ORDINANCE NO. 2525
AN ORDINANCE OF THE PEOPLE OF THE
CITY OF MERCED, CALIFORNIA,
AMENDING SECTION 3.38.050, "CITIZENS
OVERSIGHT COMMITTEE," OF THE
MERCED MUNICIPAL CODE RELATING
TO THE TAX TRANSPARENCY
COMMISSION
THE PEOPLE OF THE CITY OF MERCED DO ORDAIN AS
FOLLOWS:
SECTION 1. AMENDMENT TO CODE. Section 3.38.050,
"Citizens Oversight Committee," of the Merced Municipal Code is hereby amended to read as follows:
"3.38.050 Citizens Oversight Committee.
Pursuant to the Measure, and Sections 200 and 706
of the City Charter, there is hereby created a Merced
Vital City Services Protection Measure Citizens
Oversight Committee ('Citizens Oversight Committee')
to review the revenues and expenditures generated and
spent under this Chapter.
B. The Citizens Oversight Committee shall consist of
three (3) voting members from each of the existing three (3) Policing Districts of the City, as these Policing
Districts exist on the effective date of this Chapter, for a total of nine (9) voting members.
Pursuant to Section 3.38.180 of this Chapter, the
composition shall begin transitioning to seven (7)
members, one (1) to be appointed from each of the
six (6) City Council districts plus one (1) at-large
member. The transition pursuant to this
amendment shall begin upon the effective date of
this amendment and shall be completed no later
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than January 1, 2024. The Committee shall also
be known as the Tax Transparency Commission.
Initial voting members of the Citizens Oversight
Committee shall be nominated to the City Council by the Citizens Revenue Task Force.
The City Council shall first consider the
nominations from the Citizens Revenue Task
Force as a whole and either affirmatively vote to
appoint or not appoint the nominees as a whole.
In the event a majority of the City Council fails to
ppoint the nominees as a whole, the City Counc
ay make individual appointments from th
nominations from the Citizens Revenue Task
Force.
(a) The remainder of any unfilled positions on
the Citizens Oversight Committee shall be
returned to the Citizens Revenue Task Force
for further nominations.
The City Council shall consider those nominations
by following the same procedure as set forth in
Subsections C.1 and 2 above.
D. Any vacancy for a voting member on the shall be
filled by having the Citizens Oversight Committee make
nominations to the City Council for consideration as a
whole.
The City Council shall first consider the
nominations as a whole and either affirmatively
vote to appoint or not appoint the nominees as a
whole.
In the event the City Council fails to affirmatively
appoint the nominees as a whole, the City Council
may make individual appointments from the
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nominees submitted by the Citizens Oversight
Committee.
(a) The remainder of any unfilled positions on
the Citizens Oversight Committee shall be returned
to the Citizens Oversight Committee for further
nominations.
The City Council shall consider these nominations
by following the same procedure as set forth in
Subsections D.1 and 2 above.
E. In addition to the voting members, there shall be
made available to each employee association and
unrepresented employees, a non-voting ex-officio
member of the Committee from each employee
association, including unrepresented employees. Each
employee association, including unrepresented
employees, shall determine the selection process and
term for their ex-officio member. In addition, each
association shall have the right to designate an alternate ex-officio member to the Committee to serve when the
ex-officio is unable to attend.
F. Voting members of the Committee shall be
restricted to individuals who are registered voters within the City of Merced. Elected officials at any level of
government and employees of the City of Merced and the
dependents of each are ineligible to serve as voting
members of the Committee.
All voting members so appointed shall serve
without compensation for a term of four (4) years. The
voting members first appointed to the Committee shall
classify themselves by lot so that by the following City Council election the term of one (1) of the voting
members in each Policing District shall expire. Said lot shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least three (3) X: \Ordinances|20211City Clerk|Tax Transparency Commission-3.38.050.docx 3 voting members, one (1) from each Policing District,
shall expire on each succeeding City Council election.
H. The Committee shall review the projected
revenues and recommended expenditures for the funds
generated by this Chapter and shall make their
recommendations to the City Council on the same as a
part of the City's budget process. After a review of the independent audit required by Section 3.38.070 hereof,
the Citizens Oversight Committee shall provide its
indings to the City Council. Unless modified by City
Council Resolution, the Citizens Oversight Committee
shall not have any function, power, or authority other
than as expressly provided herein.
The Citizens Oversight Committee shall meet quarterly
or as often as it deems necessary to accomplish the
objectives stated in this Section."
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in
full force and effect thirty (30) days after its adoption.
SECTION 3. SEVERABILITY. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. PUBLICATION. The City Clerk is directed to
cause a summary of this Ordinance to be published in the official newspaper at least once within fifteen (15) days after its adoption showing the vote thereon.
11 111
X: Ordinances 20211City Clerk\Tax Transparency Commission-3.38.050.docx 4 The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Merced on the 6th day of July and was passed and adopted at a regular meeting of said City Council held on the _igthday of _July _ 202l, by the following called vote:
AYES: 5 Council Members: BLAKE, BOYLE, PEREZ, SERRATIO,
SHELTON
NOES: 1 Council Members: ORNELAS
ABSTAIN: 0 Council Members: NONE
ABSENT: 1 Council Members: ECHEVARRIA
APPROVED:
that
Mayor
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:_
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
5-10-21
City Attorney Date
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