CC - Item 1C - Discussion and Direction Relating to Council Member Ly's Seat While on Active Military DutyROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER z�
DATE: JULY 12, 2022
SUBJECT: DISCUSSION AND DIRECTION RELATING TO COUNCIL MEMBER
LY'S SEAT WHILE ON ACTIVE MILITARY DUTY
On October 2, 2021, Council Member Steven Ly was ordered by the United States Army
Reserve to report to active duty for 400 days. As of the certification of the City of Rosemead's
General Municipal Election of June 7, 2022, Mr. Ly was re-elected to serve on the City Council
for a new four-year term. While he continues to be on active military leave, the City Council is
asked to discuss and/or provide direction in considering whether to make an appointment to fill
Council Member Ly's seat.
STAFF RECOMMENDATION
That the City Council discuss and provide direction on whether to make an appointment
to Council Member Ly's seat, during his continued military leave.
2. If the Council determines to make an appointment, that the Council vote to make an
appointment.
BACKGROUND
On October 2, 2021, Council Member Steven Ly was ordered by the United States Army
Reserve to report to active duty. Prior extended leave of absence in December 2013, July 2014,
and 2015, the City Council accepted his order to active duty and determined that his seat was not
"vacant" during the period of his active military service, pursuant to California Military and
Veterans Code § 395.8. Upon Mr. Ly's return from active duty, he shall be reinstated to his
elected position for the remainder of his unexpired term.
FISCAL IMPACT - None
PUBLIC NOTICE PROCESS
AGENDA ITEM LC
City Council Meeting
July 12, 2022
Page 2 of 2
This item has been noticed through the regular agenda notification process.
Prepared by:
Ericka Hernandez, City Clerk
Attachment A: City Council Staff Report Dated September 28, 2021
Attachment A
City Council Staff Report
Dated September 28, 2021
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER
DATE: SEPTEMBER 28, 2021
SUBJECT: ACTIVE MILITARY DUTY LEAVE FOR COUNCIL MEMBER LY
DISCUSSION AND CONSIDERATION OF TEMPORARY
APPOINTMENT
SUMMARY
Council Member Steven Ly has been ordered by the United States Army Reserve to report to
active duty, on October 2, 2021. Just as with prior extended leave of absences in December 2013,
July 2014, and 2015, Council Member Ly's absence requires the City Council to accept his order
to active duty and determine that his seat is not "vacant" during the period of his active military
service, pursuant to California Military and Veterans Code § 395.8. At the same time, during the
month of October, Council Member Ly will be able to teleconference to the October 12a' and
261", Council Meetings. Appointment proceedings, if the Council decides to appoint, would not
start until November 1, 2021. This item has been placed on the agenda to provide the City
Council the opportunity to discuss and provide direction.
California Military and Veterans Code Section §395.8 provides that when an elected officer (i.e.
city council member) leaves the service of any city in order to enter upon active service with the
armed forces of the United States, the seat shall not be considered to be vacant. That Code
section further states that "the legislative body ... may appoint an officer to temporarily replace
any such officer so absenting himself to enter upon active service with the armed forces. Such
temporary officers shall have all of the powers and duties of the office to which he may be
temporarily appointed and shall hold said office until the expiration of the term thereof or until
the officer returns from service with the armed forces, whichever event first occurs."
During Council Member Ly's military service in 2015, his position on the City Council was
temporarily filled by longtime Traffic Commissioner Jean Hall by action of the City Council.
Council Member Ly is requesting that longtime Planning Commissioner, John Tang receive a
temporary appointment to fill his seat on the City Council during his active military duty leave.
The procedural options available to the City Council include, but are not limited to, the
following:
AGENDA ITEM 6.A
City Council Meeting
September 28, 2021
Page 2 of 2
1. The Council could accept Council Member Ly's recommendation and appoint John Tang
on a temporary basis to fill his Council seat after November 1, 2021; or
2. The Council could receive applications during an open application period, interview all
eligible candidates subject to the Brown Act, and make temporary appointment from
those candidates: or
3. The Council could take no action to make an appointment and leave the Council seat
vacant during the military leave.
