Long Beach City Clerk Abruptly Resigns, Announced By City Att'y Following Council Closed Session

sa Long Beach City Clerk Abruptly Resigns, Announced By City Att'y Following Council Closed Session

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(FLASHED on front page Nov. 22, 8:10 p.m. with additional text 9:15 p.m.) -- Following a Nov. 22 closed-session (held over to the end of the Nov. 22 Council meeting) to discuss what was agendized as a public employee performance evaluation of the City Clerk (under CA Gov't Code section 54957(b)(1)), City Attorney Charles Parkin exited at roughly 8:00 p.m. and announced:

"Pursuant to Government Code 54957.1, by a vote of 7-0, the Council has voted to accept the resignation of the City Clerk, Maria Garcia."

Re the announced 7-0 vote tally, Councilmembers Andrews and Mungo were absent when the Council went into its closed session. Ms. Garcia wasn't present during main Council meeting.

[Scroll down for further.]

CA Gov't Code section 54957(b)(1) [the section cited on the agendized closed session item] lets a legislative body [the City Council] hold a closed session "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session."

CA Gov't Code section 54957.1, cited by the City Att'y in publicly reporting the action taken in closed session, requires a local agency to "publicly report any action taken in closed session and the vote or abstention on that action of every member present."

Paragraph (5) of Section 54957.1 requires the public report of an "Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957...The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any."

Further as we learn it on LBREPORT.com.

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