AGENDA
ITEM
10 CITY COUNCIL
CALEXICO
AGENDA STAFF REPORT
DATE: July 20, 2020
TO: Mayor and City Council
APPROVED BY: Esperanza Colio Warren, City Manager Omn Cata tae REQUESTED BY: Mayor Pro Tem Raul Ureña
SUBJECT: Removal of Mayor Pro Tem Ureña's Current Appointee to the Economic Development/Financial Advisory Commission and
Request to Advertise the Vacancy
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Recommendation:
None.
Background:
Mayor Pro Tem Ureña requested an item be placed on the City Council Agenda for the removal of his current appointee to the Economic Development/Financial Advisory Commission and open up the position to be advertised.
Discussion and Analysis
Appointment of a new commissioner would be made pursuant to Municipal Code Section 2.19.020 (B)(2)(a) which states: "Whenever an unscheduled vacancy occurs in any commission, board or committee for which the city council has the appointing power, whether due to resignation, death, termination or other causes, a special vacancy notice shall be posted in the office of the city clerk, and in other places as directed by the city council not earlier than twenty days before or not later than twenty days after the vacancy occurs. Final appointment to the board, commission or committee shall not be made by the city council for at least ten working days after the posting of the notice in the city clerk's office."
The criteria for an appointee to hold office is listed below: AGENDA ITEM
1. Pursuant to Ordinance No. 1159, Section 2.19.030 Eligibility Sections A-E: 10
A. To be eligible for, and to hold appointment, each appointee shall neither hold public office, or City employment, nor shall he/she be an officer of any local, state or national partisan official group. All members of commissions, boards and committees of the City shall be residents of the city or shall regularly work within the City.
B. Members of the City Council may be appointed by the majority of the City Council to attend commission, board or committee meetings as liaisons to the City Council.
C. Appointee shall be subject to the conflict-of-interest sections of the Political Reform Act of 1974.
D. An individual may serve on only one (1) committee, board or committee at any time.
Fiscal Impact:
None.
Coordinated With:
City Clerk.
Attachment(s):
1. Municipal Code Section 2.19 - Eligibility and Procedures for Commissions, Boards and Committees.
Chapter 2.19 - ELIGIBILITY AND PROCEDURES FOR COMMISSIONS, BOARDS AND COMMITTEES Footnotes:
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Editor's note— Ord. No. 1159, § 1, adopted February 3, 2015, repealed ch. 2.19, §§ 2.19.0102.19.080, and enacted a new ch. 2.19 to read as set out herein. Former ch. 2.19 pertained to similar subject matter and was derived from Ord. 1026 § 1 (part), adopted 2005; Ord. 1056 § 1, adopted 2007; Ord. No. 1069, §1, adopted February 19, 2008; Ord. No. 1093, §1, adopted July 21, 2009 and Ord. No. 1095, § 1, adopted July 21, 2009.
2.19.010 - Appointments to commissions, boards and committees-Process.
A. Appointments to all city commissions, boards and committees, shall be made by the following process:
1. When the commission, board or committee consists of five members, each city council member will appoint one commissioner, board member or committee member. If after a reasonable amount of time (not to exceed forty-five days after an election is certified or vacancy otherwise exists), a city council member has failed to make an appointment, the appointment will be made by a majority vote of the city council and the appointee shall not be removed from office except by majority vote of the city council.
2. When the commission, board or committee consists of seven members, the first five members will be appointed in the following manner: each city council member will appoint one commissioner. If after a reasonable amount of time, a city council member has failed to make an appointment, the appointment will be made by a majority vote of the city council. The appointment of the final two members will be by a majority vote of the city council.
B. Pursuant to this code and Government Code Section 54974, the following procedures shall be employed in filling vacancies on commissions, boards and committees in the city:
1. The city clerk shall advise the city council of the names of those persons whose term of office on a city commission, board or committee will be expiring thirty days prior to such expiration.
2. The city clerk shall promptly advise the city council of any unscheduled vacancy whether due to resignation, death, termination or other causes.
a. Whenever an unscheduled vacancy occurs in any commission, board or committee for which the city council has the appointing power, whether due to resignation, death, termination or other causes, a special vacancy notice shall be posted in the office of the city clerk, and in other places as directed by the city council not earlier than twenty days before or not later than twenty days after the vacancy occurs.
Final appointment to the board, commission or committee shall not be made by the city council for at least ten working days after the posting of the notice in the city clerk's office. b. Notwithstanding subsection (B)(2)(a), the city council may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. Such emergency appointments shall be made by the mayor with the approval of the city council. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.
3. The chair of each city commission, board or committee shall notify the city clerk of any position which should be declared vacant pursuant to the provisions of this Code or state law. The city clerk shall in turn advise the city council of all such notification.
4. The city council shall provide by ordinance any additional procedures necessary for appointments to commissions, boards and committees.
(Ord. No. 1159, § 1, 2-3-15)
2.19.020 - Vacancies and removal of members.
A. Any member of the commission may resign from any commission, board or committee at any time.
B. A member of any commission, board, or committee may be removed at any time by the city council member who appointed such member to the respective commission, board, or committee for any reason and/or if absent from three regularly scheduled meetings in a calendar year. Such removal must be announced at a public meeting of the city council.
C. Notwithstanding any other provision of this chapter, any member of any commission, board or committee (except non-voting ex-officio members) who absents himself or herself from any three regularly scheduled meetings (for any reason) in a twelve-month period shall automatically forfeit his or her position and shall automatically be removed from the membership of the commission, board or committee. Any member so removed shall not be reappointed for a period of one year to any city commission, board or committee. It shall be the responsibility of the chairman, vice chairman or presiding officer to report attendance at each meeting of the commission, board or committee to the city clerk.