If the City Council takes the action to appoint John Tang to the City Council on a temporary
basis, it would be appropriate to administer the Oath of Office following the appointment.
Further, upon appointment to the City Council, Mr. Tang's position on the Planning Commission
will be temporarily vacated until he completes the City Council service. After which time, he
will return to his position on the Planning Commission.
STAFF RECOMMENDATION
That the City Council take the following actions:
1. Accept Council Member Ly's military leave and declare his seat not "vacant" during the
period of his active military service pursuant to California Military and Veterans Code §
395.8; and
2. Accept Council Member Ly's recommendation and appoint John Tang to serve on the
City Council during his absence during active military service beginning November 1,
2021; or
3. Provide further direction.
FISCAL IMPACT
The City's costs for compensation related to the subject City Council seat are fully budgeted in
the FY 2021-2022 Budget.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Ericka Herrdndez, City Clerk
Attachment A: Council Member Ly's Order Letter
Attachment B: City Council Staff Report Dated July 14, 2015 and December 10, 2013
Attachment A
Council Member Ly's Order Letter
DEPARTMENT OF THE ARMY
416th THEATER ENGINEER COMMAND
10 S 100 SOUTH FRONTAGE ROAD
DARIEN, ILLINOIS 60561-1780
ORDERS: UM
#00.1 Tyllym
nuJiMEAD, CA_5M0
You are ordered to active duty as
indicated unless sooner released
sufficient time to report by the
unit home station.
Report To Home Station: 0386 EN
89054
Report on: 02 October 2021
Report To Mobilization Station:
Report on: 05 October 2021
Period of active duty: 400 days
Puroo4e: Activation in support
Moollization caLegory code: V
16 April 2021
CPT
0386 EN CO CLEARANCE COMPA (WZ4ZAA)
a member of your Reserve Component Unit for the period
or unless extended. Proceed from your current location in
date specified. You enter active duty upon reporting to
CO CLEARANCE COMPA (WZ4ZAA),
of OPERATION ENDURING FREEDOM (SPARTAN SHIELD)
NV
Additional instructions:
(a) Sure pay is mandatory. Soldier must bring the appropriate documentation to support the
requirement to authorize sure pay to the bank.
(b) Early reporting is not authorized. -
(c) Unaccompanied baggage shipment is not authorized.
(d) Movement of household goods and dependents is not authorized.
(e) Travel will be paid for one time travel from home duty station to mob station and back
and includes travel and per diem from home station/mobilization station or duty
location and return to home station as well as non -temporary storage. Individual
Soldiers whose duty station is different from the mob station will receive funding for
one time travel and return from mob station to the duty station. Govt. transportation
will be provided from home of record to assigned MOB station and/or duty location. POV
as transportation under JFTR, Para U3310 as not being more advantageous to the Govt.
This means total payment of travel will not exceed the Govt cost had the Govt procured
transportation been used between the ordered points. In and around mileage is not
authorized.
(f) Rental car is not authorized.
(g) Special Storage of HHG/POV may be authorized IAW Para U4770
(h) Excess accompanied baggage is not to exceed 120 pounds.
(i) Bring with you complete military clothing bag and appropriate personal items.
(j) Soldier will handcarry (if available) complete MPRJ, health and dental, training, and
clothing records.
(k) Dependents (Family Members) of Reserve Component (Army Reserve and National Guard)
Soldiers ordered to active duty for more than 30 -days are eligible for the same
benefits (e.g., medical care, TRICARE, commissary/exchange benefits, legal assistance,
use of morale, welfare and recreation facilities, etc;) as dependents of regular Army
Soldiers (but excluding dental, which requires orders to active duty for over 180 -
days). It is a Soldier responsibility to ensure dependents are issued DD Form 1172,
Active Duty dependent ID cards. To locate the nearest ID card facility near your home
visit web site www.dmdc.osd/rsl (Rapids site locator by state, city, zip code).
