City of Sacramento
Personnel and Public Employees Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01558 8/27/2024 Discussion Item 1.
Policy Discussion of Amendments to Sacramento City Code Related to City Commissions File ID: 2024-01558
Location: Citywide
Recommendation: Review and provide direction on various chapters in Title 2 of the Sacramento City Code.
Contact: Mindy Cuppy, MMC, 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, MMC, City Clerk, (916) 808-5442, [email protected], Office of the City Clerk
Attachments:
1-Description/Analysis
2-Options for Policy Discussion of Amendments to Sacramento City Code Related to City Commissions
Description/Analysis
Issue Detail: On June 11, 2024, staff presented to the Personnel and Public Employees (P&PE) Committee and ordinance update amending various chapters in Title 2 of the Sacramento City Code, Relating to City Commissions.
The committee directed that staff bring back a report so that the following provisions could be deliberated before bringing the ordinance for their approval:
· City Code Chapter 2.40.160 related to ad hoc committees and subcommittees. · Definition of quorum.
· City Code Chapter 2.40.080 related to failure to attend meetings. · City Code Chapter 2.40.060 related to vacancies (term extensions).
Policy Considerations: Various chapters in Title 2 of the Sacramento City Code.
File ID: 2024-01558 8/27/2024 Discussion Item 1.
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 committee directed that staff bring back a report for deliberation on these chapters.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.Page 2 of 2 Title 2 Amendment Discussion Page 1 of 10
Options for Policy Discussion of Amendments to Sacramento City Code Related to City Commissions
Ad Hoc Committees and Subcommittees (2.40.160) – Options for Discussion C
urrent Code: City boards and commissions may not establish ad hoc committees.
O
ptions:
1. L
eave current code intact.
2. D
elete 2.40.160 thus allowing commissions to create ad hoc committees. • D
irect the City Clerk to collaborate with the City Attorney and create a process for commissions to establish ad hoc committees, including presenting the process to each commission.
R
elevant Code:
Sacramento City Code Title 4 – Ethics and Open Government, Section 4.04.040 (Adopted 2017)
A. C
ouncil ad hoc committees shall be considered city legislative bodies subject to the Ralph M. Brown Act.
B. The chair of a council ad hoc committee shall provide an oral report at the first council meeting following an ad hoc committee meeting.
C. The city clerk shall place an item on the council agenda, including a written report, when a council ad hoc committee is dissolved.
Government Code Section 54952 (b)
As used in this chapter, “legislative body” means a commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter
Title 2 Amendment Discussion Page 2 of 10
jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.
Comparable Cities:
Of the jurisdictions surveyed, the following allow commissions to establish ad hoc committees:
• Sacramento County (unless bylaws explicitly exclude it) • Fresno (by resolution)
• Long Beach
• Los Angeles
• Riverside
• San Diego
• San Jose
• Santa Monica
Of the jurisdictions surveyed, the following DO NOT allow commissions to establish ad hoc committees:
• San Mateo
Title 2 Amendment Discussion Page 3 of 10
Commission Quorum – Options for Discussion
Current Definition: A majority of the members of a legislative body constitutes a quorum.
Options:
1. Quorum consists of a majority of the members of the commission.
2. Quorum consists of a majority of members of the commission then in office.
• Direct the City Clerk and City Attorney to update city code to set a voting requirement?
Relevant Code:
Sacramento City Charter § 30 Rules, quorum and voting.
(a) The city council shall determine its rules of procedure according to rules which it shall adopt.
(b) A majority of the members of the council then in office shall constitute a quorum, except that a lesser number may adjourn from time to time and may compel attendance or absent members in a manner provided by ordinance or resolution.
(c) The city council shall act only by ordinance, resolution or motion. Except as otherwise provided in the Charter the affirmative vote of five council members or the council shall be necessary to pass any ordinance, resolution or motion. The council shall be a continuing body and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of said body or any of them.
Government Code Section 54952.2 (Ralph M. Brown Act)
(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
Title 2 Amendment Discussion Page 4 of 10
Government Code Section 54952 (Ralph M. Brown Act)
As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.
Rosenberg’s Rules of Order
A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body.
