CITY OF SIGNAL HILL
STAFF REPORT
2175 Cherry Avenue • Signal
Hill, California 90755-3799
2/14/2023
AGENDA ITEM
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
CARLO TOMAINO
CITY MANAGER
SUBJECT:
SIGNAL HILL CITY CLERK VACANCY
Summary:
Signal Hill’s City Clerk, Carmen Brooks, has submitted her resignation effective March 1, 2023, as she will be relocating outside of Signal Hill. Government Code section 36512(b) requires that the City Council either appoint a City Clerk or determine an election date by April 30, 2023. This report discusses the options available to the City Council.
Recommendation:
Provide direction to staff on the City Council’s preferred alternative to fill the City Clerk vacancy.
Fiscal Impact:
The cost to conduct a special election for City Clerk is estimated to cost approximately $40,000. If the City Council appoints a City Clerk to serve until the next regularly scheduled general municipal election, on November 5, 2024, the election is currently budgeted at $20,000. Any changes would be reflected in the 2023-24 budget adoption.
Strategic Plan Objective:
Goal No. 6: Promote a transparent and open government.
Background and Analysis:
Signal Hill’s City Clerk, Carmen Brooks, has submitted her resignation after serving as the City Clerk for the last four years (Attachment A). Ms. Brooks has indicated that she is moving out of Signal Hill; her last City Council meeting will be February 28, 2023. Ms. Brooks’ term ends December 2026. As there is no provision in the City Charter or Signal Hill Municipal Code regarding vacancies in the City Clerk position, staff must rely on the California Government Code. Government Code section 36512 CITY OF SIGNAL HILL Page 1 of 3 Printed on 2/10/2023
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Clerk position, staff must rely on the California Government Code. Government Code section 36512 (b) states that if a vacancy occurs in an elective office, the council shall, within 60 days from the commencement of the vacancy (March 1, 2023), either fill the vacancy by appointment or call a special election to fill the vacancy. The special election must be held on the next regularly established election date not less than 114 days from the call of the special election. Because the City Clerk was in the first half of her term, any appointment that is made through the formal appointment process will serve until the next scheduled general municipal election on November 5, 2024.
The need to fill a vacancy in an elected office occurred twice in 2014 after the resignation of former City Treasurer Emerson Fersch and former City Clerk Kathleen Pacheco; and again in 2017 after former City Clerk Robert Copeland was elected to the City Council. In these three instances, the City Council chose to seek applications, conduct interviews, and appoint someone to complete the term of office.
Special Election
If the City Council decides to schedule a special election, the election must be held on the next regularly established election date not less than 114 days from the call of the special election. The next regularly established election date is November 7, 2023. The cost of a special election is estimated at $40,000.
Appointment
The City Council has until April 30, 2023, to fill the vacancy by appointment. The City Council may fill the vacancy similar to appointments for City commissions, which would include public notice of the vacancy, acceptance of applications, interview of applicants, and appointment. The approximate timeline would be as follows:
Publish public notice of the vacancy March 3 and March 10 Open the application period March 1
Close of the application period March 31
Interview candidates April 11
Appoint City Clerk April 11
The City Council may also call a special meeting to conduct interviews and appointment before April
30. The Signal Hill City Charter section 318 describes the powers and duties of the City Clerk, and states that any duties of the City Clerk can be assigned by the City Clerk to the City Manager or the Deputy City Clerk. The City Clerk attends Council Meetings, is responsible for recording the minutes, administers oaths and affirmations, and is the City’s election official having charge of all municipal elections.
The City Clerk receives a stipend of $438.22 per month. In accordance with Assembly Bill 2743, the position is not eligible for PERS benefits. In addition, in May 2003, the City Council adopted Resolution No. 2003-05-5296 (Attachment B) defining benefits for the positions of City Clerk and City Treasurer. The resolution provides worker’s compensation coverage and enrollment in the Public Alternative Retirement System (PARS), in lieu of Social Security, for both positions. No other benefits CITY OF SIGNAL HILL Page 2 of 3 Printed on 2/10/2023
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Alternative Retirement System (PARS), in lieu of Social Security, for both positions. No other benefits are provided.
Attachments:
A: Resignation Letter
B: Resolution Defining Benefits
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