Dependents are also eligible to use Army one Source, which is a 24-hour resource
service (from the US: 1-800-464-8107; En Espanola, llama al 1-888-375-5971 and collect
calls (1-484-530-5889) available at no cost.
(1) Bring copies of family care plan, wills, powers of attorney, and any other
documentation affecting the soldiers pay or status.
(m) Personnel requiring eye correction will bring two pairs of eyeglasses and eye inserts
for a protective mask.
(n) Government lodging is provided at no cost to the Soldier. Dining facilities will be
used at the replacement activity, mobilization and demobilization sites and during
deployment. Essential Unit Messing (EUM) has been declared by Assistance Secretary of
the Army (Manpower and Reserve Affairs) ASA(M&RA) for the mobilization and
demobilization sites. Per diem payable is $5.00 IE per day for CONUS and $3.50 IE per
day for OCONUS for this period of active duty. BAS payroll deduction will be made by
DFAS-IN while the Soldier is on EUM status.
(o) Call 1-800-336-4590 (National committee for Employer Support of the Guard and Reserve)
Page 1
• T11is is an official order generated in DAMPS-OCOTCS
VKUtKS: UM -106-0032 416TH TEC 16 April 2021
or check online at www.esgr.org if you have questions regarding your
employment/reemployment rights.
(p) Your family members may be eligible for TRICARE (military health care) benefits. For
details go to web address http://www.tricare.mil or email TRICARE help@amedd.army.mil. t
(q) In an effort to share information between soldiers, employers and he Department of
Defense on their rights, benefits and obligations, mobilized USAR soldiers are strongly
encouraged to provide employer information at
https://www.dmdc.osd.mil/udpdri/owa/rc.home.
(r) If upon reporting for active duty you fail to meet deployment medical standards
(whether because of a temporary or permanent medical condition), then you may be
released from active duty, returned to your prior reserve status, and returned to your
home address, subject to a subsequent order to active duty upon resolution of the
disqualifying medical condition. If, upon reporting for active duty, you are found to
satisfy medical deployment standards, then you will continue on active duty for a
period not to exceed the period specified in this order, such period to include the
period (not to exceed 25 days) required for mobilization processing.
(s) You have been ordered to active duty in a TCS status. (subsequent orders, amendments
and revocations may be downloaded from
https://mobcop.army.mil/ORDERS/UI/Security/Login.aspx).
(t) Soldier must check with the supporting installation housing office before securing
temporary lodging at the duty location and obtain a 1351-5 authorizing the appropriate
entitlements for lodging and M&IE. With a SNA, the Soldier is authorized per diem IAW
the JTR.
(u) RC Soldiers must return to demob site to REFRAD IAW current BOG policy or NLT 39 days
prior to end of Mobilization/Activation/TCS Orders in order to out process and take
authorized leave. Demobilization of unit(s) is/are prohibited without approval of
HQDA. Individual members of the unit will demobilize with the unit unless provisions of
AR 600-8-24 or AR 635-200 apply. UICs will demobilize where it mobilizes, unless
diverted per First Army.
FOR ARMY USE
AUTHORITY: Title 10 USC, Section 12302, DA Order 258221 dated 081329ZApr2l/1A-21-098-042
date 08 April 2021
Accounting classification:
OFF PAY/ALW: 21 2/3/4 2010.0000 01-1100 1AI00000 ll**/12** PAMP 01FFOS S12120
TVL/PD: 21 2 2020.0000 6I-6ITC 12101220 21T1/21T2 RABZT9 BZT9RA 012161
The above LOA or statement is a FY22 LOA. Funds are available upon the U.S. Congress
Enacting FY21 Defense Appropriation. Funding is authorized only for the fiscal year
indicated on this order. Amendments will be required for subsequent fiscal years. Soldiers
and authorized Army officials must sign into https://mobcop.aoc.army.pentagon.mil and enter
the DAMPS Orders system to retrieve copies of orders/amendments.
