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HomeMy WebLinkAboutMinutes 102684 - Special Mtng M*.ing Date : 11/13/84 Agenda Item: A-2 SPECIAL MEETING OF ATASCADERO CITY COUNCIL 4 P.M. , October 26 , 1984 Atascadero Administration Building —Rotunda Purpose: To Discuss election procedures and write-in request received by the City Clerk' s Office Page 1 Meeting was called to order at 4: 00 p.m. by Mayor Nelson. Presnet: Councilwoman Norris, Councilman Molina and Mayor Nelson. Councilwoman Mackey arrived at 4 : 04 p.m. Councilman Handshy arrived at 4 : 06 p.m. Mayor Nelson asked Acting City Manager, Ralph Dowell, to bring the council up to date on the events that have taken place since the last council meeting on October 22, 1984 . Ralph Dowell said that on Tuesday, Mr. Goodwin came to the Clerk' s Office at approximately 1 p.m. and requested a statement of write-in candidacy for the position of City Clerk for the November 6, 1984 Special Municipal Election. He was advised by the Acting City Clerk that papers were not being issued in- asmuch as the clerk had been appointed at the October 22nd Council meeting. On Wednesday the 24th at approximately. 1 p.m. he again came to the Clerk' s Office and attempted to turn in a set of home made write-in papers and he was advised again by Mrs. Ramirez that she was unable to accept the papers. Also if he so wished he could contact the City Attorney. Mr. Goodwin waited until the City Attorney made contact and advised Mrs. Ramirez that she should not accept the papers. From this action was generated a request of the City Attor- ney to conduct this special meeting, which has so been scheduled and noted. Mr. Dowell then referred it over to Allen Grimes, City Attorney. Mr. Grimes stated that the City Treasurer and City Clerk jobs in this City are elected positions for four year terms and they were elected in June of 1982 and would run until June of 1986 . The person elected to City Clerk, Barbara Norris, decided to run for City Council. When she was elected to the City Council, the City Clerk job, an elected job, was automatically vacated. The Treasurer decided that he didn' t want to run for office and be treasurer at the same time so he resigned his position. And at that time his office became vacated. For various times, following that, the council considered filling the vacancies in the positions of City Clerk and City Treasurer. At one time it almost appointed an Acting City Clerk and City Treasurer but didn' t, because at its next meeting it vacated its motion and continued the matter. The Council did appoint permanent people to fill the vacancies on Monday, October 22nd. No nominations were received by the closing date set by the County. Acting City Clerk, Georgia Ramirez, wrote a letter to the County Clerk on August 15 to the attention of George Tays, chief of the election office, that there were no nominations. The Acting City Clerk made a publi- cation in the Atascadero News on August 15 pursuant to the provisions of Section 22843.5 of the election code which sets for the procedure for the appointment of elective officers when they are vacant. Mr. Grimes stated that his position is that the Council in good faith followed these code sections in substantial compliance with the intention of the legis- lature to eliminate the necessity of an expensive election and perserve the integrity of the appointed officer to the vacant position. Therefore, he advised the Acting City Clerk to reject any papers for write-in candidates. -1- w SPECIAL MEETING OF ATASCIERO CITY COUNCIL 4 p.m. , October 26, 1984 Atascadero Administration Building - Rotunda Purpose: To discuss election procedures and write-in request received by the City Clerk' s Office Page 2 Mr. Grigger Jones, City Clerk, stated the statement of facts are correct. He said he could only agree because that is the way he heard it and he heard it from both the Acting City Clerk, Georgia Ramirez and the Acting City Manager, Ralph Dowell. He said he had no reason not to believe or disagree with it in anyway. His position is that the appointment of himself as City Clerk was proper and he used the term proper in that it is his belief that it was substantially in compliance with the election code and the government code. Mayor Nelson asked Georgia Ramirez if when she sent the letter to the County Clerk' s Office regarding no candidates filing, if it was discussed that this issue be taken off the ballot. She responded it`was not discussed, only that no candidates had filed for the position. Councilman Handshy asked if Michael Goodwin had applied for the position before or after last Monday night' s meeting. Georgia Ramirez responded that the first time Mr. Goodwin came to the Clerk' s Office was at 1 p.m. on Tuesday, the day after the last council meeting. Councilwoman Norris asked if the City Council has the right and power to extend the deadline for the filing date. City Attorney Allen Grimes said that the city could not extend it. Kathleen Daly said she is a resident and qualified elector of this city. She was a visible proponent calling for an elected City Clerk and elected City Treasurer in the 1980 election. She said she was disappointed that there were no qualified candidates prior to this "so called filing period" . She said the city short changed the people by closing 26 days early when the advertisement was posted in August. She said the Council acted in