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WHEREAS, on November 8, 2016 the citizens of the City of San Bernardino enactet a new City Charter- and5
WHEREAS, the City Council desiresto amendthe City of SanBernardino Municipao Code to implement the new City Charter, which took effect on January, 31, 2017.
NOW9 THEREFORE9 THE MAYOR AND CITY COUNCIL OF THE CITY OF 0 SAN BERNARDINO DO ORDAIN AS FOLLOWS.
SECTION 1. Chapter 2.58 of the SanBernardino Municipal Code is hereby repealed and replaced in its entirety with the following:
2.58.010 Mayor and City Council
A. Regular meetings of the Mayor and City Council of the City of San Bernardino shall be held on the first and third Wednesdays of each month commencing at four p. m. ( 4 p.m.) for Closed Session and at five p. m. ( 5 p.m.) for Open Session at the City Council Chambers, City Hall, 300 North " D" Street, San Bernardino, California, or such other location within the City asmay be properly noticed.
B. Such meetings shall be adjourned, held and continued in accordance with the provisions of Government Code Sections 54954, 54955, 54955. 1, 549565 54956. 5 and other applicable sections and any amendments thereto. Regular meetings shall be held at the City Hall of the City, or suchother location within the City asmay b1f properly noticed. Adjourned meetings, special meetings and adjourned special meetings may be held at any convenientlocation approvedby the Mayor and City Council either within or without the corporate limits of the City, as may be permitted by statelaw.
2. 58. 020 Meetings of boards, commissions and committees The dates, times and places of regular meetings of all boards, commissions and committees of the City shall be setforth in one or more ordinancesor resolutions of the Mayor and City Council.
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As provided in Section 302 of the Charter, the City Council and Mayor are required to implement a Code of Conduct to guide their interactions and create accountability.
In accordance with Section 302, the members of the City Council shall conform their conduct to the following rules:
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A. The role of the City Council is legislative in character, which includes the power to set policy, approve contracts and agreements not within the authority of the City Manager or his subordinates, and undertake other obligations consistent with the Charter and Code, while deferring to the discretion of managementand staff to choose the appropriate means to achieve the Council' s goals
B. The City Council, asthe electedbody serving all of the residentsof the City, sha perform its duties and exercise its - powers in a manner that serves the best interests ollthe entire City, rather than any particular geographic area or special interest.
2. 58. 040 Mayor' s Conduct - Generally
A. The Mayor will build consensuswith the City Council to createandimplement a shared vision and plan of implementation to restorethe City' s fiscal integrity.
B. The Mayor will establishandmaintain partnershipsand regional leadershiproles to advance the City' s interest.
W. The Mayor will be the presiding officer at meetings of the City Council and will fully participate in discussions.
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i ne Mayor will work with the City Council and City Manager to coordinate goal setting and the performance evaluation of the City Manager.
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The residents and businesses of the City of San Bernardino are entitled to have fair, ethical and accountable local government which has earned the public' s full confidence for integrity. The City will operatein an open, honest and transparent manner. To this end, the Mayor and City Council of the City of San Bernardino will adhereto the following Code of Conductto assurepublic confidence in the integrity of local government, its effective operations, and fair treatment of people.
A. The professional and personal conduct of the Mayor and City Council must be above reproach and avoid the appearance of impropriety. The Mayor and members of the City Council shall refrain from abusive conduct, personal or verbal attacks upon the character or motives of each other, the staff or the public.
B. The Mayor and members of the City Council shall perform their duties in accordance with the procedural rules for meetings, established by them, in governing the deliberation of public policy issues, involvement of the public and the implementation of policy decisionsof the Mayor and City Council by City staff.
C. The Mayor and City Council shall prepare themselves for public issues; listen courteously and attentively to all public discussionsbefore the body; and focus on 2 the business at hand. They shall refrain from interrupting other speakers; making personal commentsnot germaneto the businessof the body; or otherwise interfering with the orderly conduct of meetings.
D. The Mayor and City Council shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
E. The Mayor and City Council shall publicly share substantive information that is 2 3
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28 N. With respect to communications with the City Manager and staff:
1. Unless it is a simple inquiry, the Mayor or membersof the City Council Will contactthe City Managerbefore going to DepartmentHeads.
