Personnel and Public Employees Committee Report
915 I Street, 1st Floor, Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01121 May 24, 2022 Discussion Item 05
Title: An Ordinance Adding Chapter 1.14 to the Sacramento City Code, Relating to Procedure for Mayor or Councilmember Vacancies, and Amending Chapter 2.40 of the Sacramento City Code, Relating to Boards and Commissions Generally
Location: Citywide
Recommendation: 1) Review an Ordinance adding Chapter 1.14 to the Sacramento City Code, relating to the procedure for Mayor or Councilmember vacancies, and amending Chapter 2.40 of the Sacramento City Code, relating to boards and commissions generally; and 2) pass a Motion forwarding the ordinance to the City Council for adoption.
Contact: Mindy Cuppy, City Clerk, (916) 808-5442, [email protected] , Wendy
Klock-Johnson, Chief Assistant City Clerk, (916) 808-7509, wklock- [email protected], Office of the City Clerk
Presenter: None.
Attachments:
1-Description/Analysis
2-Ordinance (Clean)
3-Ordinance (Redline)
Description/Analysis
Issue Detail: To assist the City Council and city-appointed board, commission, and committee members to achieve the high levels of professional service our community expects, the Personnel and Public Employees (P&PE) Committee has accepted the role and responsibility of developing the model for oversight, facilitation, and staffing responsibilities for city boards, commissions, and committees.
To ensure the City’s boards, commissions, and committees have a uniform administrative framework, P&PE directed the City Clerk to review and recommend updates to Sacramento City Code Chapter 2.40 relating to Boards and Commission Generally.
The proposed ordinance will do the following:
• Moves the existing procedures for mayor or councilmember vacancies from chapter
2.40, which primarily addresses boards and commissions, to its own chapter 1.14 for clarity between appointed and elected officials.
• Defines the term “boards and commissions” to include committees. • Updates the procedures for appointing persons to a board or commission. • Formalizes the long-standing practice for members to hold over in expired terms until a new appointment is made ensuring that the important work can continue uninterrupted. • Makes city employees ineligible to be members of boards and commissions unless they are appointed in the capacity of their employment.
• Standardizes terms and term limits across most boards and commissions to ensure clear understanding of upcoming possibilities for service. • Clarifies the grounds for removal of members of boards and commissions. • Prohibits boards and commissions from establishing standing committees and ad hoc committees.
• Limits the amount service as a chairperson to one consecutive term to create opportunity for more voices to serve in this capacity.
• Clarifies the role of the City Attorney and City Clerk providing clear legal and administrative support for the City’s boards and commissions. • Directs the City Clerk to, at least every five years, report to P&PE on the status of boards and commissions.
Policy Considerations: This ordinance clarifies that boards and commissions follow the same standards as the city council. Such standards include Sacramento City Charter, Political Reform Act, California Constitution, California Government Code, City’s Sunshine Ordinance, Ralph M. Brown Act, and the Council Rules of Procedure.
Economic Impacts: Not applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): This action is not a project subject to CEQA because it involves only general policy and procedure making and does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines, §§ 15002(d), 15378(b)(2), 15061(b)(3).)
Sustainability: Not applicable.
Commission/Committee Action: On November 9, 2021, the P&PE Committee gave direction to the City Clerk to review and recommend updates to Sacramento City Code Chapter 2.40 relating to Boards and Commission Generally. The attached update reflects that direction.
Rationale for Recommendation: The recommended updates establish a uniform administrative framework for all boards, commissions, and committees.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
Background: Generally, people are recommended for seats on a board or commission by councilmembers, the mayor, or by P&PE. They are then appointed by the Mayor with the concurrence of the City Council. Serving as an appointee provides a way for residents who have special experience or interests to participate in the City's decision-making process on numerous issues.
The specific role of most boards and commissions is to review and make recommendations to the City Council on matters within its scope of authority and responsibility. This is most commonly achieved at publicly noticed meetings, serving as a venue for public input and participation in the determination of city policies and operating procedures.
