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Selma council rescinds unanimous-termination clause in city manager addendum after attorney warns it conflicts with state law
Summary
The Selma City Council voted 4-1 to repeal a November 2024 addendum to the city manager'0s employment agreement that required unanimous council approval for termination. City Attorney Costanzo told the council the unanimity provision is illegal under state law and must be voided.
The Selma City Council voted 4-1 on Jan. 21 to rescind a November 2024 addendum to City Manager Fernando Santion'0s employment agreement that required a unanimous council vote to terminate the manager.
City Attorney Costanzo told the council the addendum'0s unanimous-termination clause is unenforceable under California law and "you cannot have a contract that conflicts with the state law," saying the provision would have tied the hands of future councils and could not be enforced.
The resolution to repeal the minute order approving the addendum also directs service of a notice of rescission to the city manager. The vote was: Councilmember Avalos, yes; Mayor Pro Tem Guerra, yes; Councilmember Oseguera, yes; Councilmember Trujillo, no; Mayor Scott Robertson, yes.
Why it matters: The unanimous-termination language would have changed the statutory rule that city managers serve at the pleasure of the council by constraining future councils from exercising majority-rule oversight. Costanzo cited case law and city-code principles that prevent a public body from contracting away its legislative power. He recommended repeal to avoid legal exposure and to restore the ordinary majority standard for employment actions.
What council debated: Costanzo and other speakers focused on the legal conflict between the addendum and the city manager form of government ordinance. Costanzo summarized the legal point: statutes and ordinances that vest removal power in a governing body cannot be modified by contract to require unanimity from that body. Councilmember Trujillo voted no and said he wanted additional context before rescinding; other members said the language was plainly inconsistent with state rules and should be removed immediately.
Next steps: The city attorney will serve the notice of rescission, and the resolution leaves open further review of any other contract provisions tied to the addendum or settlement agreements. Costanzo said he has not completed a full legal review of every document tied to the settlement and recommended staff follow up to identify other potentially inconsistent provisions.