SDN:
Sex: M
MDC:
PMOS/AOC/ASI/LIC: 12A//6P/
HOR: EMEAD
DOR:
PEBD:7 —
Security Clearance:
Comp: USAR
Format: 165
FOR THE COMMANDER:
* OFFICIAL
* 416TH TEC
HEIDI B. FOUTY
COL
DCS, G1
DISTRIBUTION:
1- Cdr, WZ4ZAA, 038 N CO CLEARANCE COMPA, SLOAN
Page 2
• This is an official order generated in DAMPS-OCOTCS
Attachment B
City Council Staff Report Dated July 14, 2015 and
December 10, 2013
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: JEFF ALLRED, CITY MANAGER
DATE: JULY 14, 2015
SUBJECT: ACTIVE DUTY. MILITARY LEAVE FOR COUNCIL MEMBER LY; AND
CONSIDERATION OF TEMPORARY APPOINTMENT OF JEAN HALL
TO THE CITY COUNCIL
SUMMARY
Council Member Steven Ly has been ordered by the United States Army Reserve to
report to active duty for training effective on July 13, 2015, for a period of 144 days.
Prior to reporting for active military duty, Council Member Ly recommended that the City
Council appoint Traffic Commissioner Jean Hall to serve in his place on the City Council
during his absence. In response, Ms..Hall has expressed a willingness to serve in this
temporary. capacity. At this meeting, the City Council will consider the appointment of
Jean Hall to serve on the City Council on a temporary basis until Council Member
Steven Ly returns from active military duty in December.
RECOMMENDATION
Council Member Steven Ly has recommended that the City Council appoint Jean Hall to
serve on the City Council during his absence due to active military service in the United
States Army Reserve.
BACKGROUND
California Military and Veterans Code Section 395.8 provides that when an elected
officer (i.e. city council member) leaves the service of any city in order to enter upon
active service with the armed forces of the United States, the seat shall not be
considered to be vacant. That Code section further states that "the legislative body...
may appoint an officer to temporarily replace any such officer so absenting himself to
enter upon active service with the armed forces. Such temporary officers shall have all
of the powers and duties of the office to which he may be temporarily appointed and
shall hold said office until the expiration of the term thereof or until the officer returns
from service with the armed forces, whichever event first occurs."
Council Member Ly is an officer in the United States Army Reserve having completed
basic and officer training courses during the first half of 2014. During his 2014 military
service, his position on the City Council was temporarily filled by longtime Traffic
City Council Meeting
July 14, 2015
Military Leave and Temporary City Council Appointment
Page 2 of 2
Commissioner Jean Hall by action of the City Council.
Council Member Ly has, once again, requested that Traffic Commissioner Jean Hall
receive a temporary appointment to fill his seat on the City Council during his active
duty military leave to attend further U.S. Army officer Reserve training in Missouri. It is
Council Member Ly's intent to return to his Council seat upon the conclusion of his
active military duty. In response to Council Member Ly's request, Jean Hall has
expressed her willingness to serve in this capacity on a temporary basis.
Similar to the prior consideration of this matter in 2014, the City Council has the right,
but not the obligation, to appoint an interim replacement during the active military duty
leave. The procedural options available to the City Council include, but are not limited
to, the following:
The Council could accept Council Member Ly's recommendation and
immediately appoint Jean Hall on a temporary basis to fill his Council seat; or
2. The Council could receive applications during an open application period,
interview all eligible candidates subject to the Brown Act, and make a temporary
appointment from those candidates; or
3. The Council could take no action to make an appointment and leave the Council
seat vacant during the military leave.
If the City Council takes action to appoint Jean Hall to the City Council on a temporary
basis, it would be appropriate to administer the Oath of Office to hear following the
appointment. Further, upon appointment to the City Council, Ms. Hall's position on the
Traffic Commission will be temporarily vacated until she completes her City Council
service. After which time, she will return to her position on the Traffic Commission.