The City of Sacramento has over 25 boards, commissions, and committees. Most commissions serve in an advisory capacity to the City Council. However, a few commissions are quasi-judicial, complaint review, or appeals boards. Below is a listing of active city boards, commissions, and committees:
• Active Transportation
• Administration, Investment, & Fiscal Management Board • Aggie Square Public Financing Authority
• Animal Care Services Citizens Advisory Committee
• Ann Land and Bertha Henschel Memorial Funds Commission • Board of Plumbing Examiners
• Civil Service Board
• Compensation Commission
• Construction Code Board of Appeals
• Ethel Macleod Hart Trust Fund Advisory Committee
• Housing Code Advisory and Appeals Board
• Measure U Advisory Committee
• Parks and Community Enrichment Commission
• Planning and Design Commission
• Preservation Commission
• Retirement Hearing Commission
• Sacramento Arts, Culture, and Creative Economy Commission • Sacramento Community Policy Review Commission
• Sacramento Disabilities Advisory Commission
• Sacramento Ethics Commission
• Sacramento Heritage, Inc. Board of Directors
• Sacramento Independent Redistricting Commission
• Sacramento Youth Commission
• Stadium Area Public Financing Authority
• Utilities Rate Advisory Commission
ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE ADDING CHAPTER 1.14 TO THE SACRAMENTO CITY CODE, RELATING TO MAYOR AND COUNCILMEMBER VACANCIES, AND AMENDING CHAPTER 2.40 OF THE
SACRAMENTO CITY CODE, RELATING TO BOARDS AND COMMISSIONS GENERALLY
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Chapter 1.14 is hereby added to the Sacramento City Code to read as follows:
Chapter 1.14 PROCEDURE FOR MAYOR OR COUNCILMEMBER VACANCIES
1.14.010 Application.
Each person seeking the recommendation of the Personnel and Public Employees Committee to fill a vacancy for mayor or other member of the city council shall submit an application on a form supplied by the city to the city clerk. The application shall be submitted in a manner prescribed by the city clerk. The application must require information or documentation to effectuate the intent described in section
2.40.020, consistent with the provisions of the law, including this code, ordinances, and resolutions. The application shall be signed by the applicant under penalty of perjury.
1.14.020 Procedures for appointment as mayor or other council member.
The following procedure shall apply to the appointment to fill a vacancy in the office of mayor or other member of the city council:
A. No person shall be appointed unless such person has filed with the city clerk the application required by section 1.14.010 and a statement of economic interests required by article 2 of chapter 7 of the Political Reform Act (Cal. Gov. Code, §§ 87200-87210) at least seven days prior to such appointment. The city clerk shall forward to the city council copies of all such forms and statements prior to the meeting at which any such appointment occurs. Nothing herein shall require the statement of economic interests to be filed at the same time as the application.
B. The city council may direct that a hearing on the appointment be held by the city council Personnel and Public Employees Committee if:
1. Before the city council meeting at which the vote on the appointment is scheduled, that committee has not reviewed the application at a committee meeting; or
2. Any member of the city council, after review of the materials required by subsection A of this section, requests that the committee hold a hearing on the appointment.
C. If the Personnel and Public Employees Committee holds a hearing pursuant to subsection B of this section, the city council vote on appointment shall be held after that hearing.
SECTION 2.
Chapter 2.40 of the Sacramento City Code is hereby amended to read as follows:
Chapter 2.40 BOARDS AND COMMISSIONS GENERALLY
Article I. General
2.40.010 Definitions.
The following definitions apply in this chapter:
“Boards and commissions” means all boards, commissions, and committees with members who are appointed by the mayor or the city council. “Boards and commissions” includes city boards and commissions. “Boards and commissions” does not include committees that are composed solely of members of the city council. “City boards and commissions” means boards, commissions, and committees established by the charter, ordinance, or resolution. “City boards and commissions” does not include committees that are composed solely of members of city council.
2.40.020 Intent.
It is the intent of the city council, in enacting this chapter, to assure that appointees for seats on boards and commissions possess those high ethical standards required of them to properly fulfill their functions; to disclose any conflicts of interest that would render applicants and appointees ineffective in the performance of their duties, or which would jeopardize the interests of the city; to protect applicants and appointees against untrue allegations with respect to their background and integrity; and to establish a uniform administrative framework for all city boards and commissions.
Article II. Appointment Procedures
2.40.030 Recommendations by the Personnel and Public Employees Committee.
Unless otherwise specified in this code, an ordinance, or a resolution, the Personnel and Public Employees Committee has the power and duty to recommend persons for all board and commission seats that are appointed by the mayor or the city council.
