ORDINANCE NO. 581 AN ORDINANCE OF THE CITY OF DUNSMUIR, CALIFORNIA AMENDING SECTION 2.16.010 OF THE DUNSMUIR MUNICIPAL CODE TO VEST IN THE CITY MANAGER AUTHORITY TO APPOINT THE CITY CLERK AND DEFINE THE DUTIES OF THE CITY CLERK. WHEREAS, Government Code Section 36508 and the Elections Code authorize the City Council to submit to the electors the question of whether the elective City Clerk and City Treasurer shall be appointive offices and, if a majority of voters voting on the measure approve it, the offices shall become appointive; and WHEREAS, on November 8, 2016, a majority of the voters of the City of Dunsmuir approved Measure D allowing for the office of City Clerk to be an appointive office; and WHEREAS, pursuant to Government Code section 34856, where the office of City Clerk is made appointive, appointment to such office shall be made by the City Council unless the City Council vests such appointing power in the City Manager by ordinance; and WHEREAS, the City Council wishes to delegate its appointment authority to the City Manager to ensure the appointment of professionals with skills and expertise needed for the position of City Clerk; Now therefore, THE CITY COUNCIL OF THE CITY OF DUNSMUIR DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Ordinance are true and correct and are incorporated herein as if set forth in full. Section 2. Title 2, Chapter 2.16.010 of the Dunsmuir Municipal Code is hereby amended to read: "§ 2.16.010. City Clerk - Appointment and Duties — City Manager to Appoint City Clerk. (a) Pursuant to Government Code Section 34856, the City Council delegates and authorizes the City Manager to appoint the City Clerk, subject to ratification by the City Council by Resolution. The appointed person shall not be required to be a City resident or elector. (b) The duties of the City Clerk shall be all the duties outlined in Government Code sections 40801 through 40814 and any other duty as prescribed by ordinance. The City Manager shall have authority to supervise and do all things necessary to assist the City Clerk in the performance of their duties." Section 4. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or provisions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail. Section 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, without regard to whether any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 6. Effective Date of Ordinance. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. Section 7. Certification and Publication. The City Manager or Deputy City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED, this 18th day of September, 2025. October 1 2025 LYRK0376719