HomeMy WebLinkAboutSPCC Minutes 1984-10-09SRCC MINUTES (Spe L1) 10/9/84 Page 1
In Conference Room 201 of the City of San Rafael, October 9, 1984 at 5:00 PM
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary L. Frugoli, Councilmember
Richard Nave, Councilmember
Jerry Russom, Councilmember
Absent: None
Also Present: Robert F. Beyer, City Manager; Stewart R. Andrew, Assistant
City Attorney; Jeanne M. Leoncini, City Clerk
TO DISCUSS VACANCY IN THE OFFICE OF THE CITY ATTORNEY - File 9-3-16 x 9-4
City Manager's staff report indicated the purpose of the special meeting
is to consider the Resolution declaring that the Office of City Attorney
for the City of San Rafael is vacant, due to the tragic accident involving
Peter J. Muzio on the slopes of Mt. Shasta on or about September 29. 1984.
Due to this event, including the Sheriff Department's report, there is over-
whelming evidence to the conclusion that Mr. Muzio died in that fall.
City Manager Robert Beyer reported that Assistant City Attorney Stewart
Andrew had submitted his opinion indicating the basis upon which the
Council is recommended to act on the issue of the vacancy of the City
Attorney's office due to the accident concerning City Attorney Peter Muzio.
Also, that a Resolution has been prepared for the Council's consideration
to have recorded that the office of City Attorney was vacant as of
September 29, 1984. City Manager Beyer continued to explain the two
options available for consideration in fillip the vacancy; appointment by
the Council or Council to call a special elec ion.
Mayor Mulryan indicated that the options were clear and suggested that the
Council act to appoint someone.
Councilmember Breiner questioned in this type of situation, if the
Council appoints a successor, is there the flexibility of appointing
someone who is not a resident of San Rafael.
City Manager Beyer responded that because the office of City Attorney is
an elected position, the person appointed must be a resident of the City.
The Charter provides for this requirement.
Councilmember Frugoli asked if a police report was needed and Assistant
City Attorney Andrew indicated that the Sheriff's report submitted made it
clear that a vacancy has occurred.
Mayor Mulryan explained that Mrs. Muzio had been informed of what would
be taking place.
City Manager Beyer also stated that he has been in constant contact with
Mr. Muzio's law firm, working closely with Mr. Lynch concerning what was
taking place and had invited the Muzio family to attend the meeting.
Councilmember Nave moved and Councilmember Frugoli seconded, to adopt
a Resolution declaring the office of City Attorney vacant effective
September 29, 1984.
RESOLUTION NO. 6938 - RESOLUTION DECLARING THE OFFICE OF CITY ATTORNEY
OF SAN RAFAEL VACANT EFFECTIVE SEPTEMBER 29, 1984.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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Councilmember Breiner moved and Councilmember Nave seconded, that the
Council fill the vacancy by appointment.
AYES: COUNCILMEMBERS: Breinger, Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
City Manager Beyer mentioned that there is a two week time period to set
up interviews after applications are received. After interviews by
the Council a meeting will be held on November 19 to make a decision.
Councilmember Russom mentioned that the applicants should give as much
information as possible and suggested that an in-depth application be
submitted with a resume attached.
City Manager Beyer had prepared such an application for the Council's
information and their input. Council was reminded also that this
appointment is for approximately a year only until the next General
Municipal election which will be held on November 5, 1985.
There being no further business the meeting was adjourned.
J M. IE�CAI, City 'Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Special) 10/9/84 Page 2