2.40.040 Applications.
Except for members of the city council and city employees appointed in the capacity of their employment, each person seeking appointment to a seat on any board or commission shall submit an application on a form supplied by the city clerk. The application shall be submitted in a manner prescribed by the city clerk. The application must require information or documentation to effectuate the intent of this chapter, consistent with requirements of the law, including this code, ordinances, and resolutions. The application shall be signed by the applicant under penalty of perjury.
2.40.050 Procedures for concurrence in appointments to boards and commissions.
A. Concurrence in an appointment for a seat on a city board or commission shall be by vote of the city council.
B. A concurrence vote on an appointee for a seat on a city board or commission shall not be taken unless the appointee has filed with the city clerk the application required by section 2.40.040.
C. The city council may direct that a hearing on the concurrence or appointment be held by the city council Personnel and Public Employees Committee if:
1. Before the city council meeting at which the appointment or concurrence vote is scheduled, that committee has not reviewed the appointment or concurrence at a committee meeting; or
2. Any member of the city council after review of the application, requests that said committee hold a hearing on the appointment or concurrence.
D. If the Personnel and Public Employees Committee holds a hearing pursuant to subsection C of this section, the city council vote on concurrence shall be held after that hearing.
2.40.060 Vacancies.
A. If a seat on a board or commission becomes vacant during a member’s term, the vacancy shall be filled in the same manner that a member is required to be initially appointed to that seat, pursuant to this code, ordinance, or resolution.
B. If, at the end of a member’s term, the member is not reappointed and a successor is not appointed, the member may continue to serve until they are reappointed or a successor is appointed.
Article III. Members of Boards and Commissions
2.40.070 Applicability.
Despite any other contrary provision of this code, an ordinance, or a resolution,, this article applies to members of any board or commission who are appointed by the mayor or the city council.
2.40.080 Failure to attend meetings.
A. The failure of any member to attend a meeting called pursuant to law, without a minimum of four hour’s advance notice of the absence to the city clerk, is an unexcused absence.
B. Three consecutive unexcused absences from regular meetings, or absence from one-fourth of all meetings called pursuant to law in a twelve-month period, shall be deemed good cause for removal of such member from office under the provisions of section 232 of the Sacramento City Charter.
C. In the case of any board or commission for which no regular meeting date and time has been established, two consecutive unexcused absences from meetings that have been called pursuant to law, or their absence from one-fourth of all meetings that have been called pursuant to law in a twelve-month period, shall be deemed good cause for removal from office under the provisions of Section 232 of the Sacramento City Charter.
D. The absence of any board or commission member on account of the performance of his or her official duties shall not be deemed a failure to attend a meeting described in subsection B or C of this section.
2.40.090 Terms.
A. The term of each member of a city board or commission is a period of four years.
B. This section does not apply to the following:
1. Members of city boards and commissions who were appointed before July 1, 2022;
2. Members of city boards and commission whose terms are otherwise provided in the charter;
3. Members of the Sacramento Youth Commission; and
4. Members of the Ann Land and Bertha Henschel Memorial Funds Commission.
2.40.100 Limitation on number of consecutive terms served.
A. No person appointed to any board or commission by the mayor with the concurrence of the city council or by the city council shall be appointed to serve more than two consecutive terms.
B. Subsection A of this section shall not apply:
1. If the appointee is the mayor or a member of the city council;
2. If the appointee is appointed jointly by the mayor or city council and any other appointing authority;
3. If the board or commission is established by the charter; or
4. If the appointee is a city employee who is appointed in the capacity of their employment.
C. A member appointed to complete 75% or more of an unexpired term shall be eligible to serve up to two consecutive terms; the unexpired term will be considered as the first full term of the two consecutive full terms. A member appointed to complete less than 75% of an unexpired term shall be eligible to serve up to two full consecutive terms in addition to the partial unexpired term.
D. A person who is prohibited from being appointed to a consecutive term pursuant to subsection A shall be eligible for reappointment to a board or commission two years after the last date the member served on the board or commission.
2.40.110 City employees ineligible.
City employees are ineligible to be members of boards or commissions, unless they are appointed in the capacity of their employment.
2.40.120 Removal of members for failure to comply with the law.
A. Each member of a board or commission shall comply with all laws or requirements relating to the member’s office (including provisions of any resolution, ordinance, or local, state or federal law). This includes, but is not limited to the following:
1. Taking and subscribing the oath or affirmation for public officers (Cal.
Const., art. XX, § 3);
2. Filing a statement of economic interests, if required by the city’s conflict of interest code adopted pursuant to the Political Reform Act (Cal. Gov. Code, § 81000 et seq.); and
3. Completing training in general ethics principles and ethics laws (Cal. Gov.
Code, § 53235).