FISCAL IMPACT
The City's costs for compensation related to the subject City Council seat are fully
budgeted. Accordingly, there is no projected budget impact as a direct result of Council
Member Ly's military leave or Jean Hall's appointment to that City Council seat. For
further discussion on compensation and cost matters, please refer to the attached staff
reports to the City Council dated December 10, 2013, and January 14, 2014, when
similar matters were considered by the City Council for the first time.
Attachments
ti M f q
_. ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
Aw
FROM: JEFF ALLRED, CITY RACHEL R CHMAN, MANAGER TY AATTORNEY FVI
DATE: DECEMBER 10, 2013
IONS SUBJECT: OO SIDERILMEMB TION F Y BEG{NNiNGRELAOPT�ONG TO THE N DECEMBER 31VE 0, 2013TARY DUTY
DISCUSSION AND POSSIBLE ACTION RELATING TO THE STATUS OF
ACTIVE DUTY INCLUDING BUT
COUCILMEMBFR LY'S SEAT WHILE ON
NOT LIMITED TO pOSSI6 E APPOINTMENT PROCESS FOR AN INTERIM
COUNCILMEMBER
SU�IIA A--RY
for training starting on December 30, 2013. (Attachment A) In response to the
Councilmember Steven Ly has been ordered by the Untied States Army Reserve to report o
active duty aced on the December 101h City.
Army s Order, dated DecemberCao nc I conshder �a d action.
Council Agenda to permit appropriate
BACKr"~'In that capacity, Mr. Ly is
Counciimember Ly has joined the United States Army (UND Reserve).
courses• His training has been ordered begin o
required to complete certain training o
wmately 24 013, ICoun Councilmember MoLy req estsdhis
December 30th and will conttnue for Dumber 2,
the City Council and City staff,
ated
As
Council seat be filled by the interim appointment of Jean Hell during his militarCommission
y leave.
endarlong timedcommunityl member. MreLY states that he feels that Ms Hall ;urrsay on the and he have a
similar vision a to the direction of the City. He also states his intent to return to his Council
seat upon the conclusion of active duty. (Attachment B)
Councilmember Ly's order to active duty involves both legal and practical questions including
Councilmember Lto y's rights regarding his Council position and salary and benefdo what e
white on
Council is permitted to do as it relates to his absent seat on the Council and its possible options.
active duty and his rights to his seat upon his return. The other issues relate
ITEM NO. L
City Council Meeting
Decernber 10, 2013
Pepe 2 of 4
ANALYSIS
Status of Councilmember Lye Seat While on Active Duty
Califomia Government Code §36513 provides the general rule for addressing Council
vacancies. That section provides: 'if a city counciimember is absent without permission from all
regular city council meetings for 60 days consecutively from the last regular meeting he or she
attended, his or her office becomes vacant and shall be filled as any other vacancy" (Emphasis
added.) In the present case though, there is an exception to the vacancy rules that applies to
those councilmembers that are called to serve our Country for ate• Such absences are -
red nallmnii,
California Military and Veterans Code §395.8 applies to "any officer, elective or otherwise, who
leaves or shall have left the service of any city in order to enter upon active service with the
armed forces of the United States! Further, the Military and Veterans Code provides that when
a counctimember is absent due to military service, the seat shall not be considered vacant. The
council may, however, temporarily appoint a oounciimember in the absence of the elected
official. The temporary replacement has the same powers and dudes as the elected official.
Section 395.8 in relevant part provides:
'The office from which such officer absents himself to enter upon active service
with the armed forces shall not be considered to be vacant but the legislattl
-M... M
temporadly replace anv such officer so absenting himself to enter upon active
service with the armed forces. Such temporary officers shall have all of the
powers and duties of the office to which he may be temporarily appointed and
shall hold said office until the expiration of the term thereof or until the officer
returns from service with the armed fords, whichever event first occurs.'
(Emphasis added.)
