Loading...
HomeMy WebLinkAboutMemo Mar 16, 2012 Attch 3(Page 309 of 315) Mayor Ron Morrison Council Members Alejandra 5otelo-Solis Louis Natividad Mona Rios Rosalie Zarate -0* CALIFORNIA NATIONAL CITY coaroa�ts� Office of the City Attorney MEMORANDUM TO: Mayor and City Council FROM: City Attorney SUBJECT: Oversight Board Appointees and Vacancies Attachment 3 CityAttorney Claudia Gacitua Silva Deprly City Attorney Jennifer Knight DATE; March 16, 2012 The City Council has asked the City Attorney to return with further information regarding the appointment process applicable to the oversight board established pursuant to ABx1 26. Specifically, the City Council asked for: 1) further information regarding what occurs in the event of a vacancy to the oversight board; and, 2) further analysis regarding the ability to appoint "back-up" members in the case of a vacancy. Both of these questions are limited to the two appointments to the oversight board made by the Mayor. Lastly, the Council inquired into the possibility of a policy to address the appointment process, lists of employees, vacancies, alternates, and timelines. I. HEALTH AND SAFETY CODE SECTION 34179 GOVERNS THE OVERSIGHT BOARD APPOINTMENT PROCESS A. Health and Safety Code Section 34179fa) Addresses the Composition of the Oversight Board ABx1 26, as part of the dissolution of redevelopment agencies, requires each successor agency to "have an oversight beard composed of seven members." Health and Safety Code section 34179(a). Two of the seven appointments are mayoral appointments. Health and Safety Code sections 34179(a)(2) and 34179(a)(7). The appointment process was previously discussed in a Memorandum to the Mayor and City Council, dated February 21, 2012, B. Health and Safety Code Section 34179(b) Addresses Vacancies Section 34179(b) states: The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by January 15, 2012, or any member position that remains vacant for more than 60 days. 1243 National City Boulevard; National City, California 91950-4301 Tel,: (619) 336.4220 Fax: (619) 336.4327 (Page 310 of 315) The date of January 15, 2012 has now been moved to May 15, 2012, as a result of the Supreme Court's ruling which extended deadline dates by four months. The deadline for the City to make its appointments to the oversight board is May 1, 2012. The May 1st date fails to account for actions which must be taken by the oversight board by April 15, 2012. Given that the oversight board must take certain actions by April 15, 2012 to comply with other ABx 1 26 deadlines, the City appointments have already occurred so that the oversight board can be seated as soon as a quorum is appointed`. The statute provides that the Governor does not make an appointment to fill a subsequent vacancy to the oversight board until 60 days have passed. Accordingly, should a vacancy occur to the oversight board, the appointing body has 60 days to fill that vacancy. Should the vacancy not be filled within that time frame, then the Governor may fill the appointment. Accordingly, the Mayor will have 60 days to fill an appointment should one or both of its members vacate their position. A position can be vacated either by resignation or removal. A member serves at the pleasure of the appointing entity. Health and Safety Code section 34179(g). There are not defined teens for members of the oversight board. C. `Back-up" Appointments to the Oversight Board ABx1 26 neither contemplates nor authorizes "alternate" appointments. Thus, an alternate member could not be appointed to serve on the oversight board in the manner alternate appointments typically serve. The Council inquired as whether "back-up" appointments could be made, should a vacancy occur, to avoid the loss of that appointment to the oversight board. There is a 60 day window to fill vacancies, thus the appointment would not be immediately lost should a vacancy occur. Thus, there is no direct advantage to malting "back up" appointments. In the event the Mayor sought to pursue "back-up" appointments, it should be noted such appointee would not have any authority to act or participate on the oversight board. They could attend the meetings as a member of the public. In addition, a "backup" appointment would be viewed more advisory in nature, because should a vacancy occur in the future, the Mayor and Council sitting at the time of the vacancy have the power to appoint and approve, respectively. Lastly, should "back up" appointments be sought, two such appointments would need to occur (one for each mayoral appointee). Overall, there is sufficient time to appoint a member to the oversight board in the event of a vacancy. Appointing "back-up" members does not provide any greater opportunity to fill a vacancy than already exists in the legislation. As of the date of this Memorandum, the City has not yet been notified by the other appointing agencies about their appointments. We anticipate the County to make its appointments on April 3, 2012. In addition, we await formal notification of the appointments by the County Water Authority, the County Board of Education, and the Chancellor of the California Community Colleges. 2 Oversight Board Appointees and Vacancies March 20, 2012 Agenda Item (Page 311 of 315) D. Upcoming Deadlines The Council asked staff to identify the most immediate deadlines regarding ABx126. Below are the most immediate upcoming deadiines,•In addition, the previous presentation by Financial Advisor Michael Busch provided an exhaustive list of deadlines. April 1, 2012: deadline for Successor Agency to notify County Auditor -Controller if the total amount available to the SA is insufficient to fund the specified payments in the six-month fiscal period. April 15 2012: last day for ROPS and Administrative Budget to be approved by oversight board. April 15, 2012: deadline to submit ROPS to the State Department of Finance, the State Auditor -Controller, and the County Auditor; and to post ROPS on Successor Agency website. May 1, 2012: deadline for all appointments to the oversight board May I, 2012: deadline for Successor Agency to notify County Auditor -Controller if the total amount available to the SA is insufficient to fund the specified payments for the next six- month fiscal period. E. A Policy Could Be Adopted to Address the Appointment Process as long as such Policy Does Not Conflict with the Process Stated in ABx1 26 or Government Code section 40605 Council inquired whether a policy could be adopted which addresses the appointment process for the oversight board. A policy could be adopted which supplements ABx1 26 and Government Code section 40605 (addressing appoints, generally), but it cannot conflict or contradict either provision. As ABx1 26 does address the vacancy issue, however, it does not appear that a policy is needed to address such circumstance. CONCLUSION The provisions of ABx 1 26 provide a 60 day window for appointments to occur to fill vacancies. If a vacancy is not filled in that time frame, then the Governor fills the vacancy. ABx1 26 does not provide for alternate members, thus alternates could not be appointed. Back-up appoint?icnts for vacancies could occur and would be advisory in nature. Lastly, a policy that does not conflict or contradict ABx1 26 or Government Code se tion 40605 could be adopted. il CL City Attom ILVA 2 In the event the oversight board does not have a quorum appointed and ready to meet, then the ROPS will need to be sent in draft form to the other entities with an explanation of the status. In addition, while the Administrative Budget does not have a stated deadline, it does need to be prepared in 6 month increments, thus it makes sense to prepare and submit this budget with the ROPS. 3 Oversight Board Appointees and Vacancies March 20, 2012 Agenda Item