B. For purposes of charter section 232, a failure of any member of a board or commission to comply with subsection A is deemed good cause for removal from office.
Article III. Meetings of Boards and Commissions
2.40.130 Applicability.
This article applies to all city boards and commissions, despite any other contrary provision of this code, ordinance, or resolution.
2.40.140 Meetings generally.
A. Each regular meeting of a city board or commission shall be noticed and held in accordance with the provisions of sections 4.04.020.A and 4.04.030.
B. Each meeting shall be conducted in accordance with the Council Rules of Procedure.
C. If a quorum is not established within 15 minutes after the meeting’s noticed start time, the meeting shall be cancelled.
D. With the approval by the city clerk, city boards and commissions may notice and hold special meetings in accordance with the Ralph M. Brown Act (Cal. Gov. Code, § 54950 et seq.).
2.40.150 Record of vote.
On all matters voted upon by each city board or commission, the ayes, nays, and members present and not voting shall be entered upon the minutes or other record of the meeting by the city clerk or secretary.
2.40.160 Standing and ad hoc committees.
City boards and commissions may not establish standing committees or ad hoc committees.
2.40.170 Chairperson and vice-chairperson.
A. Each city board and commission shall elect one of its members to serve as chairperson and another to serve as vice-chairperson for each calendar year.
Chairpersons and vice-chairpersons shall not serve in this capacity for more than one consecutive term.
B. The chairperson shall be the presiding officer and shall ensure the orderly conduct of the meeting.
C. If the chairperson is absent, the vice-chairperson shall act in the capacity of the chairperson.
2.40.180 City clerk is secretary.
Pursuant to charter section 71, the city clerk shall act as secretary of city boards and commissions.
2.40.190 City attorney is legal counsel.
Pursuant to charter section 72, the city attorney shall serve as legal counsel to city boards and commissions.
2.40.200 Review of boards and commissions.
At least every five years, the city clerk shall report on the status of boards and commissions to the Personnel and Public Employees Committee. This report may include, but is not limited to, recommendations to amend the membership requirements, to amend the scope of the body’s authority, or to dissolve the body.
ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE ADDING CHAPTER 1.14 TO THE SACRAMENTO CITY CODE, RELATING TO MAYOR AND COUNCILMEMBER VACANCIES, AND AMENDING CHAPTER 2.40 OF THE SACRAMENTO CITY CODE, RELATING TO BOARDS AND COMMISSIONS GENERALLY
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Chapter 1.14 is hereby added to the Sacramento City Code to read as follows:
Chapter 1.14 PROCEDURE FOR MAYOR OR COUNCILMEMBER VACANCIES
1.14.010 Application.
Each person seeking the recommendation of the Personnel and Public Employees Committee to fill a vacancy for mayor or other member of the city council shall submit an application on a form supplied by the city to the city clerk. The application shall be submitted in a manner prescribed by the city clerk. The application must require information or documentation to effectuate the intent described in section
2.40.020, consistent with the provisions of the law, including this code, ordinances, and resolutions. The application shall be signed by the applicant under penalty of perjury.
1.14.020 Procedures for appointment as mayor or other council member.
The following procedure shall apply to the appointment to fill a vacancy in the office of mayor or other member of the city council:
A. No person shall be appointed unless such person has filed with the city clerk the application required by section 1.14.010 and a statement of economic interests required by article 2 of chapter 7 of the Political Reform Act (Cal. Gov. Code, §§ 87200‐87210) at least seven days prior to such appointment. The city clerk shall forward to the city council copies of all such forms and statements prior to the meeting at which any such appointment occurs. Nothing herein shall require the statement of economic interests to be filed at the same time as the application.
B. The city council may direct that a hearing on the appointment be held by the city council Personnel and Public Employees Committee if:
1. Before the city council meeting at which the vote on the appointment is scheduled, that committee has not reviewed the application at a committee meeting; or
2. Any member of the city council, after review of the materials required by subsection A of this section, requests that the committee hold a hearing on the appointment.
C. If the Personnel and Public Employees Committee holds a hearing pursuant to subsection B of this section, the city council vote on appointment shall be held after that hearing.
SECTION 2.