Therefore, because Councilmember Ly is absent due to military service, the Council cannot
treat his absence as a vacencyand upon Counciimember Ly's return; he shall be reinstated to
his elected position for any of his unexpired term. The Council maintains discretion, however, to
appoint a temporary replacement
CouncilmemberLy's Salary and Benefits during Active MUltary Leave
There are both Federal and State law protections which address the salary and benefit rights of
those on military leave. The Uniformed Services Employment and Reemployment Rights Act of
1994 ("USERRA") is the federal law that establishes certain rights and benefits for employees
who are performing military service. Although USERRA does not spectficaily speak to elected
officials, the protections and policy behind USERRA would appear to Include councilmembers.
Undoneewould receive if onlra fudough lor9a leave of entitled
absence. In addition under thelCal carnia
City Council Meellng
December 10, 2013
Page 3 of 4
Military and veterans Code, Coundimember Ly is entitled to 30 days of continued salary and
benefits after commencing active military duty.
Coundlmember Ly has Indicated that he does not require City health care benefits during his
military service period. He will be entitled to 30 days of salary. Lastly, upon his return, he will
also be permitted to receive all benefits that he currently is receiving as a sifting Counbilmember
as allowed by law.
Council Options for Coundlmember Ly's Seat during His Active Duty
As discussed, the Council has the right, but not the obligation, as the City's legislative body, to
appoint an interim replacement. If the Council elects to move forward on appointing an interim
replacement for Coundlmember Ly, the Council may consider the following procedural options,
as well as any other procedural options that the Council may develop and approve:
1. Council could appoint a Council subcommittee to search, and make recommendations
for an appointment; or
2. Council could' receive applications during an open application period, interview all
eligible candidates subject to the Brown Act, and make an appointment from those candidates;
or
3. Council could consider the recommendation of Counciimember Ly to appoint Jean Hall;
or
4 Council could take no action to initiate a process for appointment
Again, the Council may In Its discretion elect to choose one of these options, a combination of
these options, another procedure or method suggested by the Council.
FISCAL IMPACT
The City contribution for Coundlmember Lys salary and benefits is fully budgeted. Accordingly,
there is no projected budget impact as a direct result of Councilmember Ly's military leave.
Further there will be savings due to the non-payment of salary to.Councilmember Ly after 30
days as well as the savings from his waiver of health benefits for the term of his active duty.
In the event the Council elects to appoint an interim replacement for Coundlmember Ly's seat,
the Individual in .that office would be entitled to salary and certain benefits while serving as an
interim Coundlmember., There could be an additional budgetary cost if the Interim
Coundlmember elects to enroll in medical, dental and vision coverage through the City or if the
appointee is a member of the Public Employees' Retirement System (PERS). Therefore the
savings described above would not necessarily occur.
City Council Meedin
Decm* r 10, 2013
Page 4 of 4
RECOMMENDATIONS
1. City Council vote• to formally accept Councllmember Ly's December 1, 2013 Order to
Active Duty commencing on December 30, 2013 and determine that Councilmember Ly's seat is
not 'vacant" during the period of his active military service, pursuant to Califomia Military and
Veterans Code §395.8 and that Counctimember Ly is entitled to the legal rights set out in
California Military and Veterans Code §395.8 and USERRA where applicable.
2. The City Council make a determination as to whether to appoint an interim replacement
to Councilmember Ly's seat.
3. K the City Council decides not to appoint an Interim replacement for Councilmember Ly
at this time, no further action is required of the Council. Consideration of an appointment could
still be made at a later time during the term of Councilmember Ly's military service.
4. If the City Council decides to appoint an Interim replacement for Councilmember Ly, then
the recommended action is for the Council to direct staff as to the appointment process it
desires and permit final consideration of an appointment at a future Council meeting consistent
with Council's process direction. The Council is not making a decision as to an actual
appointment but only as to what the appointment process will be for consideration and possible
action at an upcoming meeting.
