Berkeley Municipal Code Ch. 3.80 Abrogating Common Law Doctrine of Incompatible Public Offices With…

The City Council finds that the mere fact that a City commissioner is a member of two or more City boards or commissions with some overlapping responsibilities does not preclude the commissioner from adequately discharging their responsibilities. (Ord. 6876-NS § 1 (part), 2005)

A. The common law doctrine of incompatible public offices is hereby abrogated with respect to membership on two or more City boards or commissions. For purposes of this chapter, a City board or commission shall include any board or commission which is either elected or to which appointments are made by the City Council. The Berkeley Housing Authority Board shall be deemed a City commission for purposes of this chapter.

B. Nothing in this chapter shall be read to preclude the City Council from enacting any other ordinance to limit the number of commissions that any individual may serve on. (Ord. 6876-NS § 1 (part), 2005)

Except as provided in the City Charter or City Ordinance, City employees, including those that are elected officials, may not be appointed to, and are prohibited from serving on, non-elected Boards and Commissions in the City of Berkeley. (Ord. 7460-NS § 2, 2016)