Chapter 2.40 of the Sacramento City Code is hereby amended to read as follows:
Chapter 2.40 BOARDS AND COMMISSION GENERALLY
Article I. Appointment Procedures
2.40.010 Name.
This article shall be known as the “City Council and Commission Appointment Procedure Reform Ordinance of 1983.”
Chapter 2.40 BOARDS AND COMMISSIONS GENERALLY
Article I. General
2.40.010 Definitions.
The following definitions apply in this chapter:
“Boards and commissions” means all boards, commissions, and committees with members who are appointed by the mayor or the city council. “Boards and commissions” includes city boards and commissions. “Boards and commissions” does not include committees that are composed solely of members of the city council. “City boards and commissions” means boards, commissions, and committees established by the charter, ordinance, or resolution. “City boards and commissions” does not include committees that are composed solely of members of city council.
2.40.020 Intent.
It is the intent of the city council, in enacting the ordinance codified in this article chapter, to assure that appointees for positions seats on the city council, and city boards and commissions possess those high ethical standards required of them to properly fulfill their functions; to disclose any conflicts of interest which that would render applicants and appointees ineffective in the performance of their duties, or which would jeopardize the interests of the city; and to protect applicants and appointees against untrue allegations with respect to their background and integrity; and to establish a uniform administrative framework for all city boards and commissions.
2.40.030 Applicability.
The provisions of this article shall apply to persons recommended to the mayor by the personnel and public employees committee as appointees for positions on the city council and the following boards and commissions:
Active Transportation Commission (two seats)
Administration, Investment and Fiscal Management Board of the City Retirement System
Board of Plumbing Examiners
Civil Service Board
Construction Code Board of Appeals
Ethics Commission
Housing Code Advisory and Appeals Board
Old Sacramento Variance Appeals Board
Parks and Community Enrichment Commission (two seats)
Planning and Design Commission (four seats)
Preservation Commission
Retirement Hearing Commission
Sacramento City Public Facilities Financing Corporation Utilities Rate Advisory Commission
Article II. Appointment Procedures
2.40.030 Recommendations by the Personnel and Public Employees Committee.
Unless otherwise specified in this code, an ordinance, or a resolution, the Personnel and Public Employees Committee has the power and duty to recommend persons for all board and commission seats that are appointed by the mayor or the city council.
2.40.040 Applications.
Each appointee recommended by the personnel and public employees committee for mayor or other member of the city council or to a positionExcept for members of the city council and city employees appointed in the capacity of their employment, each person seeking appointment to a seat on a city any board or commission, shall submit background information an application on a form supplied by the city to the city clerk.
Said background information The application shall be submitted to the city clerk within two days of the date the recommendation is made in a manner prescribed by the city clerk. The application must require information or documentation to effectuate the intent of this chapter, consistent with requirements of the law, including this code, ordinances, and resolutions. The application shall be signed by the applicant under penalty of perjury.
2.40.050 Background information form.
The background information required to be submitted to the city clerk shall include, but not be limited to, the following information:
A. Name and address of employers for the five years prior to appointment; B. Name and address of any business enterprise currently or previously owned or operated;
C. A list of each civil action, if any, in which punitive or exemplary damages have been assessed against the applicant, indicating in each instance the date of the trial court judgment and the location of the court which rendered judgment; D. A list of each fictitious business name, if any, used by the applicant at any time within the past five years.
The form required by this section shall be signed by the applicant under penalty of perjury.
2.40.060 Conflict of interest and financial disclosure statements.
Within three days after appointment to a position on a city board or commission, each appointee shall file with the city clerk the statement or economic interests required by the conflict of interest code adopted pursuant to the political reform act (California Government Code Section 81000 et seq.) for the board or commission to which appointment is sought.
The city clerk shall forward to the city council a copy of the filed statements prior to the city council meeting at which the concurrence in such appointments by the city council is scheduled for vote by the council.
2.40.070050 Procedures for concurrence in appointments to boards and commissions.
A. Concurrence in an appointment of an appointee for a position seat on a city board or commission shall be by vote of the city council at a city council meeting held not sooner than six days after the appointment by the mayor.
B. A concurrence vote on an appointee for a position seat on a city board or commission shall not be taken unless the appointee has filed with the city clerk the background information form application required by Ssections 2.40.040 and 2.40.050 of this chapter, and the statements required by Section 2.40.060 of this chapter.
