of the City Council.
(c) The City Clerk shall preside at the portion of the Council meeting to appoint the Mayor and Mayor Pro Tem.
(d) Notwithstanding anything in this Section 3.1, when appointing the Mayor and Mayor Pro Tem at the first regular meeting following the official canvass of results of the November 2024 general election, the position of Mayor shall be filled by the current Mayor Pro Tem. The most senior incumbent member of the City Council, who has never served as Mayor or Mayor Pro Tem, shall be appointed as Mayor Pro Tem. If there is no incumbent member of the City Council who has never served as Mayor or Mayor Pro Tem, the most senior incumbent member of the City Council shall become Mayor Pro Tem.
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Resolution No. 4042
(e) Following appointments of the Mayor and Mayor Pro Tem after the November 2024 general election, the selection process would then default to a rotational system of who will serve as Mayor and Mayor Pro Tem based, to the extent possible, on the following rules and policies:
a. The position of Mayor shall be filled by the current Mayor Pro Tem. If the Mayor Pro Tem is no longer on the Council, the Council Member at the top of the rotation list would become Mayor.
b. The Council Member at the top of the rotation list would become Mayor Pro Tem.
c. The senior incumbent Council Member would be at the top of the rotation list followed by other incumbent Council Members in order of seniority.
d. In a non-election year, the previous Mayor shall be placed in the rotation below other Council Members, even if the previous Mayor is more senior than the other Council Members.
e. Upon the election or appointment of a new Council Member, the new individual shall be placed at the bottom of the rotation list. In the event of an election of more than one new individual to the City Council, the ranking of order of the new Council Member(s) shall be in relation to the number of votes received at the election.
The individual with the greatest number of votes shall be placed immediately below more senior Council Members including incumbent Council Members who are reelected. The individual with the second greatest number of votes shall be placed below the first and so on. Following an election, the previous incumbent Mayor shall be placed in the rotation above the newly elected Council Member(s) and below other incumbent Councilmembers, including incumbent Councilmembers who are reelected.
Incumbent Councilmembers shall stay in their position in the rotation relative to other incumbents, even after reelection. f. In instances where there are four or five new individuals elected to the City Council, those individuals filling positions with shorter terms remaining shall be placed at the top of the rotation list in order of votes received at the election. Councilmembers with longer terms shall be placed below the shorter-term
Councilmembers on the rotation list in order of votes received at the election.
g. In the event of a tie in seniority between two incumbent Councilmembers of the City Council, the tie shall be broken by flipping a coin.
(f) Voting in the selection of Mayor and Mayor Pro Tem shall be by voice vote administered by the City Clerk.
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Resolution No. 4042
(g) The Mayor and Mayor Pro Tem shall serve at the will of the City Council and until their successors have been duly appointed pursuant to subsection (b), (g) and (h) hereof.
(h) The offices of Mayor and/or Mayor Pro Tem shall be deemed vacant upon the happening of any of the following:
(1) The death of the holder of such office;
(2) The loss or resignation from membership on the Council the holder of such office;
(3) The acceptance by the Council of the resignation from such office by the holder thereof;
(4) The majority of Council Members desire to make a change; (5) The recall of the holder of such office.
At its first regular meeting after the occurrence of a vacancy created by one of the foregoing events, the Council shall appoint a successor to such office, pursuant to the selection procedure established by this section.