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Title 2 — ADMINISTRATION AND PERSONNEL

Chapter 2.16 — COMMISSIONS GENERALLY

Brea Municipal Code · 2026-07 edition · updated 2026-10-01 · Brea

§ 2.16.010. Purpose.

The purpose of this chapter shall be to prescribe the procedures by which the commissioners of the Planning Commission; Parks, Recreation and Human Services Commission; and the Cultural Arts Commission of the city shall be appointed and/or removed. (1961 Code, § 2.52; Ord. 930; Ord. 1205, 10-16-2018)

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§ 2.16.020. Definitions.

For purposes of this chapter, the following definitions shall apply:

"Qualifying applicant." A resident of the city who has completed and timely returned the application form to the City Clerk.

"Relative." A spouse, child, step-child, parent, step-parent, parent-in-law, legal guardian, brother, sister, brother-in-law, sister-in-law, step-brother, step-sister, aunt, uncle, niece, nephew, grandchild, grandparent, regardless of their place of residence, or any other individual related by blood or marriage living within the same household as a Council Member nominating or voting on such person's appointment to a commission. (Ord. 1205, 10-16-2018)

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§ 2.16.030. Application process.

  • A. Posting and publishing of vacancies. The City Clerk shall annually post and publish notice of present and pending vacancies, including those arising from the expiration of a term, on the various commissions in a manner consistent with the provisions of Cal. Gov't Code § 54972 et seq., as amended.

  • B. Application. The applicant shall be required to obtain, complete and return to the City Clerk a written application for consideration of appointment to the commission. The City Clerk shall utilize an application form which has been approved by the City Council. The applications shall be filed not less than forty-five (45) days before the date of the scheduled vacancy; unscheduled vacancies shall be processed pursuant to Cal. Gov't Code § 54974.

  • C. Minimum content of application form. The application form shall, at minimum, request that the applicant provide the following information:

    1. Full name.

    2. Address of residence.

    3. Telephone number (daytime).

    4. Commission to which appointment is sought.

  1. Qualifications or experience believed to be relevant to commission membership.

(1961 Code, § 2.53; Ord. 930; