1 TMA:kd A23-00140 (04-3-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING SECTION 2.18.050; AND,
BY REPEALING SECTION 2.06.060, ALL RELATING TO
COMPENSATION AND TRAINING REQUIREMENTS FOR
MEMBERS OF BOARDS AND COMMISSIONS
WHEREAS, on January 7, 2020 and June 6, 2020, the City Council adopted resolutions to amend the City’s Salary Resolutions to allow members of advisory bodies to receive compensation for their service; and
WHEREAS, Senate Bill 225 (SB 225) indicates a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the State; and
WHEREAS, the legislative history of SB 225 notes that under federal law, it is unlawful for a person or entity to hire an undocumented resident for employment (8 U.S.C. § 1324(a).); and
WHEREAS, while SB 225 authorizes undoc umented residents to serve as appointed members of public boards and commissions, it could not authorize employment as an element of that appointment because state law cannot supersede federal law; and WHEREAS, the City’s current policy which mandates comp ensation to members of advisory bodies may cause said members to fall within the legal definition of an employee; and
WHEREAS, under federal law, it is unlawful for a person or entity to hire an undocumented resident for employment (8 U.S.C. § 1324(a).); and WHEREAS, to ensure the City’s policy allows for undocumented residents to serve on advisory bodies, as required by State law, and to avoid possible violations of ORD-23-0019
2 TMA:kd A23-00140 (04-3-2023)
01507017.docx
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
federal law, the City’s Salary resolution and LBMC Sections 2.06.060 and 2.18.050 are being amended to allow for certain members of advisory bodies to serve as volunteers without compensation or as a volunteer eligible to receive an expense reimbursement payment; and
WHEREAS, since City officers may be considered employees under state and federal tax law, and members of the Civil Service, Harbor, Public Utilities, and Planning Commissions are deemed City officers by City Charter Section 500, members of these commissions will not be eligible to serve as volunteers; a Charter Amendment is required to remove their status as “City officers”; and
WHEREAS, LBMC Section 2.18.050.F has been amended to be consistent with the language in Section 510 of the City Charter to allow for the removal of advisory members at any time with the concurrence of two -thirds (2/3) of the members of the City Council; and
WHEREAS, LBMC Section 2.18.050.G has been amended to require members of advisory bodies to complete the ethics trainings and pledge required of LBMC Ch. 2.07 (“Code of Conduct and Ethics) and all trainings determined by the City Clerk to be necessary for effective service on an advisory body within one-hundred twenty (120) days of assuming office, including, but not limited to, trainings on the City’s strategic vision, ethics standards, and diversity, equity, inclusion, and racial justice principles; NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. Section 2.18.050 of the Long Beach Municipal Code is hereby amended and restated to read as follows:
2.18.050 General regulations.
The following regulations shall apply to all advisory bodies which are subject to this Chapter:
A. The members of each body shall be appointed by the Mayor and confirmed by a majority vote of all members of the City Council; 3 TMA:kd A23-00140 (04-3-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
B. The members of each body must reside in the City at the time of appointment, and must maintain residence within the City at all t imes during their service on the advisory body;
C. The term of office shall be two (2) years for members of each body. Members may be reappointed after their initial term, but in no event shall any person who has served four (4) consecutive, two (2) year terms on the same body be eligible for reappointment to that body. Serving any portion of an unexpired term shall not be counted as service of one (1) term.
Members not eligible for reappointment may continue to serve until their successors are appointed and qualified. The terms of office for members of all advisory bodies shall terminate on June 30th of every even -numbered year. The terms of office for members of all advisory bodies shall start on July 1st of every even-numbered year;
D. Members of advisory bodies may receive compensation for the performance of their official duties if such compensation is expressly provided by the City Council in the Salary Resolution of the City. With the exception of members of those commissions identified in City Charter Sect ion 500, members of those advisory bodies identified in the Salary Resolution of the City shall have the option to serve as a volunteer without compensation or as a volunteer eligible for an expense reimbursement payment . Expense reimbursement payments are intended to reimburse members of advisory bodies serving as volunteers for related expenses incurred in the performance of their official duties. Members of any advisory body expressly compensated by the City Council shall be ineligible to receive compensation unless and until they have adhered to the requirements set forth in Subsection 2.18.050.G of this Code;
E. Appointments to fill vacancies on advisory bodies shall be handled in the same manner as original appointments. When a vacancy 4 TMA:kd A23-00140 (04-3-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
occurs during a ter m, the appointment to fill such vacancy shall be for the unexpired portion of the term;
F. The Mayor may remove any member of a City Council
established advisory body at any time, with the concurrence of two -thirds (2/3) of the members of the City Council; and
G. Members of advisory bodies shall:
1. File a Form 700 with the City Clerk within thirty (30) days of assuming office, every year thereafter by April 1st, and within thirty (30) days of leaving office;
2. Ensure ethics trainings required pursuant to California Government Code Section 53234 et seq. and Chapter 2.07 of this Code are complete and current within the time periods specified therein;
3. Pledge in writing to uphold the principles in City’s Code of Conduct and Ethics; and
4. Complete all trainings determined by the City Clerk to be necessary for effective service on an advisory body within one hundred twenty (120) days of assuming office, including, but not limited to, trainings on the City’s strategic vision, ethics standards, and diversity, equity, inclusion, and racial justice principles.
Section 2. Section 2.06.060 of the Long Beach Municipal Code is hereby repealed.
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28 Section 3. The City Clerk shall certify to the passage of this ordinance by City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of April 18 , 2023, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
Approved: ~ \ \~Ii:;,
TMA:kd A23-00140 (04-3-2023)
01507017.docx
(Date)
5 Zendejas, Duggan, Supernaw, Kerr,
Uranga, Austin, Ricks-Oddie.
None.
Allen, Saro.
None.
Mayor
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CITY OF LONG BEACH )
Alyssa Campos being duly sworn says: That I am employed in the Department of the City Clerk of the City of Long Beach; that on the 20th day of April 2023, I posted three true and correct copies of Ordinance No. ORD-23-0019 in three conspicuous places in the City of Long Beach, to wit: One of said copies in the lobby of City Hall in front of the Civic Chambers; one of said copies in the Billie Jean King Main Library; and one of said copies on the front counter of the City Clerk Department.
Subscribed and sworn to before me
This 20th day of April 2023.