California Municipal Law Blog

Court Holds Mayors are “Absent” in Performing Official Duties Only When They are Physically Not Present

by on March 2, 2015

posted in Contracts, Mayors,

The lawsuit had it all.  There were claims of conflicts of interest and a corrupt bargain.  Millions of dollars hinged on its outcome. The suit resulted in the recall of elected officials.  And while claiming it was aimed toward restoring good government, the suit was funded by business competitors that had much to gain. In the end, the case was decided not by these salacious facts, but by a technical issue of statutory interpretation:  When is a mayor “absent” under the California Government Code? In Torres v. City of Montebello, a California appellate court held that a mayor is “absent” ... Continue Reading

tags: Contracts, Montebello, Official Duties, Recalls, Solid Waste Franchise,