PREPARED BY: MATT RODRIGUEZ DATE OF MEETING: 01/11/21
SUBJECT:
TITLE
CITY CLERK INTERVIEWS AND APPOINTIVE PROCESS:
1. Consider any public comments;
2. Determine by minute order if the late application of Wendy Gonzalez will be considered;
3. Conduct Interviews of City Clerk applicants individually;
4. Review and deliberate;
5. Adopt a Resolution appointing one candidate to fill the City Clerk vacancy for remainder of 2020-2022 term
6. Administer Oath of Office to newly-appointed City Clerk
Label
CITY MANAGER RECOMMENDATION
Recommendation
1. Consider any public comments;
2. Determine by minute order if the late application of Wendy Gonzalez will be considered;
3. Conduct Interviews of City Clerk applicants individually;
4. Review and deliberate;
5. Adopt a Resolution appointing one candidate to fill the City Clerk vacancy for remainder of 2020-2022 term
6. Administer Oath of Office to newly-appointed City Clerk
Body
Compliance statements
The filling of the City Clerk vacancy is not a listed priority in the City Council’s Priority Workplan but is necessary for the operations of government and required by State law.
CEQA Compliance Statement
This agenda item is not subject to CEQA.
BACKGROUND
Vacancy in City Clerk Position
City Clerk Patricia Ponce was elected to the office of City Clerk at the November 2018 election. Ms. Ponce subsequently successfully ran for the City Council at the November 3, 2020 election, thus creating the need to fill the vacancy for the remaining term through 2022. Under state law, the City Council has sixty (60) days to either appoint someone to fill the remainder of the term of office or call for a special election.
On December 9, 2020, pursuant to Resolution 2020-157, the City Council decided to fill the City Clerk vacancy by soliciting qualified applicants to interview and make an appointment by majority vote. As directed by the City Council, staff notified the public of the open position by announcement at City Council meetings; postings in City Hall, the San Pablo Library, the San Pablo Senior Center and the San Pablo Community Center since December 10, 2020; as well as postings on the City’s Facebook page, the City eNews bulletins and broadcast on the City’s Local Access Channel 26. The applications were due in the City Manager’s office no later than 6:00 pm on Monday, January 4, 2021. Those candidates meeting the residency and voter registration requirements were to be interviewed on January 11, 2021, during a City Council meeting.
Duties of City Clerk
The statutory duties of an elected City Clerk are set forth in Government Code sections 40801-40812. The City Clerk shall: (1) keep an accurate record of the proceeding of the legislative body and the California Department of Tax and Fee Administration (CDTFA) in books bearing appropriate titles and devoted exclusively to such purposes, respectively; (2) is the accounting officer of the city and shall maintain records readily reflecting the financial condition of the city; (3) shall cause a summary of the city’s financial report in a form prescribed by the State Controller; (4) keep a book marked “ordinances”; (5) is the custodian of the city seal. However, as is common in many cities, the finance and accounting duties have been transferred to the City’s Finance Director and the taxing duties to the County.
Section 2.08.050 Duties of clerk, of the San Pablo Municipal Code, broadly states the duties of the City Clerk as follows:
“The city clerk shall do and perform all duties imposed upon him by law and by virtue of his office.”
Other than the more ceremonial duties at the City Council meeting, in practice, all Elected City Clerk duties and responsibilities for the City have been and are performed by the Deputy City Clerk, with the financial duties handled by the Administrative Services Department.
Pursuant to San Pablo Municipal Code section 2.40.010, the monthly stipend for the City Clerk is $240 per month.
Applications
As of the application deadline of 6:00 pm on January 4, 2021, the following three applications for City Clerk were received as follows:
1. Dorothy Gantt
2. Omar Rascon
3. Johana Gurdian
After the application deadline, one (1) additional late application was received at 6:20 pm:
4. Wendy Gonzalez
Therefore, there will be a potential of four (4) applicants scheduled to be interviewed at the Special City Council meeting on Monday, January 11, 2021 at 4:00 pm.
Procedurally, the City Council will need to discuss and deliberate by majority vote whether to include the late applicant (or not) prior to proceeding with all City Clerk Interviews, and subsequent appointment at the beginning of the meeting.
Interview questions will be developed by the City Manager and forwarded to the City Council for consideration prior to the Special City Council meeting. These interview questions will NOT be a part of the regular posted agenda to ensure a fair process among the applicants. The applicants will be asked to join the Zoom meeting in 20 minute intervals in an effort to keep other candidates from hearing each candidate’s responses to the questions.
FISCAL IMPACT
Although there is no direct fiscal impact associated with this item, once appointed, the City Clerk position will create an annual obligation to the City of $2,880 in stipend expense plus minimal taxes, pension and insurance costs. These costs are already planned for in the current City budget.