2005-03-11 Letter to Constance Kiriu from Lincoln Ashida re Appointing Authority of the County Clerk

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s l fl ~ Honorable Constance Kiriu March 11, 2005 Page 3 Appointment and Removal of Executive County Officers For the executive administrative appointees, our Charter provides the following: POSITION APPOINTMENT COUNCIL REMOVAL COUNCIL APPROVAL?. APPROVAL7 Managing Director Mayor Yes Mayor No Corporation Counsel Mayor Yes Mayor Yes Finance Director Mayor Yes Mayor No Planning Director Mayor Yes Ma or No Director of Mayor Yes Mayor No Environmental Management Director of Research & Mayor Yes Mayor No Development Director of Public Mayor Yes Mayor No Works Director of Parks & Mayor Yes Mayor No Recreation Director of Data Mayor Yes Mayor No Systems Construction of the Charter A recognized general rule of construction concerning municipal charters is that all laws bearing on a subject must be read together when construing the charter. McQuillin's Municipal Corporations 3d, Section 9.22, p. 235. Statutes relating to the same subject matter will be read into the municipal charter, so as to become a part of it; (footnote omitted) and all parts of the charter will be considered together to ascertain its true meaning (footnote omitted). The Charter provides throughout its text the identity of the appointing authority for each appointed County official. In the case of the administration, the method of removal is also expressly stated. In the case of the County Clerk, Deputy County Clerk, and Legislative Auditor, the method of removal is not expressly stated. Section 13-8 of the Charter provides in pertinent part that"The council shall confirm or deny confirmation within sixty days of the appointment of any department head. If the council does not act within sixty days, the department head shall be deemed to be confirmed." 2 Section 13-8 of the Charter provides in pertinent part that"The council shall confirm or deny confirmation within sixty days of the appointment of any department head. If the council does not act within sixty days, the department head shall be deemed to be confirmed."