ORDINANCE NO. MC-1463
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 3 BERNARDINO, CALIFORNIA AMENDING TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE, ADDING CHAPTER 2.19, ESTABLISHING AN ELECTED 4 OFFICIAL COMPENSATION ADVISORY COMMISSION
5 WHEREAS, the People of the City of San Bernardino adopted a new Charter at the 6 November 8, 2016 municipal election; and
7 WHEREAS, the new Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and 8 WHEREAS, section 305 of the new Charter requires that compensation for elected 9 officials be adopted by ordinance, after public hearing, and considering the recommendations 10 of an advisory commission charged with periodic review of compensation for elected officials; and
11 WHEREAS, the City Council desires to create an advisory commission to review and 12 make recommendations to the City Council for compensation of elected officials. 13 NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF 14 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
15 SECTION 1. Title 2 of the San Bernardino Municipal Code is hereby amended by 16 adding the following Chapter 2.19 (Elected Official Compensation Advisory Commission) as 17 follows:
18 19 Chapter 2.19
ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION
20 Sections:
2.19.010 Purpose
21 2.19.020 Members - Appointment
2.19.030 Duties
22 2.19.040 Meetings
23 2.19.010 Purpose
24 The Elected Official Compensation Advisory Commission is hereby established to 25 provide the Mayor and Council Members with recommendations regarding compensation 26 to be established for City-elected officials, on a periodic basis as provided for herein. 27 2.19.020 Members - Appointment
28 The Elected Official Compensation Advisory Commission of the City shall consist 1 of nine members who shall serve at the pleasure of the Mayor and City Council. Members 2 shall be appointed and serve pursuant to the provisions of Chapter 2.17. 3 2.19.030 Duties
4 The Elected Official Compensation Advisory Commission shall:
5 A. Serve in an advisory capacity to the Mayor and City Council in making 6 recommendations relating to the compensation of city-elected officials. 7 B. Conduct a compensation survey of city-elected officials in other California charter 8 and/or general law cities.
9 C. Review Government Code provisions for compensation of city-elected officials of general law cities.
10 11 D. Provide compensation recommendations to the Mayor and City Council pursuant to Section 305 of the City Charter.
12 E. Encourage public participation in the process.
13 14 2.19.040 Meetings
15 The Elected Official Compensation Advisory Commission shall hold meetings and shall function pursuant to the provisions of Chapter 2.17 except that the meetings shall be 16 held solely upon request for compensation review by the Mayor and City Council. 17 SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal 18 Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of 19 such inconsistencies, is hereby repealed or modified to the extent necessary to effect the 20 21 provisions of this Ordinance.
22 SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, 23 clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be 24 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 25 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 26 27 part thereof. The Mayor and City Council hereby declares that it would have adopted each 28 2
section irrespective of the fact that any one or more subsections, subdivisions, sentences, 1 clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. 3 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 5 (15) days from its passage shall be published once in a newspaper of general circulation, printed 6 and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be 7 8 published a summary of this Ordinance and a certified 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, 10 and within fifteen (15) days after adoption, the City Clerk shall cause to be published the 11 aforementioned summary and shall post in the office of the City Clerk a certified copy of this 12 Ordinance together with the names of the members of the City Council voting for and against 13 14 the same.
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3 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 1 BERNARDINO, CALIFORNIA AMENDING TITLE 2 OF THE SAN BERNARDINO 2 MUNICIPAL CODE, ADDING CHAPTER 2.19, ESTABLISHING AN ELECTED
OFFICIAL COMPENSATION ADVISORY COMMISSION
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 5 and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 215 day of February 2018, by the following vote, to wit:
7 8 Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA X (M)
12 13 SHORETT
14 NICKEL
15 RICHARD
16 x (S)
MULVIHILL
17 18 Wine
Georgeany Hanna, CMC, City Clerk
19 20 The foregoing Ordinance is hereby approved this 21 day of February 2018. 21 Onut
22 23 City of San Bernardino
Approved as to form:
24 Gary D. Saenz, City Attorney
25 By: lenaGuider
26 27
28 4