City of Sacramento
Personnel and Public Employees Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01253 6/11/2024 Discussion Item 6.
An Ordinance Amending and Deleting Various Chapters in Title 2 of the Sacramento City Code, Relating to City Commissions
File ID: 2024-01253
Location: Citywide
Recommendation:1) Review an Ordinance amending and deleting various chapters in Title 2 of the Sacramento City Code, relating to city commissions; and 2) pass a Motion forwarding the ordinance to the City Council for adoption.
Contact: Mindy Cuppy, City Clerk, (916) 808-5442, [email protected], Office of the City Clerk; Matthew Ruyak, Assistant City Attorney, (916) 808-5346, [email protected], Office of the City Attorney
Presenter: Mindy Cuppy, City Clerk, (916) 808-5442, [email protected], Office of the City Clerk
Attachments:
1-Description/Analysis
2-Ordinance (Redline)
3-Ordinance (Clean)
Description/Analysis
Issue Detail: In 2021, City Council affirmed that the Office of the City Clerk has legislative support responsibilities of the city’s boards, committees, and commissions (commissions) to create consistency among legislative bodies, increase public participation, and foster collaboration between commissions and the City Council.
The recommended administrative updates to various chapters in Title 2 of the Sacramento City Code relating to city commissions will do the following:
File ID: 2024-01253 6/11/2024 Discussion Item 6.
· Defines the length of terms as 2 years for youth seats on all boards and commissions. · Reiterates if a successor is not appointed at the end of a commissioner’s term, the City Clerk may ask the member to continue to serve until the successor is chosen. · States that terms for members recommended for appointment by the mayor or councilmember expire on the same date as the term of office of that recommending mayor or councilmember. · Restates quorum as defined by Rosenberg’s Rules of Order. · Clarifies eligibility requirements.
· Restates that board and commission members shall be recommended for appointment by an individual councilmember, the mayor, or the Personnel and Public Employees Committee. · Deletes chapters of the Sacramento City Code related to legislative bodies that are inactive:
· Sacramento Commission of History and Science (2.68)
· Sacramento Economic Development Commission (2.72)
· Development Oversight Commission (2.90)
· Sacramento Campaign Reform Committee (2.108)
Policy Considerations: This ordinance makes administrative amendments to clarify various chapters in Title 2 and deletes chapters of inactive legislative bodies.
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: None.
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.
Ordinance 2024‐XXXX Month, Day, 2024 Page 1 of 6
ORDINANCE NO.
Adopted by
the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING AND DELETING VARIOUS CHAPTERS IN TITLE 2 OF THE
SACRAMENTO CITY CODE, RELATING TO CITY COMMISSIONS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
A. Chapter 2.40 of the Sacramento City Code is hereby amended as follows:
1. Section 2.40.030 of the Sacramento City Code is hereby deleted.
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. Section 2.40.050 of th e Sacramento City Code is hereby amended to read as follows:
A. Board and commission members shall be recommended for appointment by an individual councilmember, the mayor, or the Personnel and Public Employees Committee, as specified elsewhere by this code, ordinance, or resolution.
B. Concurrence in an appointment for a seat on a city board or commission shall be by vote of the city council.
BC.
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 t hat a hearing on the concurrence or appointment be held by the city council Personnel and Public Employees Committee if:
1. Before the city council meet ing at which the appointment or concurrence vote is scheduled, that committee has not reviewed the appointment or concurrence at a committee meeting; or
Ordinance 2024‐XXXX Month, Day, 2024 Page 2 of 6
2. Any member of t he 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.
3. Subsection B of section 2.40.060 of the Sacramento City Code is hereby amended to read as follows:
A. If, at the end of a member’s te rm, 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, at the discretion of the city clerk.
4. Subsection A of section 2.40.080 of the Sacramento City Code is hereby amended to read as follows:
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.
5. Section 2.40.090 of the Sacramento City Code is hereby amended to read as follows:
2.40.090 Terms.
A. Terms generally.
1. Except as provided in subsection A.2. below, Tt he term of each member ofseat on a city board or commission is a period of four years.
