HomeMy WebLinkAboutResolution - 99-23 Clay-13-99 03:llam From-RUTAN i TUCKER LLP, + T-265 P.03/04 F-508
RESOLD '1TON NO- 99-23
A RFSOLUIION OF 11iB CITY COUNCII OF THE CITY OF
SAN JACINTO, CALIPORNIA, WIAFFI11IING AND
RATIFYING THE APPOR47W TS OF L. NUCHAF.L
HANAVAN AS CHIEF OF POLICE AND AS CITY MANAGER
WHEREAS, on December' 11, 1997, interim Chief of Police L. Michael Hanavan was
appointed to the position of Chief of Police of the City of San Jacinto; and
WMEREA.S, on April 9, 1998, the City Council appointed L. Michael Hanavan to the
additional office of City Manager and approved a contract for Said services; and
WHFWF.AS, on November 12, 1998, a lawsuit was filed by Councilmembers Pat
Williams and Jim Connor oral resident Francis Boykin, contaxding that the office of Chief of
Police and City Manager were incompatible under the common law doctrine of incompatibility
of offices, and seeking to have the court doclare an incompatibility and remove Hauavan from
the office of Chief of Police; and
WHEREAS, on November 5, 1998, the City Council adapted Ordinance No_ 1059,
abrogating the common law rule of incompatibility with regard to the co-occupancy of certain
offices within the City of San Jacinto, and authorizing the co-occupancy of Certain offices in the
City of San Jacinto, and specifically the offices of City Manager and Chief of Police, in order
to achieve significant savings to the City of San Jacinto; and
WHEREAS, the miywal appointments of L. Michael 1lamvan m the offices of City
Manager and Chief of Police occu red prior to the enactment of Ordinance No_ 1059; and
WHEREAS, the City Council wishes to rcwlve any legal technicalities in order to ead
the urmccessary legal pnxiWings to which the City is subject, and wishes to reaffistu and ratify
the appointments of L. Michael Hanavan as City Manager and Chief of Police in order to render
said litigation moor.
NOW, 1WERIFF[)RE, THE CITY COUNCIL OF THE CM OF SAN JACINTO DOES
HP.RF3BY RESOLVE that the appoirtmertta of L. Michael Hanavan as City Manager and Chief
of Police are hereby reaff`trtned and ratified; that said appointments shall be deemed to be
consistent with the will and intention of the City Council existing since the time the appointments
were originally made; and that these appointments shall be deemed retroactive to April 9, 1998
and Dmember 11, 1997, mspwively. The authority of L. Michael HAnavan to act in the
capacity of both City Manager and Chief of Police is hereby reaffirmed and ratified, and any
actions taken during such time until tl>< premat are deemed to be official and proper actions of
the City Manager and Chief of Police, respectively, as they may be so represented.
276,01327€OWIA243094 1 LnMJI ll`N -l- RPSOCl]'j�ON fiU
Clay-13-99 03:12pm From-RUTAN L TUCKER LLP, + T-205 P 04/04 F-500
PASSED, APPROVED, and ADOPTED this 20th day of May, 1999_
Debbie COMM, Mayor
A 7YF,.S T- f
Pamela L. Lee, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVFRSIDP ) ss_
CITY OF SAN IACrNTO )
1, PAM)?IA L- LF-F-, City Clerk of the City of San Tacinto, do hemby Certify that the
foregoing Resolution No. 99-23 was duly iniraduced on the lath day of May ,
19a, and adopted by the Pity Council of the City of San laciuto w a regular meeting held on
the - 20th of - May __, 1999, and that the same was adopted by the following vote:
AYFS: Council !"embers Good, Smedley and Mayor Cornett
NOES: Council Members Conner and Vlilliams 1
ABSENT:None
ABSTAIN: None
Pamela L. Lee. City Clerk
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