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Home My WebLink About7.2 Council Appointments to Boardsz H a PO A w O H H U E z w W E A z W C7 N rdf ., tip �-I �-I ',� � r-I a� a� o +� a� a� a� o � � +°� o � � + o a� o N o+ o � � wok � � •1-� Ul U � U � � ,� O � �� .� ��oo � � O U N •� U] Ul U N +� � ri � O � � �v � � � N N U) N � U cd N � O •1-� is U� b O � � N � � O f.� U rid Ul 4-i r-I A � � x U +� � N � � .� A W E U •� A O •rN-I � O �' U •r•I N ro A OUN � �UOI m�N��3 O �� •� �a U o z H ��a�i b °� `�m+�•��o E Noy � w+� 3m��c�-� w � •� a � o � v � •� +� � to +� O N +� � •y N Qa U N � H a� a �°ia � aQ�o+� � z o a� ., �.., r. •� �Ua ■ . rINMd� O U �� A E W x •• U E i�i r— �i � A cEi N w�'' w vo � � w a N 3 .� � rd � � .� � N � r�-I U � U '� � rl -•ri +� N ?� N N � ,� � rid +� N � •� 3 .� +� rI cd E1 � U N '� •.-I O Ri � � •� U •� O A � N N � �� O H a� o v� -� a� a� -� � 3 � � ro a� ra •r-I U N A O � +� -rl to � � � � tr+ � � rd U +� .� ,� U � w � � .� a, � Ul N � f.� U�1 A N O U ,� � � rd cd td � o O -rl to rd � +� � }� A rd � N � cCf � O Ul �-I r•I �I � N U A ,� U1 N N O� O ��a� o +� +�� ro .� x�aoU •�� m m �o �v� x +� �Uzs 0 0 �� a� word +� � �-��v+� •r-I O N •� UJ +� � N Z � N O U '� +� U -rl •1-� U U1 � � CP � � RS -r-I to cd U U Ul +� U � •r-I 4-I � � r-I r-I ?+ N rl (p Ul r-I •rl � �, ra N N Ul U N � •rl r� ,� '� � O � U � +� A � •� rl ,� O U 'i7 U N � O O rd � O � � � � U W +� � .� O � � � -I� O U U) � U 3 A +� � � +� •� O N � -I-� � ,.� O Ul � Ul O UI O A +� �., � a� � USN �� +��n �o w ��+�� O � Ul O �d +� N O � r-I � .—I U 'Z� •� � Z � +� U +� U� U U N O U �� N N rl � N ''d ��+� � a+� ��zs m�� rc.�w�o .. Lh •� U _• ,� rd •rl � U O -rl Zf fA (d � '� � O � ,� N � � +� r-I � � r-I •r-I O � N xi S� .� +� 'd rtS N O .� (d N O •r-I r-I cd O � •r-I cd W � +� � U U] � rl +� � ,� � � .� Ul U O W Wcd OS-I�� y� rl� Ul,�}� A��,� E rl O -I� •r-I rd N •ri N A cd RS r-I N O Ul -� r--I � O +� � R'i ri IA 'J O i-1 +� '� r-I •rl +� � •r-I ri ftS U O O N �A N U +� � N � � N ?iN � 3�+�� cd a H,xo v,a� m o +��o�,wro o cn•�.�� A'i E fd � 'd fd U) Ul � � � Ul U O O � � U +.� � U � H W � R� N .� +� � � N f.� •� rd � O N O +� U vo � � �w o �r�Hrd�H�N a�+��o x w � a� o rd � � w zs a� � a+ U w A�� a� � �h H� � N M r i Nb o�� O H W H a 0 U O z w H H H U w J �• . , - CEIVED r N:OV 2 5 1992 MEYERS, NAVE, RIBACK & SILVER CITY n7- DUBLIN Michael R. Nave A Professional Law Corporation Peninsula Office Steven R. Meyers Elizabeth H. Silver Gateway Plaza 1220 Howard Avenue, Suite Michael S. Riback 777 Davis Street, Suite 300 Burlingame, CA 94010 4211 1 Clifford F. Campbell San Leandro, CA 94577 Telephone: (415) 34 8-7130 Michael F. Rodriquez Telephone: (510) 351-0300 Facsimile: (415) 342-0886 Kathleen Faubion Facsimile: (510) 351-4481 Frederick S. Etheridge Sonoma County Wendy A. Roberts David W. Skinner (707) 546 3126 Steven T. Mattas Of counsel: MEMORANDUM San andro Andrea J. Saltzman TO: Rich Ambrose, City Manager DATE: November 24, 1992 FROM: Elizabeth H. Silver, City Attorney RE: A ointment of Council Representatives to commissions r than the committees and boards othe Plannin Commission Commission and Senior Center Advisory Park and Recreation Committee Government Code Section 40605 requires that the Mayor make all appointments to boards, commissions and committees with the approval of the city council "unless otherwise specifically provided by statute. " The mayor will, thus, appoint members to committees which require appointment of a council member or member of the public. The specific statute should be consulted to determine whether the Mayor or the Council makes appointments to bodies such as ABAG and other regional bodies. If the statute states that the appointment is made by "the City of Dublin" it is my opinion that that means that a e mayor s if states that t he appointment i by "the City Council, " thenthat ointment. means that the full Council makes the app The City is party to several joint powers agreements (e.g. , Dougherty Regional Fire Authority, Congestion Management Agency, Waste Management Authority,of Transportation Council) which require e C appointment Dublin 3 Unless therstate statute members eating one or represent Y of 1The joint powers agreement creating the Dougherty Regional Fire Authority provides, in section 2.7, that the Council appoints three of its members to the Board of DRFA. The Congestion Management Agency Joint Powers Agreement provides in section 10(b) that "the governing body of each agency" shall appoint one member and an alternate. The Joint Powers Agreement for the Tri-valley Transportation Council provides, in section 4, that the member is appointed and serves at the pleasure of the City Council. The Joint