C. The city council may direct that a hearing on the concurrence or appointment be held by the city council pPersonnel and pPublic eEmployees cCommittee if:
1. Prior toBefore the city council meeting at which the appointment or concurrence vote is scheduled, that committee has not reviewed the appointment or concurrence at a committee meeting; or
2. Any member of the city council after review of the materials required by Sections 2.40.040 through 2.40.060 of this chapter application, requests that said committee hold a hearing on the appointment or concurrence.
D. If the pPersonnel and pPublic eEmployees cCommittee holds a hearing pursuant to subsection C of this section, the city council vote on concurrence shall be held subsequent to after that hearing.
2.40.080 Procedures for appointment as mayor or other council member.
The following procedure shall apply to the appointment to the office of mayor or other member of the city council:
A. No person shall be appointed unless such person has filed with the city clerk the application required by Section 2.40.040 of this chapter, the background information form required by Section 2.40.050 of this chapter and a statement of economic interests required by Article 2 of Chapter 7 of the Political Reform Act (California Government Code Sections 87200 through 87210) at least seven days prior to such appointment. The city clerk shall forward to the city council copies of all such forms and statements prior to the meeting at which any such appointment occurs. Nothing herein shall require the statement of economic interests to be filed at the same time as the application and background information form.
B. The city council may direct that a hearing on the appointment be held by the city council personnel and public employees committee if:
1. Prior to the city council meeting at which the vote on the appointment is scheduled, that committee has not reviewed the application at a committee meeting; or
2. Any member of the city council, after review of the materials required by Sections 2.40.040, 2.40.050 and 2.40.060 of this chapter, and subsection A of this section, requests that said committee hold a hearing on the appointment.
C. If the personnel and public employees committee holds a hearing pursuant to subsection B of this section, the city council vote on appointment shall be held subsequent to that hearing.
2.40.060 Vacancies.
A. If a seat on a board or commission becomes vacant during a member’s term, the vacancy shall be filled in the same manner that a member is required to be initially appointed to that seat, pursuant to this code, ordinance, or resolution.
B. If, at the end of a member’s term, the member is not reappointed and a successor is not appointed, the member may continue to serve until they are reappointed or a successor is appointed.
Article II. Attendance
Article III. Members of Boards and Commissions
2.40.090070 Applicability.
NotwithstandingDespite any other contrary provision of this code, an ordinance, or a resolution, to the contrary, the provisions of this article shall be applicable applies to members of any board or commission of the city who are appointed by the mayor with the concurrence of the city council or appointed by the city council, and to those members of any other board or commission who are appointed by the mayor with the concurrence of the city council or appointed by the city council.
2.40.100080 Failure to attend meetings.
A. The failure of any member to attend a meeting called pursuant to law, without a minimum of four hour’s advance notice of the absence to the city clerk, is an unexcused absence.
AB. The failure of any member of any board or commission described in Section
2.40.090 of this chapter to attend tThree consecutive unexcused absences from regular meetings, or absence from one‐fourth of all meetings called pursuant to law in a twelve‐ month period, shall be deemed good cause for removal of such member from office under the provisions of Ssection 232 of the Sacramento City Charter.
BC. In the case of any board or commission for which no regular meeting date and time has been established, the failure of any member of any such board or commission to attend two consecutive unexcused absences from meetings which that have been called pursuant to law, or their absence from one‐fourth of all meetings that have been called pursuant to law in a twelve‐month period, shall be deemed good cause for removal from office under the provisions of Section 232 of the Sacramento City Charter.
CD. The absence of any board or commission member on account of the performance of his or her official duties shall not be deemed a failure to attend a meeting described in subsection AB or BC of this section.
Article III. Voting Procedure
2.40.110 Record of vote.
On all matters acted upon by each city boards or commission, agency or authority appointed by the city council the voting shall be by roll call, and the ayes and nays and members present and not voting shall be entered upon the minutes or other record of the meeting by the clerk or secretary. This section shall not apply to elections of officers, which may be by ballot.
2.40.090 Terms.
A. The term of each member of a city board or commission is a period of four years.
B. This section does not apply to the following:
1. Members of city boards and commissions who were appointed before July 1, 2022;
2. Members of city boards and commission whose terms are otherwise provided in the charter;
3. Members of the Sacramento Youth Commission; and
4. Members of the Ann Land and Bertha Henschel Memorial Funds Commission.
Article IV. Limitation on Number of Consecutive Terms Served
2.40.120100 Limitation on number of consecutive terms served.
A. No person appointed to any board or commission by the mayor with the concurrence of the city council or by the city council shall be appointed to serve more than two consecutive terms.
