AGENDA TITLE:
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Consider Waiving the First Reading and Introducing an Urgency Ordinance to Amend Lodi Municipal Code Section 2.44.040 “Appointing Authorities” Allowing the City Council to Temporarily Appoint Staff to Perform Required Duties During Appointee Vacancies and Acknowledging that City Manager and City Treasurer Are Not Conflicting Offices (CM/CA)
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MEETING DATE:
August 6, 2025
PREPARED BY:
James Lindsay, Acting City Manager and Katie O. Lucchesi, City Attorney
recommendation
RECOMMENDED ACTION:
Consider waiving the first reading and introducing an urgency ordinance to amend Lodi Municipal Code Section 2.44.040 “Appointing Authorities” allowing the City Council to temporarily appoint staff to perform required duties during appointee vacancies and acknowledging that City Manager and City Treasurer are not conflicting offices.
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BACKGROUND INFORMATION:
After considering who to appoint as the City Treasurer at the July 16, 2025 City Council meeting, Council directed staff to prepare an urgency ordinance amending the Lodi Municipal Code (LMC) Section 2.44.040 to allow the temporary appointment of the Acting City Manager as City Treasurer.
The positions of City Manager, City Attorney, City Clerk and City Treasurer are currently separate and distinct in LMC, and specifically in Section 2.44.040. The attached urgency ordinance would amend LMC Section 2.44.040allowing the City Council to appoint another qualified City employee whose duties do not conflict with a role that is vacant (including the City Manager in performance of City Treasurer duties) to temporarily perform the vacant appointee role until the permanent appointment process is complete.
Pursuant to Government Code Section 36937(b), the City Council has the power to enact an urgency ordinance as necessary to protect public peace, health, and safety if approved by a 4/5 vote of the Councilmembers. This urgency ordinance is necessary for the immediate preservation of the public peace, health, and safety in order to allow the expedited appointment of the Acting City Manager to temporarily serve as the City Treasurer during the vacancy of the permanent appointee. The appointed City Treasurer position has historically been filled by the Assistant City Manager or the Deputy City Manager. However, the full-time Assistant City Manager position currently remains vacant and other qualified staff members in the Accounting Division are newer to their positions and the City of Lodi.
Due to the efforts underway to update the City’s financial policies and procedures, Council expressed that it is necessary to quickly appoint a seasoned leader with financial experience to the City Treasurer role in order to maintain public peace and the City’s fiscal health.
STRATEGIC VISION:
3A. Fiscal Health: Promote City's transparency & fiscal fluency.
FISCAL IMPACT:
Not applicable.
FUNDING AVAILABLE:
Not applicable.