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Board of Trustees Meeting April 8, 2008 |
Agenda Item: Information
Update on contacts with City of
Background:
As the District’s General
Counsel, I have provided the Board several times in the past with my opinion
about limitations on the power of a city or the county to remove an appointed
trustee during a term of office except in the case of misconduct or other
events listed in the Government Code.
The attached memorandum prepared by Kathy Jenson of Rutan & Tucker
for this District was distributed to the Board on March 20, 2008 and evaluates
this issue in particular relation to the City of
Ms. Jenson advised me that she has discussed her memo and analysis with Indio City Attorney Edward Kotkin and suggested several ways to resolve any dispute without incurring the costs of litigation – including the suggestion that the parties request an opinion from the California Attorney General’s Office. I am aware that other mosquito and vector control districts throughout the state have dealt with this issue at various times and agree with the opinion shared by myself and Ms. Jenson. Other districts would also benefit from a formal Attorney General opinion and analysis of this issue.
The City of
Staff Recommendation:
For information only and to
agendize for future discussion. Or
agendize this item for discussion in open or closed session as appropriate,
depending upon action taken by the City of
Fiscal Impact:
Unknown