Powers Agreement for Waste Management provides, in paragraph 8(b), that the "governing body of each Agency" shall appoint one member and one alternate to the Waste Management Board. i TO: Rich Ambrose, City Manager FROM: Elizabeth H. Silver, City Attorney RE: Directly Elected Mayor DATE: November 24, 1992 PAGE: 2 or authorizing such joint powers authority or body specifically states that the full council makes the appointment, I believe that the Mayor makes the appointments to these boards, commissions and committees with the approval of the Council. (Even if . the reference in section 40605 could be read to mean that the council makes appointments if the particular joint powers agreement refers to the council or governing body, the effect is virtually the same; the Mayor makes the appointment but must have two other votes for it to take effect, thus the appointment requires a majority of the council. ) I have surveyed several other general law cities that elect their mayor (Fairfield, Fremont, Livermore, Milpitas and Pleasan- ton) . Although the practice varies somewhat in all of these cities, the mayor makes all appointments to boards, commissions and committees with the council's approval. In conclusion, I suggest that the Council establish a procedure in its rules (1) for appointment of council represen- tatives to committees, commissions or boards, including council liaison committees, regional boards and commissions) ; and (2) for appointment of citizens to committees, commissions or boards other than the three permanent commissions. _ Very truly yours, MEYERS, NAVE, RIBACK & SILVER Elizabeth H. Silver City Attorney EHS:smn 114\memo\nov92\mayor.ehs ALPHABETICAL LIST OF APPOINTMENTS BY ORGANIZATION ORGANIZATION & COMMITTEE LISTING REPRESENTATIVE APPOINTING AUTHORITY Alameda County Housing Authority Alameda County Library Advisory Commission Alameda County Local Agency Formation Comm Alameda County Mayors' Conference Alameda County Solid Waste Mgmt Auth JPA Alameda County Solid Waste Mgmt Auth JPA Alameda County Soviet Exchange Program Burton BIxt,cm,40C Snyder (Alt) Snyder Moffatt (Alt) Snyder Howard Alameda County Treatmnt of Cities Task Force Snyder Altamont Pass Advisory Coalition Snyder Association of Bay Area Governmts Gen'1 Assy Moffatt Association of Bay Area Governmts Exec Comm Audit Review Committee Audit Review Committee Business Task Force Business Task Force Citizen/Organization of the Year Citizen/Organization of the Year City of San Ramon Liaison Committee City of San Ramon Liaison Committee Community Television Corporation Congestion Management Authority Congestion Management Authority Snyder Burton Snyder Howard Moffatt Snyder Howard/Coleman Snyder (Alt) Board of Supervisors City Council Mayors' Conference City Council City Council City Council Ala Co Office of Educatn City Council City Council City Council Mayors' Conference City Council City Council City Council City Council City Council City Council City Council City Council City Council City Council City Council ALPHABETICAL LIST BY ORGANIZATION ORGANIZATION & COMMITTEE LISTING Dougherty Regional Fire Authority Dougherty Regional Fire Authority Dougherty Regional Fire Authority Dougherty Regional Fire Authority DSRSD Liaison Committee DSRSD Liaison Committee Dublin Housing Authority Dublin Information, Inc. Board of Directors REPRESENTATIVE Howard Mof f att Snyder B n .vW Snyder APPOINTING AUTHORITY City Council City Council City Council City Council City Council City Council City Council+2 Arroyo Vista Tenants City Council/City Mgr/Asst City Mgr Dublin Unified School District Liaison Comm Howard Dublin Unified School District Advisory Comm Snyder East Bay Division/League of CA Cities East Bay Division/League of CA Cities East Bay Regional Park District Liaison League of CA Cities Voting Delegate & Alt Library Planning Task Force Livermore-Amador Valley Transit Auth JPA Livermore-Amador Valley Transit Auth JPA Livermore-Amador Valley Transit Auth JPA Howard (Alt) Moffatt Burton r� ity Council City Council City Council City Council City Council City Council City Council City Council City Council N/A N/A ALPHABETICAL LIST BY ORGANIZATION ORGANIZATION & COMMITTEE LISTING Nominating Committee for Appointments Nominating Committee for Appointments Random Access Network (RAN) Board Regional Water Quality Control Board Tri-Valley Council Tri-Valley Transportation Council Tri-Valley Transportation Council Zone 7 Liaison Committee Zone 7 Liaison Committee REPRESENTATIVE Moffatt Snyder Snyder Snyder City Council Bit UAF(A1t) Moffatt Burton APPOINTING AUTHORITY City Council City Council Mayors' Conference Governor N/A City Council City Council City Council City Council