2. The term of each designated y outh seat on a city board or commission is a period of two years.
B. The terms for members recommended for appointment by the mayor or councilmembers expire on the same date as the term of office of the recommending mayor or councilmember. Terms are not automatically extended due to the re-election of the recommending councilmember or mayor.
C. This section does not apply to the following:
Ordinance 2024‐XXXX Month, Day, 2024 Page 3 of 6
1. Members of cCity boards and commissions seats to which members who were appointed before July 1, 2022;
2. Members ofSeats on city boards and commissions whose for which terms are otherwise provided in the charter;
3. Members of tThe Sacramento Youth Commission; and
4. Members of tThe Ann Land and Bertha Henschel Memorial Funds Commission.
6. Subsection A of section 2.40.100 of the Sacramento City Code is hereby amended to read as follows:
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 on that same board or commission.
7. Subsection D of section 2.40.100 of the Sacramento City Code is hereby amended to read as follows:
D. A person who is prohibited from being appointed to a consecutive term pursuant to subsection A shall be eligible for reappointment to athat same board or commission two years after the last date the member served on thethat same board or commission.
8. Section 2.40.110 of the Sacramento City Code is hereby amended to read as follows:
2.40.110 EligibilityCity employees ineligible.
City employees are ineligible to be members of boards or commissions, unless they are appointed in the capacity of their employment.
A. City employees are ineligible to be members of boards or commissions unless they are appointed in the capacity of their employment.
B. All members appointed to the city’s boards and commissions shall be residents of the City of Sacramento and remain residents for the entirety of their appointment. This subsection B does not apply to members of the City of Sacramento Youth Commission.
Ordinance 2024‐XXXX Month, Day, 2024 Page 4 of 6
C. Members removed from a commission for violation of sections 2.40.080 or
2.40.120 may not be appointed to any city board or commission for the period of one year from the date of removal.
D. No person may be appointed to serve on more than one board or commission concurrently. This subsection D does not apply to members of the Sacramento Relocation Appeals Board.
9. Section 2.40.150 of the Sacramento City Code is hereby amended to read as follows:
2.40.150 Record of voteVoting.
A. 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.
B. Members must be physically present at the dais at the designated meeting location, or at a properly noticed teleconference location, to vote. Proxy or absentee voting is not permitted.
10. A new section 2.40.155 is added to the Sacramento City Code, to read as follows:
2.40.155 Quorum
A majority of the seats established for a board or commission constitutes a quorum.
B. Except as amended by subsection A above, all provisions of chapter 2.40 remain unchanged and in full effect.
SECTION 2.
Chapter 2.68 of the Sacramento City Code is hereby deleted.
2.68 SACRAMENTO COMMISSION OF HISTORY AND SCIENCE
[Entirety of chapter deleted.]
Ordinance 2024‐XXXX Month, Day, 2024 Page 5 of 6
SECTION 3.
Chapter 2.72 of the Sacramento City Code is hereby deleted.
2.72 SACRAMENTO ECONOMIC DEVELOPMENT COMMISSION
[Entirety of chapter deleted.]
SECTION 4.
Chapter 2.90 of the Sacramento City Code is hereby deleted.
2.90 DEVELOPMENT OVERSIGHT COMMISSION
[Entirety of chapter deleted.]
SECTION 5.
Chapter 2.108 of the Sacramento City Code is hereby deleted.
2.108 SACRAMENTO CAMPAIGN REFORM COMMITTEE
[Entirety of chapter deleted.]
Adopted by the City of Sacramento City Council on by the following vote:
Ayes:
Noes:
Abstain:
Absent:
M A Y O R
Ordinance 2024‐XXXX Month, Day, 2024 Page 6 of 6
Attest:
City Clerk
Passed for Publication:
Published:
Effective:
Ordinance 2024-XXX Month, Day, 2024 Page 1 of 5
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING AND DELETING VARIOUS CHAPTERS IN TITLE 2 OF THE
SACRAMENTO CITY CODE, RELATING TO CITY COMMISSIONS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
A. Chapter 2.40 of the Sacramento City Code is hereby amended as follows:
1. Section 2.30.030 of the Sacramento City Code is hereby deleted.
2. Section 2.40.050 of the Sacramento City Code is hereby amended to read as follows:
A. Board and commission members shall be recommended for appointment by an individual councilmember, the mayor, or the Personnel and Public Employees Committee, as specified elsewhere by this code, ordinance, or resolution.
