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3.A.

Employee Benefit Trust Board Meeting

Meeting Date:: 09/08/2021
Department Head:: Maria Munoz
Submitted By:: Maria Munoz, HR Benefits Coordinator, Human Resources Department

ITEM:

Discussion and possible action by the Mayor on any and all matters regarding nomination and recommendation to City Council to renew or appoint 5-year terms for the Trustee positions of Chair and Vice-Chair. (Kay Marion Macuil, City Attorney)
Discussion only

SUMMARY:

Background
The term for Board Chairman Gerardo Sanchez, and Vice-Chair, Emma Torres expired in March 2020. On March 13, 2019, the Trustees amended the Trust allowing for three (3) consecutive appointments as trustees.

Chairman, Gerardo Sanchez, has agreed to serve his third term (5 years) starting March 2020 and ending March 2025.

Vice-Chair, Emma Torres has not yet expressed whether she wishes to continue in the position.

Legal Parameters
A general principle of law is that a person in an appointed position may hold over past expiration until a successor is appointed. The public interest requires that public offices should be filled at all times without interruption. (See McQuillin: The Law of Municipal Corporations, Chapter 12, Article VII De Facto Officers § 12:160 (3d ed. August 2020 Update)).

Under § 3.01, The San Luis Mayor nominates trustees and recommends to the City Council individuals to serve as trustees.

Suggested action by the Mayor
Since the Mayor is also the Chair of the Trust, he may choose this item to make nominations.

RECOMMENDATION / SUGGESTED MOTION:

MAYOR'S NOMINATION AND RECOMMENDATION TO CITY COUNCIL

(1)
I NOMINATE AND RECOMMEND TO CITY COUNCIL TRUSTEE TERM RENEWAL FOR CHAIRMAN, GERARDO SANCHEZ.

(2)
I NOMINATE AND RECOMMEND TO CITY COUNCIL TRUSTEE TERM RENEWAL FOR VICE-CHAIR, EMMA TORRES.
OR
I NOMINATE AND RECOMMEND TO CITY COUNCIL TRUSTEE APPOINTMENT FOR VICE-CHAIR,__________________.

Fiscal Impact

Fiscal Impact:

N/A

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