By Jorge Casuso

January 8, 2010 -- Although Santa Monica's Charter requires that the City Council either officially excuse Mayor Ken Genser -- who has not sat on the dais since October 27 -- or declare his seat vacant, the issue has not been placed on Tuesday's agenda.

Since he was hospitalized shortly after his last council appearance, Genser's friends and political allies have declined to comment on his condition, which has been kept a closely guarded secret. ("Genser's Condition Kept from Public," January 6, 2010)

Under the City Charter, if a council member "is absent from all regular meetings of the City Council for a period of sixty days consecutively… unless by permission of the City Council expressed in its official minutes… the City Councilmember's office shall become vacant and shall be so declared by the City Council."

The council has not taken an official vote to excuse the mayor, who has been on the council since 1988, making him the longest-serving council member in Santa Monica history.
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"I honest to God don't know what's going on with Ken," said Council member Bob Holbrook, who has served on the council with Genser for 20 years. "My sense is that the council just wants to leave it alone."

Holbrook says that when he tried to visit Genser at the hospital, the receptionist told him he was not on the list of those permitted to see the mayor. After being escorted up, Holbrook was made to wait for more than an hour.

"Finally I gave up and went home," he said. "All I know is rumors."

Holbrook believes the council should place the issue on the agenda.

"There's a terrible dilemma," he said. "We're all praying for a speedy recovery, and yet I try to wonder what Ken would do in this circumstance" if he was on the dais.

Holbrook belives the council should vote to excuse Genser, but request staff to return within a reasonable period, perhaps 30 days, with a report on the mayor's condition.

Because medical records are private, it could be difficult for staff to obtain that information, one City official noted.

If the item is added to the agenda that was posted Thursday afternoon, it is unclear under what conditions a council member can be excused and what procedure the council must follow, City officials said.

"The charter doesn't establish any standards for whether an absence should be excused or not," said City Attorney Marsha Moutrie.

"The charter also does not clearly establish a procedure for granting an excuse, only that the excuse is reflected in the minutes," she added.

If the council votes to declare Genser's seat vacant, council members must fill the vacancy by appointment within 30 days. Failing to do so would result in a special election.