D. Members will also be automatically removed for violating the Political Reform Act of 1974 as determined by the appropriate agency with authority to render such decisions or failing to comply with mandatory ethics training or conflict-of-interest filings required by the state or the city. (Ord. No. 1159, § 1, 2-3-15)
2.19.030 - Eligibility.
A. To be eligible for, and to hold appointment, each appointee shall neither hold public office, or city employment, nor shall he/she be an officer of any local, state or national partisan official group. All members of commissions, boards and committees of the city shall be residents of the city or shall regularly work within the city.
B. Members of the city council may be appointed by the majority of the city council to attend commission, board or committee meetings as liaisons to the city council.
C. Appointee shall be subject to the conflict-of-interest sections of the Political Reform Act of 1974.
D. An individual may serve on only one committee, board or committee at any time.
E. With the exception of the planning commission, which shall receive compensation as determined by the city council, members commissions, boards and committees shall serve without compensation, provided that the city manager or city council may authorize the reimbursement of reasonable expenses incurred by the members in the performance of their duties.
(Ord. No. 1159, § 1, 2-3-15)
2.19.040 - Disqualifying activity.
In the event that any commissioner, board member, or committee member shall place his/her name as a candidate or permit his/her name to be placed as a candidate for any elective office in the city, the term of said commissioner shall automatically terminate effective on the date that his/her name is received by the public officer charged with the duty of receiving said names as candidates for elective office in the city. (Ord. No. 1159, § 1, 2-3-15)
2.19.050 - Terms of office.
A. The term of office of any commissioner, board member, or committee member appointed under this chapter shall commence upon his/her appointment to said office and shall continue for the duration of the term of office of the appointing councilperson, automatically terminating at the day and hour that the city clerk shall certify the results of the election for the office to which the appointing councilperson was elected. If a city council member is elected to serve another term of office, that city council member is entitled to make all new appointments to city commissions, boards, and committees, however, such city council member can choose to re-appoint his/her previous appointees for a new term concurrent with the respective city council member's new term of office. If the appointing councilperson shall die while holding office or be sooner removed from office by recall or resignation, the term of said city council member's appointee on the commission, board or committee shall terminate upon the appointment or election of a new city council member assuming the office of the said deceased or removed city council member.
By way of clarification, therefore, in the event the nominating city council member shall not be a full term city council member then the appointment of said new commissioner, board member or committee member shall be only for the unexpired portion of the term of the commissioner, board member or committee member being replaced by said appointment.
B. The term of office of any commission, board or committee member appointed by the whole city council on a seven-member commission, board or committee, shall be for four years.
C. The term of office of a commissioner, board member, or committee member can also be terminated pursuant to Section 2.19.020
(Ord. No. 1159, § 1, 2-3-15)
2.19.060 - Alternates and interim members.
A. Any commissioner, board member, or committee member appointed pursuant to this chapter who is unable to attend a scheduled meeting shall immediately notify the city council member who appointed them of their anticipated absence at the meeting. The city council member who appointed the commissioner, board member, or committee member may serve as an alternate at the meeting.
B. Whenever a vacancy occurs on any commission, board, or committee, the city council member who has the power to appoint a successor pursuant to this chapter may serve as an interim member of the commission, board, or committee until the vacancy has been filled.
C. Any city council member serving as an alternate or interim member of a commission, board, or committee shall be counted for the purposes of reaching a quorum and may vote and otherwise participate in all matters before the commission, board, or committee.
D. This section does not apply to the planning commission or the personnel commission.
E. No more than two city council members may serve as alternates or interim members of the same commission, board, or committee at any given time.
(Ord. No. 1159, § 1, 2-3-15)
2.19.070 - Organization.
A. The officers of city commissions, boards and committees shall consist of a chairman, vice chairman and secretary to be elected by the commission, board, or committee, and such other offices as commission may from time to time designate. The term of said officers shall be fixed by the commission, board or committee.
B. Each commission, board and committee shall make its own rules and regulations and fix the procedure for calling, holding and conducting meetings; providing, that such rules and regulations are not in conflict with the Brown Act or with the provisions of any laws of the state or the city. (Ord. No. 1159, § 1, 2-3-15)
2.19.080 - Meetings and quorum.
A. Each commission, board or committee shall meet regularly at a time and place in the city to be determined by the commission, board or committee. Meetings shall not be held on legal holidays of the city.
B. Special meetings of the called by the chairman of the commission or the vice chairman in the chairman's absence, majority of the commission, city council, city manager or staff member assigned to work with the commission, board or committee. Notice of special meetings shall be given each member of the commission, board or committee in compliance with the Brown Act and in a reasonable time in advance of the meeting.
C. Three voting members of the commission, board or committee shall constitute a quorum of the commission, board or committee for the purpose of transacting business.
D. No action authorizing the expenditure of funds shall be taken by the commission, board or committee at any meeting other than a regular meeting by a majority vote.
E. Each commission, board or committee shall keep a public record of its transactions, findings, determinations and recommendations.
(Ord. No. 1159, § 1, 2-3-15)
2.19.090 - Commission, board or committee staff support.
The city manager will assign a staff member to each commission, board or committee. (Ord. No. 1159, § 1, 2-3-15)
2.19.100 - Commission, board or committee budget.
Each commission, board and committee may receive funds by an annual appropriation in the city budget or by government corporate or private grants or donations, and from the proceeds of city-approved functions. All such funds shall be held and managed as the city manager or city council may direct. (Ord. No. 1159, § 1, 2-3-15)