Loading...
Resolution No. 2012-116RESOLUTION NO. 2012-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING RULES AND PROCEDURES TO GOVERN ELECTION CONTESTS FILED WITH THE CITY COUNCIL PURSUANT TO VERNON CITY CHARTER SECTION 3.4 WHEREAS, the provisions of Chapter 2 of the City Charter of the City of Vernon state that: "The city shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions in respect to municipal affairs, without limitation, which may lawfully be adopted, made, exercised, taken or enforced under the Constitution of the State of California subject only to such limitations as may be provided by this Charter"; and WHEREAS, Chapter 3.4 of the City Charter of the City of Vernon provides that "the city council shall be the final judge of election results and the qualifications of its members"; and WHEREAS, on June 18, 2012, an election contest of the June 5, 2012 Special Municipal Election was filed with the City Council of the City of Vernon invoking its jurisdiction pursuant to Chapter 3.4 of the City Charter of the City of Vernon; and WHEREAS, on June 27, 2012, the City Council of the City of Vernon adopted Ordinance No. 1197 establishing procedures for election contests filed pursuant to Chapter 3.4 of the City Charter of the City of Vernon (codified as Article XII of Chapter 2 of the Vernon Municipal Code); and WHEREAS, Section 2.90-5 of the Vernon Municipal Code provides that, "The City Council of the City of Vernon may adopt by resolution additional procedures for election contests which shall provide for fair, transparent, and expedited adjudication consistent with due process and - 1 - equal protection of the law;" and WHEREAS, the City Council of the City of Vernon has determined that the enactment of additional procedures for election contests filed pursuant to Chapter 3.4 of the City Charter, which provide for fair, transparent, and expedited adjudication consistent with due process and equal protection of the law is in the best interests of the residents of the City of Vernon as well as the thousands of employees who work in the City of Vernon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS ,FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: General Provisions. (a) The election contest provisions of this Resolution shall apply to all election contests filed with, and determined by, the City Council of the City of Vernon pursuant to City Charter Chapter 3.4 and Ordinance No. 1197. These provisions shall apply to contests concerning the election of candidates for city office, as well as municipal ballot measure elections insofar as they can be made applicable. (b) When used in this Resolution, "contestant" means any elector in the City of Vernon initiating an election contest with the City Council. "Defendant" means that person whose election is contested or those persons receiving an equal and highest number of votes, other than the contestant, where the body canvassing the returns declares that no one person has received the highest number of votes for the contested office. - 2 - (c) When used in this Resolution, "precinct board" means the board appointed by the elections official to serve at a single precinct or a consolidated precinct including a special counting or canvassing board pursuant to California Elections Code Section 15102. "Precinct board," when used in relation to proceedings taking place after the, polls have closed, likewise includes any substitutive canvassing and counting board that may have been appointed to take the place of the board theretofore serving. (d) When used in this Resolution, "City Council" means the City Council of the City of Vernon. (e) No irregularity or improper conduct in the proceedings of the precinct board members, or any of them, or of the elections official is malconduct that avoids an election, unless the irregularity or improper conduct is such as to procure the defendant to be declared either elected or one of those receiving an equal and highest number of votes where no one person has received the highest number of votes. (f) An election shall not be set aside on account of illegal votes, unless it appears that a number of .illegal votes has been given to the person whose right to the office is contested or who has been certified as having tied for first place, which, if taken from him or her, would reduce the number of his or her legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to that other person. (g) An election shall not be set aside on account of eligible voters being denied the right to vote, unless it appears that a sufficient number of voters were denied the right to vote as to change the result as to whom was elected or received an equal and highest - 3 - number of votes where no one person has received the highest number of votes. (h) A City Council member who is a contestant or defendant in an election contest before the City Council may not in any way participate in the deliberation, decision -making or administration of the election contest. (i) A party to an election contest may agree in writing to service of documents, notices and other papers by email or facsimile. (j) When service on a party is required in connection with an election contest, an affidavit or declaration of service shall be filed with the City Clerk and retained in the record of the contest proceedings. SECTION 3: Grounds for Election Contest. Any elector (as defined