B. Concurrence in an appointment for a seat on a city board or commission shall be by vote of the city council.
C. 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.
3. Subsection B of section 2.40.060 of the Sacramento City Code is hereby amended to read as follows:
A. I f, 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, at the discretion of the city clerk.
4. Subsection A of section 2.40.080 of the Sacramento City Code is hereby amended to read as follows:
Ordinance 2024-XXX Month, Day, 2024 Page 2 of 5
A. The failure of any member to attend a meeting called pursuant to law, without a minimum of four hours’ advance notice of the absence to the city clerk, is an unexcused absence.
5. Section 2.40.090 of the Sacramento City Code is hereby amended to read as follows:
2.40.090 Terms.
A. Terms generally.
1. Except as provided in subsection A.2. below, the term of each seat on a city board or commission is a period of four years.
2. The term of each designated youth seat on a city board or commission is a period of two years.
B. The terms for members recommended for appointment by the mayor or councilmembers expire on the same date as the term of office of the recommending mayor or councilmember. Terms are not automatically extended due to the re-election of the recommending councilmember or mayor.
C. This section does not apply to the following:
1. City board and commission seats to which members were appointed before July 1, 2022;
2. Seats on city boards and commissions for which terms are otherwise provided in the charter;
3. The Sacramento Youth Commission; and
4. The Ann Land and Bertha Henschel Memorial Funds Commission.
6. Subsection A of section 2.40.100 of the Sacramento City Code is hereby amended to read as follows:
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 on that same board or commission.
7. Subsection D of section 2.40.100 of the Sacramento City Code is hereby amended to read as follows:
Ordinance 2024-XXX Month, Day, 2024 Page 3 of 5
D. A person who is prohibited from being appointed to a consecutive term pursuant to subsection A shall be eligible for reappointment to that same board or commission two years after the last date the member served on that same board or commission.
8. Section 2.40.110 of the Sacramento City Code is hereby amended to read as follows:
2.40.110 Eligibility.
A. City employees are ineligible to be members of boards or commissions, unless they are appointed in the capacity of their employment.
B. All members appointed to the City’s boards and commissions shall be residents of the City of Sacramento and remain residents for the entirety of their appointment. This subsection B does not apply to members of the Sacramento Youth Commission.
C. Members removed from a commission for violation of sections 2.40.080 or
2.40.120 may not be appointed to any city board or commission for the period of one year from the date of removal.
D. No person may appointed to serve on more than one board or commission concurrently. This subsection D does not apply to members of the Sacramento Relocation Appeals Board.
9. Section 2.40.150 of the Sacramento City Code is hereby amended to read as follows:
2.40.150 Voting.
A. 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.
B. Members must be physically present at the dais at the designated meeting location dais, or at a properly noticed teleconference location, to vote. Proxy or absentee voting is not permitted.
10. A new section 2.20.155 is added to the Sacramento City Code, to read as follows:
Ordinance 2024-XXX Month, Day, 2024 Page 4 of 5
2.40.155 Quorum
A majority of the number of seats established for a board or commission constitutes a quorum.
B. Except as amended by subsection A above, all provisions of chapter 2.40 remain unchanged and in full effect.
SECTION 2.
Chapter 2.68 of the Sacramento City Code is hereby deleted.
SECTION 3.
Chapter 2.72 of the Sacramento City Code is hereby deleted.
SECTION 4.
Chapter 2.90 of the Sacramento City Code is hereby deleted.
SECTION 5.
Chapter 2.108 of the Sacramento City Code is hereby deleted.
Adopted by the City of Sacramento City Council on by the following vote:
Ayes:
Noes:
Abstain:
Absent:
MAYOR
Attest:
Ordinance 2024-XXX Month, Day, 2024 Page 5 of 5
City Clerk
Passed for Publication:
Published:
Effective: