HomeMy WebLinkAbout3.5 Installation of Officers ...� �, 0
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 24, 1986
SUBJECT Installation of Officers
EXHIBITS ATTACHED Memorandum from Assistant City Attorney dated
November 17 , 1986
RECOMMENDATION
VP1
Install Mayor and Mayor Protempore
FINANCIAL STATEMENT: None
DESCRIPTION After the Municipal Election in 1984, the City Council
did not establish a method for the selection of Mayor and Mayor Protempore ,
but agreed it would rely on State Law after the next election. Since the
law is not clear regarding the method for selecting a Mayor and Mayor
Protempore when a City consolidates its Municipal Election with the General
Election , the Assistant City Attorney has prepared an opinion addressing
this issue .
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COPIES TO:
ITEM NO.
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NAVE & SILVER
MICHAEL R.NAVE ATTORNEYS AT LAW EAST BAY OFFICE:
ELIZABETH H.SILVER 1220 HOWARD AVENUE. SUITE 250 CIVIC CENTER COMPLEX -
P.O. BOX 208 835 E. 14TH STREET
BURLINGAME. CALIFORNIA SAN LEANDRO.CALIFORNIA 94577
94011-0208 TELEPHONE:(415)577.3333
(415) 348.7130 REPLY TO
MEMORANDUM
TO: Richard Ambrose, City Manager DATE: 11/17/86
FROM: Elizabeth H. Silver, Assistant City Attorney
RE: Election of Mayor
Government Codes § 36801 provides:
The city council shall meet on the Tuesday after the general
municipal election and choose one of its number as mayor, and
one of its number as mayor pro tempore.
This section has not been amended since 1955.
The city has consolidated its election with the statewide general
election. As a result, the results of the election are not final
until certified to the city council , which must be done within 28
days. Elections Code § 17088. The council shall then declare the
results of the election. Elections Code § 17111 . The Dublin
Council meets on Mondays, of course.
The general rule of statutory construction is that statutes are to
be interpreted to avoid absurd results. Applying this rule, I
would interpret § 36801 to require the Council to choose a mayor
and mayor pro tempore at its first regular meeting following
certification of the results of the election. This carries out
the intent of § 36801 and is the only logical interpretation of
the statute.
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Elizabeth H. v
Sil er
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