For City Council Meeting January 14, 2025
TO: Honorable Mayor and City Council
FROM: G. Michael Milhiser, Interim City Manager
AUTHOR: Tanya Williams, Assistant City Manager
Title
Request City Council to Consider a New Rotational Process for the Selection of Mayor Pro-Tem Based on Seniority.
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council Consider a New Rotational Process for the Selection of Mayor Pro-Tem Based on Seniority.
BACKGROUND
California Government Code Section 36801 provides that, “after each election, the city council shall meet….and choose one of its number as Mayor, and one of its number as mayor pro tempore.” The City of Rialto has an elective mayoral position. Therefore, section 36801 does not apply as to the appointment of a mayor. However, the State general laws governing cities with elective mayor positions are set forth in Government Code sections 34900, et. seq. Section 34905 requires that “a mayor pro tempore shall be chosen in the manner provided by section 36801.”
If the mayor is absent or unable to act, the Mayor Pro Tem “shall serve until the mayor returns or is able to act.” (Gov. Code §36802.) In such capacity, the Mayor Pro Tem has all of the powers and duties of the mayor. (Id.)
Historically, the Mayor has appointed the position of Mayor Pro Tem following the election of new Council members. However, there are other options that the City Council can consider for the selection and consideration of this position.
Mayor Baca requested the new rotational item be placed on the agenda.
ANALYSIS/DISCUSSION
As stated previously, the position of Mayor Pro Tem plays a critical function for the City Council to serve in the capacity of Mayor in the Mayor’s absence.
Historically, this position has been appointed by the Mayor. However, the City Council could consider and recommend a rotational process based on seniority. This would require that the City Council adopt a resolution to govern this process going forward.
If the City Council provides direction to staff to draft a resolution for adoption, a subsequent item and staff report will be brought forward for full consideration by the City Council at that time to govern the future process for the selection of the position of Mayor Pro Tem.
ENVIRONMENTAL IMPACT
The requested action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a Project means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3A in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.
FINANCIAL IMPACT
Operating Budget Impact
There is no impact to the Operating Budget with this action.
Capital Improvement Budget Impact
There is no impact to the Capital Improvement Budget with this action.