B. Subsection A of this section shall not apply:
1. If the appointee is the mayor or a member of the city council;
2. If the appointee is appointed jointly by the mayor or city council and any other appointing authority;
3. To the administration, investment and fiscal management board of the city employee’s retirement systemIf the board or commission is established by the charter; or
4. If the appointee is a city employee who is appointed in the capacity of their employment.
C. A member appointed to complete seventy‐five (75) percent 75% or more of an unexpired term shall be eligible to serve up to two consecutive terms; the unexpired term will be considered as the first full term of the two consecutive full terms. A member appointed to complete less than seventy‐five (75) percent 75% of an unexpired term shall be eligible to serve up to two full consecutive terms in addition to the partial unexpired term.
D. If an ordinance creating a board or commission specifies a more restrictive limitation on length of service than is set forth in this section, the more restrictive provision shall apply. If an ordinance creating a board or commission is less restrictive, the two‐term limitation of this section shall apply.
ED. A person who is prohibited from being appointed to a consecutive term pursuant to subsection A shall be eligible for reappointment to a board or commission two years after the last date the member served on the board or commission.
2.40.130 Limitation applicable to existing and future appointees.
With respect to the eligibility of a person for reappointment to a board or commission, any term or terms to which the person was appointed before the effective date of Ordinance No. 90‐040 shall be included in determining whether the person has served two or more consecutive terms.
2.40.110 City employees ineligible.
City employees are ineligible to be members of boards or commissions, unless they are appointed in the capacity of their employment.
2.40.120 Removal of members for failure to comply with the law.
A. Each member of a board or commission shall comply with all laws or requirements relating to the member’s office (including provisions of any resolution, ordinance, or local, state or federal law). This includes, but is not limited to the following:
1. Taking and subscribing the oath or affirmation for public officers (Cal.
Const., art. XX, § 3);
2. Filing a statement of economic interests, if required by the city’s conflict of interest code adopted pursuant to the Political Reform Act (Cal. Gov. Code, § 81000 et seq.); and
3. Completing training in general ethics principles and ethics laws (Cal. Gov.
Code, § 53235).
B. For purposes of charter section 232, a failure of any member of a board or commission to comply with subsection A is deemed good cause for removal from office.
Article III. Meetings of Boards and Commissions
2.40.130 Applicability.
This article applies to all city boards and commissions, despite any other contrary provision of this code, ordinance, or resolution.
2.40.140 Meetings generally.
A. Each regular meeting of a city board or commission shall be noticed and held in accordance with the provisions of sections 4.04.020.A and 4.04.030.
B. Each meeting shall be conducted in accordance with the Council Rules of Procedure.
C. If a quorum is not established within 15 minutes after the meeting’s noticed start time, the meeting shall be cancelled.
D. With the approval by the city clerk, city boards and commissions may notice and hold special meetings in accordance with the Ralph M. Brown Act (Cal. Gov. Code, § 54950 et seq.).
2.40.150 Record of vote.
On all matters voted upon by each city board or commission, the ayes, nays, and members present and not voting shall be entered upon the minutes or other record of the meeting by the city clerk or secretary.
2.40.160 Standing and ad hoc committees.
City boards and commissions may not establish standing committees or ad hoc committees.
2.40.170 Chairperson and vice‐chairperson.
A. Each city board and commission shall elect one of its members to serve as chairperson and another to serve as vice‐chairperson for each calendar year.
Chairpersons and vice‐chairpersons shall not serve in this capacity for more than one consecutive term.
B. The chairperson shall be the presiding officer and shall ensure the orderly conduct of the meeting.
C. If the chairperson is absent, the vice‐chairperson shall act in the capacity of the chairperson.
2.40.180 City clerk is secretary.
Pursuant to charter section 71, the city clerk shall act as secretary of city boards and commissions.
2.40.190 City attorney is legal counsel.
Pursuant to charter section 72, the city attorney shall serve as legal counsel to city boards and commissions.
2.40.200 Review of boards and commissions.
At least every five years, the city clerk shall report on the status of boards and commissions to the Personnel and Public Employees Committee. This report may include, but is not limited to, recommendations to amend the membership requirements, to amend the scope of the body’s authority, or to dissolve the body.