in the California Elections Code) of the City of Vernon may contest any election held therein for any of the following causes: (a) That the precinct board or any member thereof or the elections official was guilty of malconduct. (b) That the defendant who has been declared elected to an office was not, at the time of the election, eligible to that office. (c) That the defendant has given to any elector or member of a precinct board any bribe or reward, or has offered any bribe or reward for the purpose of procuring his election, or has committed any other offense against the elective franchise defined in Division 18 (commencing with Section 18000) of the California Elections Code. - 4 - (d) That illegal votes were cast, including, without limitation, votes by person(s) who were not eligible to vote in City of Vernon elections. (e) That eligible voters who attempted to vote in accordance with the laws of the state were denied their right to vote (f) That the precinct board or the elections official in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been determined to elected, or to have received an equal and highest number of votes where no one person has received the highest number of votes. (g) That there was an.error in the vote -counting programs or summation of ballot counts. SECTION 4: Form and Timing of Contest Statement. (a) when an elector of the City of Vernon contests any election pursuant to City Charter section 3.4 and Ordinance No. 1197, he or she shall file with the City Clerk a written statement setting forth specifically: (1) The name of the contestant and that he or she is an elector of the City of Vernon. (2) The name of the defendant. (3) The office or measure. (4) The date of the election. (5) The particular grounds of contest and the subsection of Section 2 of this Resolution under which the statement is filed. (6) The date of the certification of the result of the election by the body or elections official canvassing the - 5 - returns thereof. (b) The contestant shall file the statement of contest within ten days of the certification of the result of the election by the body or elections official canvassing the returns thereof. For a consolidated election, the ten days shall run from the date the County elections official conducting the election executes the certified statement of the results pursuant to the California Elections Code. A statement of contest filed prematurely shall be deemed filed within ten days of certification as set forth above. (c) A statement of the grounds of contest shall not be rejected, nor the proceedings dismissed, for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which the election is contested. (d) When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that in one or more specified voting precincts illegal votes were given to the defendant, which, if taken from him or her, will reduce the number of his or her legal votes below the number of legal votes given to some other person for the same office. (e) When irregularity or improper conduct in the proceedings of the precinct board members, or any of them, or of the elections official is alleged as a cause of contest, the contest statement shall state the specific nature of the mistake, error, misconduct, or other cause of contest. SECTION 5: City Clerk's Duties Upon Filing of Statement of Contest. When the contest statement is filed with the City Clerk, the City Clerk shall serve on the defendant a copy of the contest statement, - 6 - along with a complete copy of this Resolution and Ordinance No. 1197. Service shall be by personal delivery to the defendant or, if the defendant cannot be found, by .leaving a copy at the place of residence named in his or her affidavit of voter registration. The City Clerk shall prepare an affidavit or declaration of service and retain same in the record of the contest proceedings. The City Clerk shall also provide a copy of the contest statement to each member of the City Council, the City Attorney, and the City Administrator. SECTION 6: Defendant Shall File Answer. (a) Within five days of the date of service of a copy of the contest statement pursuant to Section 4 above, the defendant shall file an answer and may file a cross -contest statement with the City Clerk. All of the provisions of this Resolution, including without limitation, Sections 3 and 4 hereof, shall apply to a contest statement filed by the defendant. (b) No special.appearance or demurrer may be taken. All objections shall be contained in the answer. Any appearance whatever of the defendant or any request to the City Clerk, the City Council or the hearing officer by the defendant or his or her attorney shall be entered as a general appearance in the contest. (c) If the defendant does not appear, the hearing officer shall note his default, and shall proceed to hear the contest as provided in this Resolution with all convenient speed, and the City Council shall issue its decision thereon. SECTION 7: Appointment of Neutral Hearing Officer. (a) The election contest hearing provided for in Section 8 of this Resolution shall be conducted by a neutral hearing officer appointed by majority vote of the City Council members present. The - 7 - hearing officer shall be (1) a member of the State Bar of California for a minimum of fifteen years and (2) a former member of the federal or state judiciary or a former federal or state public