Torres

INTRODUCTION

The principal issue in this appeal concerns Government Code section 40602’s mayoral signature requirement for municipal contracts and whether the mayor’s purported refusal to sign a contract duly approved by the city council authorizes the mayor pro tempore to sign the contract in the mayor’s “absence” under Government Code section 40601. We conclude it does not.

Since 1962, Arakelian Enterprises, Inc., doing business as Athens Services, successor in interest to Athens Disposal Company, Inc. (Athens), has been the exclusive residential waste hauling franchisee for the City of Montebello (the City or Montebello). In 2008, a candidate for the Montebello City Council approached Athens about becoming the City’s exclusive commercial waste hauling franchisee as well. The candidate won election to the Montebello City Council (City Council) and, with his vote, the City Council approved a contract granting Athens an exclusive residential and commercial waste hauling franchise.

In the weeks that followed, the Mayor of Montebello (Mayor), who had voted against the exclusive franchise, refused to sign the contract. The City Attorney advised the Mayor that he had a…