MEETING DATE:
OCTOBER 14, 2014
SUBJECT:
Title
ORDINANCE NO. 2014-1401 - CONSIDERATION OF AN ORDINANCE AMENDING SECTION 1.08.010 OF THE SAN MARCOS MUNICIPAL CODE TO MODIFY THE RULES OF CONSTRUCTION
Body
Recommendation
Recommendation
INTRODUCE the attached proposed Ordinance, which amends Section 1.08.010 of the San Marcos Municipal Code (SMMC) to clarify when terms are to be construed as mandatory and when they are intended to be permissive.
Body
Board or Commission Action
Not applicable
Relevant Council Strategic Theme
Good Governance
Introduction
The proposed Ordinance amends the Rules of Construction under SMMC Section 1.08.010 regarding certain mandatory and permissive terms, including "shall," "must," "may," and "may not" to clarify any ambiguities that may exist with respect to the interpretation of those terms. It also expressly provides that the Rules of Construction shall be observed notwithstanding any rule or construction of the English language or case law authority holding to the contrary.
Discussion
The SMMC uses the terms "shall" and "must" interchangeably to describe mandatory actions or activities. These terms have been construed in case law to describe either mandatory or directory actions or activities, depending on their context. Because these terms have been susceptible of varying interpretation in case law and in rules of English usage, supplemented rules of construction for these and other mandatory and permissive terms contained in the SMMC are presented for the Council's consideration and action.
Section 1.08.010 of the SMMC (Rules of Construction) currently provides that the use of the term "shall" is mandatory and "may" is permissive. The proposed Ordinance provides that the term "must" is also mandatory, and the terms "shall" and "must" each impose mandatory obligations, unless referring to the City, in which case those terms remain directory. The proposed Ordinance also adds the term "may not" under the Rules of Construction to make it clear that this term means "not permitted to."
Fiscal Impact
No fiscal impact is anticipated as a result of approving the proposed Ordinance.
Attachment(s)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING SECTION 1.08.010 OF THE SAN MARCOS MUNICIPAL CODE TO MODIFY RULES OF CONSTRUCTION
Prepared by: Helen Holmes Peak, City Attorny
Approved by: Jack Griffin, City Manager