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HomeMy WebLinkAbout031044 RES - 01/24/2017 RESOLUTION OF THE CORPUS CHRISTI CITY COUNCIL ACCEPTING RESIGNATION OF MAYOR AND REGARDING MAYOR PRO TEM SERVICE AND DUTIES Whereas,the Corpus Christi City Charter states at Article II Section 12 the following regarding Vacancy in Office of Mayor: "Sec. 12. -Vacancy in office of mayor. (a) In the event of death, resignation, permanent disability, forfeiture of office, recall or impeachment of the mayor, or if for any reason a vacancy shall exist in the office of mayor, the council member elected at large who received the highest number of votes in the last regular election shall immediately become the mayor, provided that such council member shall not be at that time the subject of any recall petition on file with the city secretary. notwithstanding the foregoing, in the event more than one year remains until the next regular city council election or the council member designated to become mayor is the subject of a recall petition on file with the city secretary, a special election shall be called by the then remaining council members to fill the vacancy in the office of mayor, and if there then are no remaining council members such special election shall be forthwith called by the county judge of Nueces County,Texas. (b) Any person who becomes mayor as provided above shall have all the duties and powers of the mayor for the remainder of the unexpired term of the mayor, unless sooner removed as provided in this Charter. In the event a council member becomes mayor, the office of the council member shall become vacant, and such vacancy shall be filled as provided in this article." Whereas, the Corpus Christi City Charter states at Article II Section 4 the following regarding Mayor Pro Tem: "Sec. 4. -The mayor pro tem. (a) The city council shall nominate and confirm one of the council members who shall be known and designated as mayor pro tern, and he or she shall receive no extra pay by reason of being or acting as mayor pro tem. (b) Whenever a regular or special meeting is scheduled to be held and both the mayor and mayor pro tem are absent, a majority of the council members present may proceed to elect one of those present as acting mayor for such meeting who shall preside and discharge the duties of the mayor. The absence of the mayor and mayor pro tern shall be noted in the minutes with a short statement of the reason for absence, if known. (c) When it is anticipated that both the mayor and mayor pro tem will be absent from the city, or unable to perform the duties of the office of mayor on the day of the meeting of the city council, the council by a majority vote shall name a member to be mayor ►31044 INDEXED pro tern for the particular meeting, and he or she shall be entitled to perform the duties and have the powers of the mayor on such occasion." Whereas, the Corpus Christi City Charter states at Article II Section 5 the following regarding absence or disability of the Mayor: "Sec. 5. - Disability of mayor. If for any reason the mayor is absent from the city or unable to perform the duties of his or her office, the mayor pro tern shall act as mayor and during such absence or disability shall perform the duties and have the powers of the mayor; provided, that in the event that any disability of the mayor extends for a period longer than thirty (30) days, the council member elected at large who received the highest number of votes at the most recent City Council election shall become mayor pro tern and shall act as mayor for the remainder of the period of such disability. He or she shall have all the authority, rights and benefits of the mayor during such period." Whereas,the Mayor and City Council were elected on November 8, 2016; Whereas, Dan McQueen was elected Mayor on November 8, 2016; Whereas, on December 13, 2016,the City Council approved a Mayor Pro Tern rotation schedule in accordance with the City Charter, Article II Section 4(a); Whereas, Mayor Dan McQueen delivered his resignation on January 23, 2017 to the City Secretary; Whereas, more than one year remains in the term of office; Whereas, Texas Election Code Section 201.001(a) provides: "To be effective, a public officer's resignation or an officer-elect's declination must be in writing and signed by the officer or officer-elect and delivered to the appropriate authority for acting on the resignation or declination. The authority may not refuse to accept a resignation." Whereas, Texas Election Code Section 201.001(b) provides: "If the authority to act on a resignation or declination is a body, the resignation or declination may be delivered to the presiding officer of the body or to its clerk or secretary." Whereas, Texas Election Code Section 201.002 provides: "Unless otherwise provided by law, the authority to act on a public officer's resignation or an officer-elect's declination is the officer or body authorized to make an appointment or order a special election to fill a vacancy in the office." Whereas, Texas Election Code Section 201.023 provides: "If an officer submits a resignation, whether to be effective immediately or at a future date, a vacancy occurs on the date the resignation is accepted by the appropriate authority or on the eighth day after the date of its receipt by the authority,whichever is earlier." Now, therefore, be it resolved by the City Council of Corpus Christi,Texas: Section 1. That the City Council hereby accepts the resignation of Dan McQueen. Section 2. That the City Council determines that Dan McQueen will no longer be included in any City Council communications, nor receive any City salary or benefits, due to his resignation from office and City Council acceptance of his resignation. Section 3. That the Corpus Christi City Council finds that, pursuant to Article II Section 12 (a) of the City Charter, a special election must be called to elect a new mayor for the remainder of the unexpired term. Section 4. That the Corpus Christi City Council finds that, pursuant to Article II Section 4 and Section 5, the Mayor Pro Tem shall act as Mayor and perform the duties and have the powers of the Mayor during and between City Council meetings until such time as the newly elected Mayor takes office upon the special election to be held on May 6, 2017. Section 5. That the Corpus Christi City Council authorizes, until a new mayor is elected and seated, the Mayor Pro Tem to issue personnel decisions with respect to the staff of the Mayor's office to the same extent as is normally exercisable by an elected Mayor. This authority shall include the power to evaluate, direct, terminate, accept resignations, and hire such staff to the same extent as such authority may otherwise be exercisable by an elected Mayor. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Mayor Pro em City Secretary Corpus Christi,Texas 1-1---Of , L 1 a ' __ 2,011 S The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo . .. Michael Hunter E.A.J Joe McComb 1 111 o , Ben Molina �..r Lucy Rubio W . Greg Smith fl 4 Carolyn Vaughn 031044