 |
AGENDA ITEM REVIEW FORM |
5.C.
Special City Council Meeting
- Meeting Date:
- 02/07/2024
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
Discussion and possible action for the removal and appointment of a Trustee for the City of San Luis Employee Benefit Trust. (Jenny Torres, Acting City Manager and Executive Advisor to the Trust)
SUMMARY:
This item is for the City Council to consider removing Tadeo Azael De La Hoya as a Trustee from the City of San Luis Employee Benefit Trust and designating a replacement Trustee.
The Declaration of Trust for the Employee Benefit Trust ("Declaration of Trust") describes how to remove and designate Trustees.
The removal is by a majority vote of the City Council. The Declaration of Trust, Section 4.01 states in pertinent part: "The term of any Trustee shall automatically terminate upon the earliest of the following: death; resignation; removal of a Trustee by a majority vote of the City Council[.]"
The designation of a replacement Trustee is by the City Council upon the recommendations of the Mayor. The Declaration of Trust, Section 4.01 states in pertinent part: "In the event of the death, resignation, or removal of an appointed Trustee, the City Council shall designate a successor to such Trustee from recommendations from the Mayor[.]"
Under the Declaration of Trust, Section 3.02, "The Trustees shall consist of five (5) persons, consisting of no more than one (1) member of the City Council and no more than (1) Employee of the City." The current Board consists of Tadeo Azael De La Hoya (Council Member), Maria Sabori (an Employee), and the community members Emma Torres, Maria Gonzalez, and Gustavo MacGrew.
The Declaration of Trust for the Employee Benefit Trust ("Declaration of Trust") describes how to remove and designate Trustees.
The removal is by a majority vote of the City Council. The Declaration of Trust, Section 4.01 states in pertinent part: "The term of any Trustee shall automatically terminate upon the earliest of the following: death; resignation; removal of a Trustee by a majority vote of the City Council[.]"
The designation of a replacement Trustee is by the City Council upon the recommendations of the Mayor. The Declaration of Trust, Section 4.01 states in pertinent part: "In the event of the death, resignation, or removal of an appointed Trustee, the City Council shall designate a successor to such Trustee from recommendations from the Mayor[.]"
Under the Declaration of Trust, Section 3.02, "The Trustees shall consist of five (5) persons, consisting of no more than one (1) member of the City Council and no more than (1) Employee of the City." The current Board consists of Tadeo Azael De La Hoya (Council Member), Maria Sabori (an Employee), and the community members Emma Torres, Maria Gonzalez, and Gustavo MacGrew.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO REMOVE TADEO AZAEL DE LA HOYA AS TRUSTEE FROM THE SAN LUIS EMPLOYEE BENEFITS TRUST.
I MOVE TO APPOINT ______________________ AS TRUSTEE FOR THE SAN LUIS EMPLOYEE BENEFITS TRUST.
I MOVE TO APPOINT ______________________ AS TRUSTEE FOR THE SAN LUIS EMPLOYEE BENEFITS TRUST.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
There is no fiscal impact associated with this item. Under the Declaration of Trust, Section 3.09, "The Trustees shall receive no compensation for their services except for reimbursement of actual reasonable expenses incurred."