2. When contacting Department Directors through e-mail, the Mayor and Council Members will copy the City Manager as a courtesy.
3. The City Manager will ensurethat the Mayor and City Council are proactively informed on major policy issues or issues that may attract media or public attention; likewise, the Mayor and City Council members will give the City Manager notice if he or she learns of issues of concern.
4. The Mayor, City Council, City Manager and staff will not blindside each other in public.
5. Council members are encouraged to submit questions on agenda items to the City Manager asfar in advanceof the meeting aspossible so that staff can be prepared to respond at the meeting.
6. The Mayor and City Council will refer citizen complaints to staff and give them adequate time to respond. Staff will report back to the Council through theCity Manager on the resolutions of these complaints.
7. The Mayor and Councilmembers will be provided with information from staff and other memberson an equal basis sothat they areequally prepared to make good decisions.
2.58.060 Prohibiting disruptive conduct at meetings
The Mayor or any member of the City Council shall not engagein disorderly or disruptive conduct - in the presence of the City Council at public meetings, which conduct actually disrupts, disturbs or impedes the City Council meeting. The City Council shall have power to punish the Mayor or any of its membersfor disorderly or disruptive conduct -in its presenceafter first providing notice of the prohibited behavior andan opportunity to be heard. The fine shall not exceedthe sum of fifty dollars.
2. 58. 070 Willful Disruptions of Meetings of the Mayor and City Council Understanding that the purpose of the meetings of the Mayor and City Council is to conduct the people' s business for the benefit of all the people, in the eventthat any meeting of the Mayor and City Council is willfully disrupted by a person or by a group of personsso asto actually impair the orderly conduct of the meeting, the Mayor may proceed pursuant to Government Code § 54957. 9 or any applicable penal statute or ordinance. For the purposes of these rules " willfully disrupt" includes, but is not limited to,, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of law:
a. Addressing the Mayor and City Council without first being recognized. b. Persisting in addressing a subject or subjects, other than that before the Mayor anj nk
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28 2. 58. 080 Holidays
In the event the dateof a meeting falls on a City holiday, the next businessday following suchholiday shall be the meeting date,, at the same time and place, except as tetermined by the City Council.
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The clerk or secretaryof eachboard, commission and committee shall review and be familiar with the provisions of the Ralph M. Brown Act, Government Code Section 54950, et seq.
2. 58. 100 Continuances; fee
Any person, firm, corporation or other entity having an appeal, or other item on the agendaof the Mayor and City Council may requesta continuanceof suchitem by ba request - t ere f o - to --t i Clsu — c
requestmust be accompaniedby a processing fee established by resolution of the Mayor and City Council. The granting of a continuance shall be subject to the complete discretion of the Mayor and City Council taking all of the facts and circumstances of the matter into consideration. If the request for continuance is received by telephonic communication or other meanswhere the requester is not present, the continuance may be granted subject to the receipt of the processing fee prior to the new agenda date. Should the request for a continuance be denied any processingfee paid shall be returnedupon application madeby the payor within ninety 90) days. Any subsequentrequestfor acontinuance shall require an additional fee.
The fee provided for by this ordinanceandsetby any resolution adopted pursuant 1 2
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2 theretoshall not apply to any continuancerequestedby the City, any department or officer thereof or by any agencyor otherentity which is funded primarily by the City.
SECTION 2. INCONSISTENCIES. Any provision of the SanBernardino Municip Code or appendices thereto inconsistent with the provisions of this ordinance,, to the extent o such inconsistencies, is hereby repealedor modified to the extent necessaryto effect the provisions of this ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word in this Ordinanceor anypart thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competentjurisdon, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4, PUBLICATION. This Ordinance shall take effect and be in full force thirty ( 30) days from and after the passage thereof, and - prior to the expiration of fifteen ( 15) days from its passage shall be published once in a newspaper of general circulation, printed andpublished in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinanceandacertified copy of the text of this Ordinance shall be posted in the office of the City Clerk five ( 5) days prior to the date of adoption of this Ordinance, and within fifteen ( 15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same.
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