Black’s Law Dictionary
The smallest number of people who must be present at a meeting so that official decisions can be made; specif., the minimum number of members (a majority of all the members, unless otherwise specified in the governing documents) who must be present for a deliberative assembly to legally transact business.
Office of Attorney General Opinion No. 10-901, December 28, 2011
In 2011, Kamala Harris, the then California State Attorney General opined that quorum as it relates to legislative bodies is a simple majority (half + 1).
Concluding that not only did existing statutes support this opinion it is a common understanding of the public as well. Further that the policy of a simple majority is “is especially important when, as here, many of the body's members are appointed not as at-large representatives of the general public, but as the voice of a particular constituency or interest group.” Although the City Council may define quorum differently there is concern that having quorum be less than a simple majority it could cause confusion and is not keeping with the City’s transparency mission.
Title 2 Amendment Discussion Page 5 of 10
Comparable Cities:
Of the jurisdictions surveyed, the following define quorum as a majority of the legislative body.
• Fresno (unless otherwise stated in bylaws)
• Long Beach
• Los Angeles
• Riverside
• San Diego (unless otherwise stated in bylaws)
• San Jose
• San Mateo
• Santa Monica
Sacramento County commented that it varies. For CPAC’s it’s a majority of appointed members (not total seats on board). Other boards are standard majority members present irrespective of vacant/appointed seats.
Title 2 Amendment Discussion Page 6 of 10
Failure to Attend Meetings (2.40.080) – Options for Discussion
Current Code:
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.
Options:
1. Leave current code intact.
2. Remove all attendance requirements – delete 2.40.080.
3. Modify attendance requirements
Excused/Unexcused:
a. UNEXCUSED: Three consecutive unexcused absences from regular meetings shall be deemed good cause for removal of such member from office under the provisions of section 232 of the Sacramento City Charter.
b. EXCUSED: Four excused absences in a calendar year (January-December) from regular meetings shall be deemed good cause for removal of such member from office under the provisions of section 232 of the Sacramento City Charter. Excused defined as notification of an absence.
Absences:
c. JUST ABSENCES: Four absences in a calendar year (January-December) from regular meetings shall be deemed good cause for removal of such member from office under the provisions of section 232 of the Sacramento City Charter.
Councilmember To Take Action:
d. If a commissioner is absent for three consecutive meetings or for 15% of scheduled meetings in a calendar year, the City Clerk will notify the recommending councilmember or (Personnel and Public Employees) P&PE Chair who may take action to vacate the seat.
• Four absences in a calendar year (January-December) from regular meetings shall be deemed good cause for removal of such member from office under the provisions of section 232 of the Sacramento City Charter.
Title 2 Amendment Discussion Page 7 of 10
Relevant Code:
Attendance was originally codified in Ordinance 89-065 in September of 1989:
(a) The failure of any member of any board or commission described in sec.
60.10 to attend three (3) consecutive regular meetings shall be deemed good cause for removal of such members from office under the provisions of Section 232 of the Sacramento City Charter.
(b) 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 (2) consecutive meetings which have been called pursuant to law shall be deemed good cause for removal from office under the provisions of Section 232 of the Sacramento City Charter.
Comparable Cities:
Of the jurisdictions surveyed, below are each city’s policies:
Sacramento County – Varies:
• Example: The Behavioral Health Youth Advisory Board allows 5 unexcused absences within a 12-month period automatically deems a resignation or three or more in succession without the approval of the majority of the board automatically declares the seat vacant.
• Example: Sacramento County Alcohol and Drug Advisory Board is 3 excused or unexcused absences annually, the Chair or designee initiates a letter to the member to affirm intent to remain active and no response within 30 days constitutes a resignation and after the fourth, the process repeats itself.
Fresno
• No member of the Commission shall be absent from three regular Commission meetings during a single fiscal year. Should a Commissioner accrue three unexcused absences, the Secretary of the Commission will notify that Commissioner in writing. An excused absence from a Commission meeting may be obtained by providing notice of the proposed absence, verbally or in writing, to either the Chairperson or the Secretary.