Prepared by:
Rachel H. Richman, City Attorney
Attachments
Attachment A -- Councilmember Ly's Notice of Active Military Duty
Attachment B — Letter from Councilmember Ly regarding military leave and recommendation for
appointment of Jean Hall
DEPARTMENT OF THE ARMY
LONG BEACH RECRIMWG COMPANY
NO PIE AVENUE, BURN J7
LONG BEACH, CA MW
xaLrm
ATrDmmar
RCW-LA-6F3
MEMORANDUM FOR RECORD
SUBJECT: Employment Verification for Steven Ly
December 1, 2013
1. The purpose of this memorandum is to document that Steven Ly is a member of the United
States Army Reserve.
2. Steven Ly will be ordered to active duty by the Army Reserve on December 30, 7013 in order
to complete mandatory initial entry training. Steven should be m training for approximately 24
wee]® unless there are unforeseen circamstauceS.
3. The point of contact is the undersigned at 562-983-3104 (office) or vietor.Bhen@ua.armYMff-
s�
VICTOR STEN
CPT, FI.
C(Humanding
MAYOF: City of oZ9sema^
POLY EOW �.//
MAYOR PRO TIM!
WIL1.1M AL%WW 6535 R VALLRy aOULRVARD P.O BOX 399
ROSaMeAO. cAL PORNiA 91779
COUNCIL MaMBaRS1 Tp,1RPLoNa (626) 569-2199
SMDRnAu®r1'h PAX (626) 307-9218
M,VWAW CIMK
S78Ya7LY
Mayor Polly low
city of Rosemead
ggn-E Valley Blvd.
Rosemead, CA 91770
December 2, 2013
Dear Mayor Low,
As you may know, I made the decision a while back to Join the United States Army (Reserve). As
part of joining the service, I am required to complete certain trainings, Two of the trainings will
begin back-to-back on December 30th and their completion set for the end of May tentatively.
During this time, I will be physically out of the state and will be without phone or internet
access. Due to these limitations, I will be unable to fully exercise my duties as a Councilman of
the city of Rosemead, requiring me to exercise sections 1690 and 1691 of the California Military
and Veterans Code, which states:
1690. Any elected officer of the State who Is called to serve with the armed forces of
the United States has a right to return to and to re -eller upon his office after the
termination of his active service with the armed forces if the term for which he Is
elected has not expired.
1691. Upon his return and re-entry or his return to the office he shall have all of the
rights and privileges in, connected with, or arising out of, the office which he would
have enjoyed if he had not been absent.
During my absence, the council will be operating with four members, instead of the usual five.
As matters and work of the people are important to our city, I hope the council will choose to
fill my vacancy temporarily as allowed by state law in section 1692 of the California Military and
Veterans Code:
1692. Any vacancy created by such absence may be filled by a temporary appointment,
as provided by law, for a tern not to extend beyond the time of the return and re-entry
to the office by such absent person or beyond the tern for which he is elected.
It is my recommendation that the council appoint Jean Hall to serve in my place during my
absence. Ms. Hall is a long-time resident of Rosemead who has raised her family here since
before the city's incorporation • She is also a strong community leader, working with vital
Rosemead organizations such as the Dinsmoor Heritage House and Museum and the Rosemead
Chamber of Commerce. She also has policy development experience, serving as a commissioner
on ourTrafflc commission, including a couple of stints as the Chair, I also find Ms. Hall to be a
deliberative, inclusive, and warm person who matches my vision and the vision of my
colleagues as to the direction of our city.
I hope to return to my duty to the city as soon as I can and during my absence I will keep the
city in my prayers and wish you all much success.
Respectfully,
Ste
CC
William Alarcon, Mayor Pro Tem
Sandra Armenta, Councilmember
Margaret Clark, Councilmember
Jeff Allred, City Manager
Rachel Richman, City Attorney
Gloria Molleda, City Clerk
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JANUARY 14, 2014 .
