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1993 CC MIN APR 06
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1993 CC MIN APR 06
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Commissions <br />Mayor Gonzales and Councilmember Beltran announced their respective appointments <br />to various committees. Councilmember Bennett painted out that the present <br />ordinance which includes the nepotism clause does not allow appointment of Mr. <br />Prieto, Councilmember Beltran declared that we cannot abridge a citizen's inherent <br />right to serge his community. <br />City Attorney Brown advised that the proposed appointment would conflict with <br />recently adopted appointment ordinance; however, it is a matter of policy and the <br />action can be perfected by an amendment to Ordinance 0-03-93. He stated that if <br />the appointment were approved, there is no penalty for violation of the terms and <br />conditions of the ordinance. City Attorney Brown advised there is a general legal <br />precept which states that so long as Mr. Prieto is appointed to that office under color <br />of law, any action taken by him in his official capacity cannot be legally challenged. <br />He stated it was preferable to amend the ordinance to remove any cloud to this <br />appointment and to delete the nepotism ordinance in general. <br />Councilmember Bennett indicated her support of the appointment but urged that the <br />particular section be deleted from the Ordinance so as everything will be "kosher' and <br />the action will not be perceived as "bending the rules for same.` <br />Councilmember Bennett said she opposed the nepotism clause from its inception. She <br />moved to delete the qualifications for appointment section from Ordinance 0-03-93. <br />Councilmember Bios seconded the motion. <br />With e Planning Commission meeting scheduled in the near future, Councilmember <br />Beltran expressed concern that his appointment, if not approved tonight, would not <br />have the opportunity to participate in the selection of commission officers, Mayor <br />Gonzales indicated that the Planning Commission could be requested to postpone its <br />selection of officers until all appointments have been approved, Mayor Gonzales <br />spoke of the difficulty he experienced in developing his list of appointments with the <br />nepotism clause in place. <br />Councilmember Bennett's prior motion to amend Ordinance 0-03-93 carried upon <br />unanimous vote. <br />Mayor Gonzales announced the appointment of Mr. Garland "Becky" Fredrickson to <br />the Mobile Florae Bent Review Commission and the appointment of Ms. Leticia "Letty" <br />Figueroa to the CFD Commission. Motion by Councilmember Beltran, seconded by <br />Councilmember Bennett to approve the proposed candidates carried. Unanimous vote. <br />El <br />
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