City attorney says Filner’s vetoes of port appointments invalid

City attorney [ CHANGES MIND, NOW ] says Filner’s vetoes of port appointments invalid

fox5sandiego.com

[trib_ndn vid=24733685]SAN DIEGO — Mayor Bob Filner had no authority to veto City Council appointments of two prospective port commissioners, according to a legal analysis released Friday by City Attorney Jan Goldsmith.

Mayor Bob Filner and City Attorney Jan GoldsmithThe city attorney and City Council President Todd Gloria each said that City Clerk Elizabeth Maland should certify January’s appointments of lawyer Rafael Castellanos and businessman Marshall Merrifield.

Filner issued the vetoes because he objected to the procedures used by the council for the appointments. The vetoes were subsequently upheld by the City Council — but the new opinion renders both the vetoes and failed override moot.

The mayor said at the time that city policy toward the Port of San Diego should be developed before the city’s two open seats are filled. The policy has since been adopted.

It had been believed that the mayor had the power to veto port appointments. However, Assemblyman Ben Hueso, D-San…

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