Resolution No. 2012-121RESOLUTION NO. 2012-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON CORRECTING TYPOGRAPHICAL ERROR IN 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", ADOPTED ON JULY 10, 2012
WHEREAS, at its Special Meeting on July 10, 2012, the City
Council adopted Resolution 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 Of Pursuant To Vernon City Charter
Section 3.4"; and
WHEREAS, 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"; and
WHEREAS, the City Council of the City of Vernon wishes that this
typographical error in Resolution No. 2012-116 be corrected.
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: The typographical error in the first sentence of
Section 7(a) of Resolution No. 2012-116 is corrected to read: "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."
Section 3: The City Clerk shall incorporate this correction
into Resolution No. 2012-116, and all copies of Resolution 2012-116
published or distributed hereafter shall contain the corrected text to
the first sentence of Section 7(a).
SECTION 4: 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 17t° day of July, 2012.
APO , C
Wily m J. Davis
Name:
Title: r4Qf / Mayor Pro-Tem
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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. 2012-121, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, July 17, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
(SEAL)
Executed thisl day of July, 2012, at Vernon, California.
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: July 23, 2012
TO: Mark Whitworth, City Administrator/Fire Chief
FROM: Willard Yamaguchi, City Clerkt 06
RE: Resolution No. 2012-121 — A Resolution of the City Council of the City of Vernon
Correcting Typographical Error in 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",
Adopted on July 10, 2012
Transmitted herewith is a copy of Resolution No. 2012-121 referenced above, which was approved by
City Council on July 17, 2012.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Kristen Enomoto
City Council
Resolution No. 2012-121
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.
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.he.aring 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
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