City Council Agenda
Memo to: Manteca City Council
From: Lisa Blackmon, City Clerk
Date: September 3, 2019
Subject: City Clerk Appointment
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Review the method of appointment for the City Clerk position and provide direction.
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Background:
During the August 20, 2019, City Council meeting, Council directed the City Clerk to return with an item related to the City Clerk position method of appointment. Below is information related to the History of the Manteca City Clerk appointment, the statutory role of the City Clerk, and Government Code section definitions with regard to the position and the appointment.
HISTORY OF MANTECA CITY CLERK:
Prior to the June 8, 1999, election one employee filled dual roles as the Elected City Clerk and as the Secretary to the City Council (a full time city position).
On February 16, 1999, City Council approved placing a ballot measure on the June 8, 1999, Special Election Ballot related to changing the City Clerk position from elected to appointed by City Council; the ballot measure was successful. The City Clerk’s term at that time was due to conclude in November 2000.
On January 18, 2000, the City Council adopted an Ordinance 1125 amending the Manteca Municipal code adding section 2.08.070, delegating the authority to the City Manager to appoint the City Clerk.
UNDERSTANDING YOUR CITY’S DEPARTMENTS- League of California Cities Publication, Mayors and Councilmembers Resource Guide:
CITY CLERKS (Pg. 10)
Government Code Section 36501 sets forth the governing officers of the city, one of which is the City Clerk. The City Clerk is the local official for elections, local legislation, the Public Records Act, the Political Reform Act, the Maddy Act, and the Brown Act. Before the City Council takes any action (and after they take action), the City Clerk, in conjunction with the City Attorney, ensures that actions are in compliance with all federal, state, and local statutes and regulations. The City Clerk serves as a liaison between the public and the City Council, and the City Clerk's office is generally the first place residents call when seeking help from City Hall.
Considered one of the oldest government professions, the City Clerk is an officer in a municipal corporation performing a variety of complex professional and managerial duties including the execution of tasks prescribed by the Government and Election Codes. In both General Law and Charter Cities, the City Clerk may be directly elected by the voters or appointed by the City Council or City Manager. Depending on the organizational structure, the City Clerk’s position may range from a division or department director, or may carry the title of Assistant City Manager.
In summary, the City Clerk is a vital link in the successful operation of the municipal corporation. The legislative responsibility charged to the City Clerk is critical to the decision-making process of the local legislative body. As the local Elections Official, the City Clerk remains neutral to ensure the integrity of the democratic process. The City Clerk’s statutory responsibilities ensure the City’s business is conducted in the best interest of the citizenry it serves. While the core responsibilities ensure, the City Clerk’s role continues to evolve while remaining responsive to the changing needs of the citizenry, elected officials, and technology.
GOVERNMENT CODE SECTIONS:
Pursuant to Government Code Section 36501, the government of a general law city is vested in a city council of at least five members, a city clerk, a city treasurer, a chief of police, a fire chief, and any subordinate officers or employees provided by law.
Pursuant to Government Code Section 36508, at any municipal election, or a special election, the city council may submit to the electors the question whether the elective officers, shall be appointed by the city council.
Pursuant to Government Code Section 36510, if a majority vote is yes, the city council shall appoint such officers at the expiration of the terms of the officers then in office, and on a vacancy in any such office. The officers shall hold office during the pleasure of the city council. The city council may, by ordinance, delegate the authority to appoint such officers to the city manager.
**Additional information with regard to City Clerk appointments throughout the State will be provided during the Council Meeting.**
Fiscal Impact:
None.
Documents Attached:
1. Attachment 1 - Ordinance
2. Attachment 2 - Government Code
3. Attachment 3 - City Clerk, City Manager, City Council Triangle
4. Attachment 4 - Understanding Your City’s Departments