SUBJECT: CONSIDERATION OF A TEMPORARY INTERIM APPOINTMENT TO
. THE CITY COUNCIL
SUMMARY
The City Council will consider an Interim appointment to the City Council to temporarily
fill Council Member Steven Ly's'sest due to his military service leave of absence. On
December 30, 2013, City Council Member Ly reported to active duty in the United
States Army Reserves for a period of approximately 24 weeks. Prior to reporting for
duty, Council Member Ly recommended that the City Council appoint Traffic
Commissioner Jean Hall on a temporary basis to serve in his place during his absence.
At its December 10, 2013 meeting, after considering several options relating to the
subject City Council seat, the City Council directed staff to place the interim
appointment of Jean Hall on the January 10 City Council meeting agenda for
consideration.
Recommendation:
City Council direction is requested.
BACKGROUND
On December 1, 2013, Steven Ly was ordered to active duty in the U.S. Army Reserve
for mandatory training for approximately 24 weeks effective on December 30, 2013
(Attachment A). On December 2, 2013, City Council Member Ly submitted a letter to
the Mayor, which, recommended the appointment of Traffic Commissioner Jean Hall to
fill his seat on a temporary basis during his military leave of absence (Attachment B.)
At its last regular meeting of December 10, 2013, the City Council considered several
options relative to the subject City Council seat and directed staff to place the matter of
Jean Hall's temporary interim appointment on the agenda for its January 14, 2014
meeting for consideration. On December 19, 2013, Traffic Commissioner Jean Hall
submitted a letter to the Mayor (Attachment C), which expressed interest in serving on
the City Council on a temporary interim basis.
In the event that the City Council takes action to appoint Jean Hall as a temporary City
ITEM NO. SP -y_
a
City Council Mmft
Jimuen 14.2014
Council Member in Mr. Ly's absence, Ms. Hal may take the Oath of Office and sit as a
member of the City Council.
LEGAL REVIt_IN
This staff report has been reviewed by the City Attorney. Also, as a matter of record,.
the December 10, 2013 staff report to the City Council on options relating to the active
the military duty of Council Member Ly and possible appointment process for an interim
appointment (Attachment D) was prepared by the City Attorney.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachments: A-12/1/13 ober to report U.S. Army Reserves active duty
B-12/2/13 letter from Steven Ly
C-12/19/13 letter from Jean Hall
D-12/10/13 staff report to City Council
O
POUY LOW
AW
f
MAYORPROTEW
WIIUAMACNICOR
COUNCIL MEMBERS:
SANORAARMENTA
MAROAW CLARK
STEMLY
December 19, 2013
Hon. Polly Low
Mayor, City of Rosemead
8838 E Valley Blvd.
Rosemead, CA 91770
Dear Mayor Low,
City of &smwad
8838 E. VALLEY BOULEVARD P.O BOX 399
ROSSMEAO, CAUPORNIA91770
TELEPHONE (626) 569-2100
FAX(626)307-9219
It is my understanding that the council will consider appointing me to fill Councilmember Ly's
seat while he is at active duty training with the U5 Army Reserves. I am humbled and honored
by the consideration and will fulfill that role to the best of my abilities if appointed.
I have lived in Rosemead for a long time, raising all my children here. My husband and I, as well
as our children, have also been Involved in the community. I am proud to call Rosemead my
home and if asked to serve on the council, I will do so as my civic duty.
I have a good understanding of how our clty'functions, having worked With the staff and Council
with my role on the Traffic Commission and on the Board of the Dinsmore Heritage House and
Museum. l see the great progress our city is making over the last five years and would love the
opportunity to help continue that direction.
Thank you again -for your consideration and I promise to serve my community proudly,
whatever the capacity.
Pj�anSincerely,
� Hall
Traffic Commissioner
CC: William Alarcon, Mayor Pro Tem
Sandra Armenta, Councilmember
Margaret Clark, Counclimember
Steven Ly, Councilmember
Jeff Allred, City Manager
Rachel Richman, City Attorney
Gloria Molleda, City Clerk