prosecutor. The hearing officer shall be entitled to payment by the City for his or her services, including reasonable expenses. The hearing officer shall not be an officer or employee of the city and shall not have any other relationship with the city. (b) Within seven days of the filing of a contest statement the City Council shall meet to appoint a hearing officer. (c) Upon appointment by the City Council, the hearing officer shall deliver to the City Clerk a statement disclosing any actual or possible conflicts of interest with the parties to the election contest, other matters which could reasonably be,perceived as affecting the hearing officer's ability to be impartial, and such other matters as may be required by the City. The City Clerk promptly shall serve a copy of the disclosure statement on the parties to the election contest or on their designated counsel of record. (d) A party may challenge the continued service of the hearing officer for cause. If, however, a challenge is raised more than five days after service of the disclosure statement required in subsection (c), the burden is on the challenger to show that the challenge is based upon information that was not previously available to the parties. The City Council, upon the advice of the City Attorney, shall make the final determination of any challenge. Such determination shall take into account the materiality of the facts and any prejudice to the parties to the election contest. The decision will be final. (e) No party to the election contest or any member of the City Council shall have any ex parte communication with the hearing officer. - 8 - SECTION 8: Hearing By Neutral Hearing Officer. (a) The hearing officer shall, promptly upon expiration of the five-day time period for filing challenges to his or her appointment, or promptly upon the City Council's determination overruling a challenge, designate the time and place of hearing, which time shall be not less than ten nor more than 20 days from the date of the designation setting time and place of the hearing. (b) The hearing officer shall immediately issue and serve a notice for the defendant and contestant to appear at the time and place specified. The notice shall be served upon the parties or their designated counsel of record. If a party is not represented by counsel, service upon the party shall be by personal delivery or, if the party cannot be found, by leaving a copy at the place of residence named in his or her affidavit of voter registration. (c) At the request of any party made not less than five days prior to the hearing, and pursuant to California Government Code section 37104, et seq. or any other applicable legal authority, the City Council shall issue subpoenas for witnesses to appear and testify at the hearing. (d) Testimony shall not be received of any illegal votes, unless the contestant or cross -contestant serves on the defendant or cross - defendant, at least three days before the hearing, a written list of the number of illegal votes, and by whom given, which he or she intends to prove. No testimony may be received of any illegal votes except those that are specified in the list. If such a list is contained in the contest statement, no further service shall be required'. (e) The hearing shall proceed at the time and place designated, to determine the contested election, and the hearing officer shall have - 9 - all the powers necessary to the determination thereof. It may adjourn from day to day until the hearing is ended. The hearing shall be held before a certified court reporter. (f) In the hearing and determination of election contests, the hearing officer shall be governed by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable. The hearing officer may recommend that the City Council dismiss the proceedings if the contest statement is insufficient, or for want of prosecution. (g) In all contests where it appears from the contest statements filed that a recount is necessary for the proper determination of the contest, the ballots shall be opened and a recount taken at a noticed public meeting, of the votes cast for the various candidates. The notice shall be served on the parties or their designated counsel of record. The recount shall include a tabulation of all names written upon a ballot and which are subject to canvass pursuant to Chapter 7 (commencing with Section 15350) of Division 15 of the California Elections Code. (h) The hearing officer shall continue in session to hear and determine all issues arising in.the contested election. After hearing the proofs and arguments of the parties, and within ten days after the submission of the contest for decision, the hearing officer shall file his or her written findings of fact and conclusions of law with the City Clerk. If it appears that a person other than the defendant has the highest number of legal votes, the hearing officer shall find that person elected. The written findings shall determine each issue raised by the parties in the contest, pronounce a recommendation that the City Council either confirm or annul the certification of the result of the - 10 - election by the body or elections official canvassing the returns thereof, and specifically state the name of the person who was found to be elected and the reasons therefor. (i) The City Clerk shall promptly serve a copy of the written findings and recommendation of the