direct violation of the laws regarding the state election and by chosing the Finance Director was a total disregard of wishes of the people. She said her primary concern in this situation of elected City Clerk and City Treasurer is that you allow write-in candidate or candidates. She said the whole thing can be settled without too much difficulty without any kind of a problem if the City would say they made a mistake. Mr. Goodwin said he did not dispute anything that had been said, at least not substantially. He said the City Clerk did certify to the City Council the options when no one filed by August 15, but she did it before the 63rd day prior to the election, about three weeks early. - Mayor Nelson asked Mr. Goodwin why he didn't seekinformationfrom the City rather than the County. Mr. Goodwin responded that he works for the County at the Court House and the Law Library is more convenient to him there,_ Councilman Handshy asked Mr. Goodwin why he didn't come forward earlier, since the council had been laboring with these positions for five months . Mr. Good- win responded that he was in the process of moving and couldn't come to the meeting on October 22nd. -2- r SPECIAL MEETING OF ATASCADERO CITY COUNCIL 4 p.m. , October 26, 1984 Atascadero Administration Building Rotunda Purpose: To discuss election procedures and write-in request received by the City Clerk' s Office Page 3 Councilwoman Mackey asked Mr. Goodwin if he would have time to do the things you need to do as City Clerk. Mr. Goodwin responded that he wasn't sure ex- actly how much would be required of him since the position only pays $20 a month, but that he could attend council meetings and perhaps take some time off from work. Councilwoman Norris asked Mr. Goodwin if he was really serious about being the City Clerk and the fact that it does take a great deal of time. Mr. Goodwin said it depended on what you mean by being really serious, because he was not acticipating it like a kid waiting for Christmas morning. Mr. Goodwin said he was not aware that some one had been appointed at the time he tried to take out papers on Tuesday, October 23rd at l p.m. Mr. Handshy at this point said as far as he was concerned there are no vacan- cies for City Clerk. Mr. Goodwin responded that the council did what they felt was right and that they had followed the advise of their counsel. Councilwoman Norris asked Mr. Goodwin if he was aware that the City Council was not the only recourse that he had. That he could file with the Superior Court a writ of mandate and prove the error. Mr. Goodwin said he wasn' t aware of that, but he didn't call the meeting. , He didn't even request the meeting. He became aware of it through the news media and came for the meeting. Kathleen Daly said that whether or not the council liked Mr. Goodwin personally or his reasons for running, the fact was that there was still an open legiti- mate call for a write-in campaign at this point. Councilman Handshy said that the Council had labored with this problem for five months. He said that when the City Clerk and City Treasurer ran for City Council the positions were elected positions. They were advertised in the paper. Everybody had a chance to put their name in, and they did not do SO. The City Council appointed a city treasurer and acting city clerk until they finally decided last Monday to appoint Mr. Dowell and Mr. Jones. Councilwoman Mackey said she had to agree with Mr. Handshy in most of the things that he said. She had personally asked people if they wanted to run for City Clerk or City Treasurer. She thinks the counciltook proper action on Monday night. Councilwoman Norris said she had studied this issue with County Clerk, Mitch Cooney and Mr. Grimes and was still having problems with the 50th day, that being September 17 . If it were up to her, she would want Mr. Jones and Mr. Goodwin to be placed on the ballot. _3 r SPECIAL MEETING OF ATASCADERO CITY COUNCIL 4 p.m. , October 26, 1984 Atascadero Administration Building - Rotunda Purpose: To discuss election procedures and write-in request received by the City Clerk's Office. Page 4 Councilman Molina said he completely concurred with the City' s legal depart- ment. He said he thinks the council acted properly in appointing these two positions on Monday night. Mayor Nelson said that at least two study sessions these positions were dis- cussed. Also that at least three or four council meetings they discussed this subject. He said he believed the citizens were given ample time to come forth and that the Council waited until the final hour to make a decision. That the Council had complied with the law. He said he was willing to stick with the Council' s decision made on Monday night. MOTION: By Councilman Molina, seconded by Councilman Handshy that the City Council uphold the appointment of Grigger Jones as City Clerk and the appointment of Ralph Dowell as City Treasurer and confirm the recommendation of the City Attorney. Councilwoman Norris asked to abstain from voting, but ,upon being advised by Mayor Nelson that abstention would constitute a "yes vote under the rules, she voted "no" . Passed 4 : 1 by roll call vote with Councilwoman Norris voting no* Meeting adjourned at 5 :13 p.m. RECORDED BY. R ert M. Jones, City Clerk *At Council meeting of November 13, 1984, Councilwoman Norris changed her vote to , "yes" . See Item A-2 of consent calendar for November 13, 1984.