Who “May”, or “May” Not Appoint City Deputy Clerks

TULELAKE, Calif– Well it was business as usual with the Tulelake City Council. One question comes to mind? The Tulelake City Council apparently approved the minutes where is says the following: “After discussion of a memo submitted by City Clerk Cordonier, Council agreed that City Clerk may appoint a Deputy Clerk but does not have the authority to terminate that position. Councilmember McCloud made a motion to void the memo fro City Clerk. Councilmember Carroll seconded. Motion Carried. (Motion 11-06)

Mayor Darrow made a motion to appoint Candace Jefferies and Kim Keiser as Deputy Clerks to serve in the absence of the City Clerk with no remuneration, motion seconded by Councilmember Cantrell. Motion Carried (Motion 11-07)”

Does that mean that the Tulelake City Council have gone around the Government code and made one of their own by appointing Candace Jefferies and Kim Keiser as Deputy Clerks at the pleasure of the City Council, instead of the City Clerk?

The following is the Government Code:
GOVERNMENT CODE SECTION 40801-40814

40813.  The city clerk may appoint deputies, for whose acts he and his bondsmen are responsible.  The deputies shall hold office at the pleasure of the city clerk and receive such compensation as is provided by the legislative body.

Does that mean that the City Clerk has no choice as to whom he appoints or terminates? 

That is not what the Government Code says. Did the Tulelake City Council skirt around the Government Code and make one up all on their own? “City Clerk may appoint a Deputy Clerk but does not have the authority to terminate that position.” In other words the City Clerk at his discretion and pleasure may appoint a Deputy Clerk but has no authority to dismiss the Deputy Clerks if they do not fulfill their duties in the absence of the Elected City Clerk? The City Clerk may not terminate the Deputy City Clerks without the approval of the City Council. Which leads to another question can the elected Treasure all legally hold the title of Deputy Clerk? You decide as to which is correct and what is not correct, after all you are the voters and have the right to question the legal or illegal appointment(s) of Deputy City Clerk(s), there for, not one but two Deputy Clerks?

In other matters what happens to all the people that have not paid their water bills going on four months without a bill in sight. These people who have not paid their water and garbage bills are going to have one big whopper bill. When this is all finally caught up with getting the water and garbage bills out on time, if we are lucky by the first part of February 2011.

What about those people who have shut off notices do they get their water for free? You decided by taking the time to call city hall and ask what the heck is going on because those of us who have paid our bills without a bill are ahead of the game of, “Well, I don’t pay my bill until I get it in the mail, those people are going to have a shock when it comes due for three or four months back billing. Good luck and I wish them well.

                           

James Garland of Tulelake New Times (TNT)  Publisher, Editor and writer http://tulelakenews.blogspot.com/