Two city commissioners representing District Two may swap places.
Two official notices were posted on the Seal Beach City Hall bulletin board on Tuesday, Jan. 9, each announcing the resignations of Ben Wong from the Environmental Quality Control Board and Nick Massetti from the Planning Commission. The notices for each said the vacancies existed as of Jan. 6.
“I spoke with both Ben [Wong] and Nick [Massetti] and both seemed fine with stepping down from their current appointments,” wrote District Two Council Member Tom Moore in an email on Jan. 15.
The Sun had no contact information for EQCB Board Member Wong. Planning Commissioner Massetti confirmed his discussion with Moore.
“The City requires the current appointments resign and submit a position opening as a standard process when there is an appointment change,” Moore wrote.
“I will make selection of new appointments at the first meeting in February for council approval,” Moore wrote.
That council meeting is scheduled for Feb. 12.
According to both notices, appointments to boards and commissions may not be made until at least 10 days after the notice of any opening is posted.
“Councilman Tom Moore related to me in a meeting that EQCB member Ben Wong was interested in gaining experience on the Planning Commission,” Massetti wrote in a Jan. 15 email.
“This happened to mesh well with my longstanding desire to participate on the EQCB so we discussed a swap of roles that would be a benefit [to] all parties. We are both nominations from Councilman Moore’s District. Because of certain notice requirements for the City Council to implement such proposed changes I was informed by Councilman Moore that the change would happen at the Council’s February 12th meeting,” Massetti wrote.
Massetti’s resignation was apparently not written.
On Jan. 15, the Sun emailed City Attorney Nicholas Ghirelli for clarification.
“When appointees resign from Seal Beach Boards or Commissions, do they need to submit written resignations? Notices posted on the City Hall bulletin board on Jan. 9 state that vacancies have existed on the Planning Commission and environmental board since Jan. 6. Yet a city Planning Commissioner told me today [Jan. 15] that he believes his resignation would be effective Feb. 12, when he anticipates being appointed to the Environmental Quality Control Board.”
On Monday, Jan. 22, City Clerk Gloria Harper replied:
“Planning Commissioner Nick Massetti gave notice to the City that he intended to voluntarily resign from his position on the Planning Commission as of January 6, 2024. In addition, Commissioner Massetti also agreed to continue serving on the Commission until the Council appoints a replacement to fill his seat.
“Hence, the January 9, 2024 notice of vacancy stated that the vacancy existed as of January 6, 2024. Commissioner Massetti then continued to serve on the Commission through the Commission’s January 16th meeting because the Council is not expected to appoint someone to fill the vacancy until February 12, 2024. It is not uncommon for an appointed official to provide notice of their intent to resign, while also deferring their official resignation until the Council fills the vacancy. Indeed, Section 802 of the City Charter states that an appointee to a City commission can remain in office past the expiration of their term of office until a qualified replacement is appointed.
“Neither state nor local law require a City commissioner to submit their resignation in writing.”
