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HomeMy WebLinkAboutCity Council - 2802 RESOLUTION NO. 2802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF HUNTINGTON BEACH PERTAINING TO THE APPOINTMENT OF THE CITY ATTORNEY BY THE CITY COUNCIL, AND PROVIDING FOR THE SUBMISSION OF SAME TO THE QUALIFIED ELECTORS THEREOF FOR ADOPTION AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF NOVEMBER, 1968, CONSOLIDATED WITH THE STATE- SIDE, GENERAL ELECTION The City Council of the City of Huntington Beach does re- solve as follows : SECTION 1 . That the following amendment to the charter of the City of Huntington Beach shall be submitted to the qualified electors of the City of Huntington Beach for adoption at the special municipal election to be held in said city on November 5, 1958 , and consolidated with the statewide , general election to be held on said date; that the charter amendment submitted to the voters shall be as follows : Sections 500, 501 and 503 of the Charter of the City of Huntington Beach are hereby amended by deleting therefrom all reference to the City Attorney, and by adding Section 703 .1 to said Charter to read as follows : 703 .1 . CITY ATTORNEY, APPOINTMENT AND REMOVAL. (a) The City Attorney shall be the chief legal officer of the city and head of the legal department , and as such he shall have full control and supervision of the legal department . The City Attorney shall not be a member of the administrative branch of the city government , and he shall be independent of the author- ity of the City Administrator . (b) The City Attorney shall take his instructions directly from the City Council and shall be responsible directly to the City Council . (c) The City Council shall appoint the City Attorney who 1. shall serve at the pleasure of the City Council and may be re- moved by the City Council only at a regular meeting thereof and upon the affirmative vote of at least five (5 ) members of the City Council, or by recall of the people ; as hereinafter provided. (d) Thirty (30) days prior to the time vote is taken by the City Council on removal of the City Attorney, the City Council shall cause written notice of its intention to take such vote to be served upon the City Attorney, and upon written re- quest therefor, filed with the City Council by the City Attorney within ten (10) days after service upon him of such notice, the City Council shall set the matter for public hearing prior to the time such vote is taken. (e ) For the purpose of this section, recall of the City Attorney shall be governed by Chapter 3, Division 14 of the Elec- tions Code of the State of California, as the same now exists and not as hereafter may be amended, except that Sections 27502 , 275163 27518 and 27519 of said Elections Code , as such sections now exist and not as hereafter may be amended, shall not apply . (f) The power of the City Council to remove the City At- torney shall be suspended from and after the filing of a notice of intention to circulate a recall petition and continuing until, in the event a recall election is held, ninety (90) days after the next succeeding general municipal election, or in the event a recall election is not held, ninety ( 90) days after the City Clerk certifies the insufficiency of the recall petition or supplemental petition. (g) The City Attorney shall not be required to be a resi- dent of the City of Huntington Beach at the time of his appoint- ment . (h) The City Attorney shall receive compensation for his services as such to be fixed from time to time by the City Coun- cil by resolution. (i) Subject to the provisions of this Charter, the incum- bent City Attorney in office at the time this section takes ef- fect shall continue in office until the expiration of his current term and thereafter until removed as provided in this section. Retirement status , and other rights and privileges granted to the incumbent City Attorney by virtue of his appointment to such office shall not be changed, altered or affected in any way by the adoption of this section as long as he holds such office . (j ) The City Attorney shall appoint or employ, and may dis- charge , all legal department staff and personnel, subject to approval of the City Council . 2 . SECTION 2 . The City Clerk, not less than forty (40) days and not more than sixty (60) days before the fifth day of Novem- ber, 1968 shall cause this resolution to be published once in the official newspaper of the City of Huntington Beach, to-wit : the Huntington Beach News , a newspaper of general circulation in the City of Huntington Beach, and in each edition thereof during the day of publication, and shall cause copies of this resolution to be printed in convenient pamphlet form and in type of not less than ten point and shall cause copies thereof to be mailed to each of the qualified electors of the City of Hunting- ton Beach, and shall until the day fixed for the election upon such proposed amendment may be had upon application therefor at the office of the City Clerk. SECTION 3 . This resolution shall take effect immediately. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of August , 1968 . ay—or ATTEST: City e r k APPROVED AS TO FORM: City Attorne 3 • Res. No. 2802 1 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : 3 CITY OF HUNTINGTON BEACH ) 4 I , PAUL C. JONES, the duly elected , qualified and 5 acting City Clerk of the City of Huntington Beach, and ex- 6 officio Clerk of the City Council of said City, do hereby 7 certify that the whole number of members of the City Council 8 of the City of Huntington Beach is seven; that the foregoing 9 resolution was passed and adopted by the affirmative vote of 10 more than a majority of all the members of said City Council 11 at a regular meeting thereof held on the 5th 12 day of August 1968 , by the following vote : 13 14 AYES: Councilmen: 15 Bartlett, McCracken, Kaufman, Matney, Green, Coen 16 NOES: Councilmen: 17 None 18 ABSENT: Councilmen: 19 Shipley 20 21 City Clerk and ex-officio Clerk 22 of the City Council of the City of Huntington Beach, California 23 24 25 26 27 28 29. 30