• Members may be removed by motion of the City Council adopted by at least five affirmative votes. If a member of the Commission does not attend three consecutive regular meetings of the Commission, unless excused by majority vote of the Commission, that member shall be automatically terminated and the vacancy shall be filled as set forth in Section 2 above.
Title 2 Amendment Discussion Page 8 of 10
Long Beach
A member shall be immediately and automatically removed from such body if they are absent from three (3) consecutive meetings without permission of the body expressed in the official minutes of the body's meetings.
Riverside
1. Attendance: If a Board/Commission member fails, for any reason, to attend three consecutive regular meetings without cause, that member shall automatically be considered for replacement. The Chair of the Board/Commission shall inform the City Council, through the City Clerk, of such a situation, explaining any extenuating circumstances resulting in the absences.
2. Absences and vacancies: If a member of a Board/Commission absents himself/herself from three consecutive regular meetings of such Board/ Commission, unless by permission of such Board/Commission expressed in its official minutes, or is convicted of a crime of moral turpitude, or ceases to be a qualified elector of the City, the office shall become vacant and shall be so declared by the City Council.
San Jose
A. A member of any board or commission, other than the planning commission, the salary setting commission and the civil service commission, shall be deemed to have automatically resigned from office if:
1. The board or commission has four or fewer regular meetings in any calendar year, and the member has unexcused absences from any two consecutive regular meetings of the board or commission; or
2. The board or commission has more than four regular meetings in any calendar year, and the member has unexcused absences from either:
a. Any three consecutive regular meetings of the board, or commission; or b. More than twenty percent of the total number of regular meetings in any calendar year, or if the member was appointed to fill a vacancy, more than twenty percent of the total number of remaining regular meetings in that calendar year.
B. For purposes of this section, the following shall not be considered an unexcused absence:
1. An absence due to an illness of the member, or illness or death of a member's spouse, domestic partner, parent, child, sibling or dependent; or Title 2 Amendment Discussion Page 9 of 10
2. An absence because a member is away on authorized board or commission business; or
3. For any member who is a city councilmember or a city employee, an absence due to the member performing required city business; or
4. An absence from a meeting of the board of administration for the federated city employees' retirement system or of the board of administration for the police and fire department retirement plan which the board of administration has found to be for good cause; or
C. Within a reasonable period, but not exceeding ten days after a member has been deemed to have resigned pursuant to this section, the secretary of the board or commission shall notify the city clerk of the vacancy and the city clerk shall thereupon notify the member that the member is deemed to have resigned pursuant to this section. The city clerk shall simultaneously notify the city council that the vacancy exists as a result of the automatic resignation.
San Mateo
If a commissioner is absent for three consecutive meetings or for 15% of scheduled meetings annually, the City Clerk will notify Council who may take action to vacate the seat.
Santa Monica
A. An absence is defined as a failure to attend at least two-thirds of a regular or special meeting.
B. An absence is considered excused when a member communicates the member’s absence to the Chair or staff liaison prior to the start of a regular or special meeting.
C. An absence is considered unexcused when a member does not communicate that member’s absence to the Chair or staff liaison prior to the start of a regular or special meeting, or, in the event of an emergency, as soon as practicable after the emergency but in no event later than two calendar days after the start time of the meeting.
Los Angeles and San Diego commented that attendance may vary by commission.
Title 2 Amendment Discussion Page 10 of 10
Commissioner Vacancies/Term Extensions (2.40.060) – Options for Discussion
Current Code: 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.
Options:
1. Leave current code intact.
2. Add clarifying language to Subsection B of section 2.40.060 of the Sacramento City Code:
• 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 if it is determined by staff that an extended term would be advantageous to complete a project or if the commission is experiencing challenges establishing a quorum.
Comparable Cities:
Of the jurisdictions surveyed, the following allow commissioners to “hold over” after the expiration of their term:
• Sacramento County
• Long Beach
• Los Angeles
• Riverside
• San Diego
• Santa Monica
Of the jurisdictions surveyed, the following DO NOT allow commissioners to “hold over” after the expiration of their term:
• San Jose
• San Mateo
Fresno commented that it may vary by commission based on their enacting documents/bylaws.