hearing officer upon the parties or their designated counsel of record. SECTION 9: Final Determination by City Council. (a) At a duly noticed City Council meeting held not less than 5 days after the hearing officer files the written findings and recommendation with the City Clerk, the City Council shall convene in a regular or special meeting. At the public City Council meeting, the City Council may, by a majority vote of the membership of the City Council, reject the hearing officer's recommendation. If there is not a majority vote of the membership of the City Council to reject the recommendation of the hearing officer, the recommendation shall become the decision of the City Council. If the City Council decides to reject the hearing officer's recommendation, it must expressly state in writing its reason(s) for doing so. The parties shall have an opportunity to address the City Council about the hearing officer's findings and recommendation, or any aspect of the proceedings at the meeting before the City Council makes its decision. The City Council may review the record or any portion of the record of the proceedings prior to making its decision. (b) The City Council shall forthwith declare elected the person receiving the highest number of legal votes in the contested election pursuant to subdivision (a), above, and install the newly elected officer as a member of the City Council. (c) The person declared elected by the City Council is entitled to a certificate of election. If a certificate has not already been issued to him or her, the City Clerk shall immediately make out and deliver to that person a certificate of election signed by him or her. The City Clerk shall also administer to each person elected the oath of office prescribed in the California Constitution. (d) If an elections official has issued any certificate for the same office to any other person than the one declared elected by the City Council, or if the Council finds a tie vote, the certificate is annulled by the City Council's decision in the election contest. (e) Whenever an election is annulled or set aside by the decision of the City Council, the commission of office, if any has issued, is void and the office is vacant. SECTION 10: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 10th day of July, 2012 Name: Willi m J. Davis Title: -Mayes/ Mayor Pro-Tem - 12 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-116, was duly passed, approved and adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Tuesday, July 10, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of July, 2012, at Vernon, California. (SEAL) - 13 - 0 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: July 11, 2012 TO: Mark Whitworth, City Administrator/Fire Chief FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2012-116 — A Resolution of the City Council of the City of Vernon Adopting Rules and Procedures to Govern Election Contests Filed With the City Council Pursuant to Vernon City Charter Section 3.4 Transmitted herewith is a copy of Resolution No. 2012-116 referenced above, which was approved by City Council on July 10, 2012. Thank you. WY:dj Attachment c: Ana Barcia Kristen Enomoto City Council Resolution No. 2012-116 STAFF REPORT CITY ADMINISTRATION DATE: July 5, 2012 06 —77—/ RECEIVED JUL 0.5 2012 CITY CLERK'S OFFICE TO: _ Honorable Mayor Pro Tem and City Council M 0/FROM: Mark C. Whitworth, City Administrator RE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING RULES AND PROCEDURES TO GOVERN ELECTION CONTESTS FILED WITH THE CITY COUNCIL PURSUANT TO VERNON CITY CHARTER SECTION 3.4 The Vernon City Charter section 3.4 provides in relevant part: "The city council shall be the final judge of election results and the qualifications of its members." , This provision empowers the City Council of the City of Vernon to receive and adjudicate election contests. People v. Metzker (1874) 47 Cal. 524; Carter v. Superior Court (1902) 138 Cal. 150; McGregor v. Bd. of Trustees of Town of Burlingame (1911) 159 Cal. 441. On June 18, 2012, an election contest of the June 5, 2012 Special Municipal Election was filed with the City Council of the City of Vernon invoking its jurisdiction pursuant to Chapter 3.4 of the City Charter of the City of Vernon. On June 27, 2012, the City Council adopted Ordinance No. 1197 ("ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTER 2, ARTICLE XII OF THE VERNON CITY CODE ESTABLISHING PROCEDURES FOR ELECTION CONTESTS") to amend the Municipal Code of the City of Vernon to establish procedures by which the City Council would exercise its authority under Vernon City Charter Section 3.4. Ordinance No. 1197 provides that, "The City Council of the City of Vernon may adopt by resolution additional procedures for election contests which shall provide for fair, transparent, and expedited adjudication consistent with due process and equal protection of the law." This report recommends that the City Council.1) introduce and adopt the proposed resolution ("RESOLUTION ADOPTING RULES AND PROCEDURES TO GOVERN ELECTION CONTESTS FILED WITH THE CITY COUNCIL PURSUANT TO VERNON CITY CHARTER SECTION 3.4") at its duly noticed meeting on July 10, 2012, and 2) instruct the City Attorney to bring back for the City Council's consideration one or more nominees to serve as a hearing officer pursuant to Section 6 of the proposed resolution. Background On June 5, 2012, a special municipal election was held in the City of Vernon to fill a vacancy on the City Council. Because that date coincided with the date of the statewide primary election the City Council election was consolidated with the statewide primary and was administered by the Los Angeles County Registrar of Voters. On May 10, 2012, attorney Frederic Woocher of Strumwasser & Woocher LLP, on behalf of a Vernon voter and the Vernon Chamber of Commerce, submitted a letter to the Los Angeles County Registrar of Voters challenging for lack of residency in the City of Vernon any vote -by - mail ballots cast in the special municipal election by 21 named voters. Included with that submission were evidentiary materials related to each of the challenges. Mr. Woocher submitted supplemental evidentiary materials to the County Registrar on June 5, 2012. In both the May 10 and in the June 5 submissions, Mr. Woocher requested that the County Registrar hold an evidentiary hearing to adjudicate the challenges and indicated that he was prepared to present the testimony of many Vernon residents who could attest to the non- residency of the challenged voters. On June 5, 2012, the County Registrar responded that he would not receive the live testimony, and that he would instead rule on the pending challenges to voters based only on the written documentation previously submitted. The Registrar indicated that he would issue his determinations on the challenged ballots by the close of business on Friday June 8, 2012, and keep the challenged ballots secured and unopened until June 22, 2012, in order to allow any of the affected parties the opportunity to seek relief from his determinations. On June 8, 2012, the County Registrar issued his determinations on the voter challenges, indicating that ten of the challenged voters had submitted vote -by -mail ballots for the June 5, 2012 special municipal election. In each case, the Registrar acknowledged that the written evidence submitted raised questions concerning the residency of the challenged voter, but he ultimately determined that the written evidence submitted was not a sufficient basis upon which to disqualify the ballots of these ten challenged voters prior to the processing of their ballots. The County Registrar emphasized, however, that he wanted to ensure that appropriate due process is afforded both to the challenger and to the voters whose ballots were challenged, and that "[bjecause the Elections Code is not specific in identifying a process that serves that purpose, I want to further ensure that there is adequate time available for any party subject to the proceedings to seek additional review." Accordingly, the Registrar stated that the ten ballots subject to challenge would remain secured and unopened until Friday, June 22, 2012. On June 18, 2012, an election contest of the June 5, 2012 Special Municipal Election was filed with the City Council of the City of Vernon invoking its jurisdiction pursuant to Chapter 3.4 of the City Charter of the City of Vernon. On June 20, 2012, the City Council discussed the contest at its duly noticed special meeting and the importance to the integrity of Vernon elections of Vernon residents being accorded the opportunity to a hearing before the City Council on an election contest and to provide testimony concerning the residency of persons who have cast votes in Vernon elections. The City Council unanimously voted to ask the Registrar that the challenged ballots remain secured and unopened until Friday, June 29, 2012, to provide any impacted parties additional time to seek appropriate relief. In a letter to City Clerk Willard Yamaguchi dated June 21, 2012, the Registrar declined the City Council's request. On June 27, 2012, the City Council adopted Ordinance No. 1197, which amended the Municipal Code of the City of Vernon to establish procedures by which the City Council would exercise its authority under Vernon City Charter Section 3.4. Ordinance No. 1197 provides that, "The City Council of the City of Vernon may adopt by resolution additional procedures for election contests which shall provide for fair, transparent, and expedited adjudication consistent with due process and equal protection of the law." The City Council further instructed the City Attorney to draft such a resolution for its consideration prescribing additional procedures for the adjudication of election contests. In addition, a duly noticed public hearing will be held in conjunction with the July 10, 2012 City Council meeting to provide an opportunity for public comment on the procedures set forth in the proposed resolution, which was posted in draft on the City's website on July 5, 2012. Contents of the Proposed Resolution The attached Resolution establishes the specific procedures to govern election contests in the City of Vernon, which will provide for fair, transparent, and expedited adjudication of such matters. The operative provisions of the Resolution are modeled on the California Elections Code and provide: Section 1. This section establishes that the specific procedures set forth in the Resolution shall govern all election contests filed with, and determined by, the City Council of the City of Vernon pursuant to City Charter Chapter 3.4 and Ordinance No. 1197. It also defines certain terms used in the Resolution and provides that a City Council member who is a contestant or defendant in an election contest