How Did Mayor Garcia Get So Many Chances To Choose New City Commissioners?
(Oct. 20, 2014) -- On Oct. 21, a City Council majority will decide whether to accept or reject all or some of multiple appointees proposed by Mayor Garcia to a number of City Hall Commissions. In the public interest, LBREPORT.com provides the following detailed background:
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Q: How did Mayor Garcia get so many chances all at once to choose new Commissioners?
A: Exited Mayor Bob Foster didn't reappoint or name new Commissioners when their terms of office expired. The terms of office for multiple Commissioners expired long ago, giving Garcia the ability to choose multiple new Commissioners subject to Council majority approval now.
Q: How can Commissioners remain in office after their terms of office expiree?
A: For years (preceding current City Attorney Parkin) the City Attorney's office has interpreted City Charter in a way that allows it. Although City Charter section 509 says the Mayor shall [emphasis added] appoint a successor at the expiration of the term of each City Charter Commission member (subject to confirmation by a Council majority then in office), the City Attorney's office cites Charter section 508 which states that Charter Commission members' terms shall continue "until their successors are appointed and take office." City Attorney Parkin indicates in explanatory correspondence (Oct. 16) to LBREPORT.com:
This office has consistently interpreted Section 508 to allow Commissioners to serve beyond their Charter stated term of office and until the Mayor makes a replacement appointment and the Council confirms that appointment. This interpretation recognizes that delays may occur during the appointment, selection and approval process and that it is appropriate for continuity of the various Commissions that "sitting" Commissioners remain in place until their successors are chosen.
In LBREPORT.com's opinion, Mayor Foster abused the City Attorney's interpreted prerogative. We believe Foster simply let expired-term Commissioners continue to leave his "holdovers" hanging by a thread that Foster could cut if they took positions contrary to his own. If Foster had timely reappointed or replaced term-expired Commissioners, he couldn't oust them without triggering the bruising process used to oust dissident Harbor Commission President Tom Fields. We believe the City Charter should be amended to prevent other Mayors from doing what Foster did but it isn't an issue by Mayor Garcia at this point.
