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8. A16 LEAGUE BYLAWS AMENDMENTS CONSIDERED AT ANNUAL CONFERENCE Annual Conference resolution #1, sponsored by the League board of directors, proposes several amendments to the League bylaws. The impetus to amend the bylaws at this time came in Ma; when the League held what is b=lieved to be its first ever "special" membership meeting. Traditionally, League members gather at the annual conference to make League policy. The Administrative Services Policy Committee reviewed and approved the bylaws amendments during its June meeting. Therefore, the committee will not be meeting at the Annual Conference. The League Board reviewed and approved the pro- posed amendment with one change. The board expanded opportunities for service on the League Board with respect to at -large board membership. The League bylaws provide for special meet- ings, but include scant procedural direction for these meetings. As a result, the League board adopted policies to fill the gaps for May's special meeting and requested that the bylaws be re- viewed with respect to these issues as well as the issue of voting thresholds. In addition, the League's regional divisions have generally been placing a greater emphasis on governance, updating and expanding their own bylaws. There are a few proposed changes to allow for greater flexibility for division bylaws. Other areas in which amendments are pro- posed include: quorums, at -large board mem- bership, the resolution process, officer elec- tion timing and the bylaws amendment pro- cess Notice of the proposed bylaws changes also was included on page 20 of the August issue of Western City. All the proposed bylaws amendments have been incorporated into resolution #1. Amendments to the bylaws require approval by two- thirds of voting delegates participating in the General Assembly of the League. The General Assembly will be held at 10:00 a.m. Wednesday, September 10 during the Annual Conference in Sacramento. Each member city has one vote in the League's General Assembly. Before consideration by the General Assembly, the General Resolutions Committee will review all the resolutions and recommend League action to the general assembly. The General Resolutions Committee will meet at 10:15 a.m. on Tuesday, September 9 and will either recommend approval or rejection of the proposed amendments. City officials interested in the bylaws amendments or any other resolutions are invited to these meetings, where they will have an opportunity to raise ques- tions and recommend action. Copies of the resolutions packet, including a summary of the bylaws amendments and a redline version of the proposed bylaws were mailed to all cities on July 30. The resolutions are also avail- able on the League's website at the following link: www.cacities.ora/2003resoltitions. STATE SEEKS DISMISSAL OF VLF LAWSUIT The State of California has filed a response to the lawsuit challenging the restoration of the vehicle license fee to 1998 levels, which was brought July 1 by the Howard Jarvis Taxpayers Association (HJTA) and others. The State's response, called a demurer, was filed on August 22. It asks that the lawsuit be dismissed, and argues that the HJTA and others failed to allege compliance with the legal prerequisites for bringing a tax refund lawsuit. The basis for the State's request for dis- missal is this: California law requires a taxpayer to take preliminary steps before contesting the fee increase. First, the taxpayer must actually pay the fee. Second, the taxpayer must request a refund of the fee. And finally, the State must deny the request. Because the HJTA and the others that filed the suit have not taken these preliminary steps, the State contends that they cannot sue at this time. The State's request will be considered on October 7 in Sacramento County Superior Court. The League will continue to monitor the lawsuit and keep cities informed of the court's ruling. Contact Stephen Traylor, Assistant General Counsel, League of California Cities at (916) 658 -8281 or stravlorna_ cacities.oro if you have questions. Visit the League's Official Web Site-- www.caci ties. org PRIORITY FOCUS /PAGE 3