before the City Council may not in any way participate in the deliberation, decision -making or administration of the election contest. Section 2. This section sets forth the specific grounds for election contests that may be raised by any elector of the City of Vernon. Section 3. This section sets forth the time for filing an election contest and the form of the election contest statement. Section 4. This section sets forth the duties of the City Clerk upon the filing of an election contest. Section 5. This section provides that the defendant in an election contest shall file an answer. Section 6. This section sets forth the procedure for the appointment of a neutral hearing officer to conduct the election contest, the minimum qualifications of the neutral hearing officer, and the process for challenging the continued service of the hearing officer for cause. Section 7. This section sets forth the process and rules governing the hearing on the election contest, as well as those governing the required findings and recommendation of the neutral hearing officer. Section 8. This section provides that the City Council shall receive the hearing officer's findings and recommendation at a duly noticed City Council meeting and shall retain final decision making authority pursuant to City Charter section 3.4. Authorization for City Council Action The provisions of Chapter 2 of the City Charter of the City of Vernon state that: "The city shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions in respect to municipal affairs, without limitation, which may lawfully be adopted, made, exercised, taken or enforced under the Constitution of the State of California subject only to such limitations as may be provided by this Charter." Chapter 5.3 of the City Charter of the City of Vernon provides, in part: "The city council is authorized to adopt by ordinance procedures governing municipal elections," which it has done with respect to election contests through the adoption Ordinance No. 1197. Ordinance No. 1197 expressly provides, "The City Council of the City of Vernon may adopt by resolution additional procedures for election contests which shall provide for fair, transparent, and expedited adjudication consistent with due process and equal protection of the law.,, Recommendation It is recommended that the City Council 1) introduce the proposed resolution and open the public hearing to receive comment from the public on the resolution, 2) at the close of the public hearing, adopt the proposed resolution ("RESOLUTION ADOPTING RULES AND PROCEDURES TO GOVERN ELECTION CONTESTS FILED WITH THE CITY COUNCIL PURSUANT TO VERNON CITY CHARTER SECTION 3.4") as drafted or as the Council may wish to amend the resolution after receiving the public comment, and 3) instruct the City Attorney to bring back for the City Council's consideration one or more nominees to serve as a hearing officer pursuant to Section 6 of the resolution. NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE AND TIME: Tuesday, July 10, 2012, at 3:00 p.m., or as soon thereafter as the matter may be heard. PURPOSE: To consider the adoption of a resolution establishing procedures for election contests pursuant to Ordinance No. 1197 Any interested person may attend and may make an oral presentation to the City Council at the time of the hearing, or may present written comments prior to the hearing. If you challenge the approval of the resolution or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Information may be obtained by contacting the office of the City Clerk at the above address. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice. Willard G. Yamaguchi City Clerk Published: June 28, 2012 STAFF REPORT CITY ADMINISTRATION DATE: July 12, 2012 TO: Honorable Mayor Pro Tem and City Council FROM: Mark C. Whitworth, City Administrator M W/KE RE: Resolution Correcting Typographical Error in Resolution No. 2012-116 Background On June 27, 2012, the City Council adopted Ordinance No. 1197 ("AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTER 2, ARTICLE XII OF THE VERNON CITY CODE ESTABLISHING PROCEDURES FOR ELECTION CONTESTS") to amend the Municipal Code of the City of Vernon to establish procedures by which the City Council would exercise its authority under Vernon City Charter Section 3.4. Ordinance No. 1197 provides that, "The City Council of the City of Vernon may adopt by resolution additional procedures for election contests which shall provide for fair, transparent, and expedited adjudication consistent with due process and equal protection of the law." The City Council adopted that resolution, Resolution No. 2012-116 ("A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING RULES AND PROCEDURES TO GOVERN ELECTION CONTESTS FILED WITH THE CITY COUNCIL PURSUANT TO VERNON CITY CHARTER SECTION 3.4"), at its Special Meeting on July 10, 2012. Staff discovered an inadvertent typographical error in the first sentence of Section 7(a) of Resolution No. 2012-116 wherein reference is erroneously made to "the election contest hearing provided for in Section 7 of this Resolution", instead of "the election contest hearing provided for in Section 8 of this Resolution". The attached resolution provides for the correction of the typographical error. Recommendation It is recommended that the City Council adopt the proposed resolution correcting the typographical error in Resolution No. 2012-116.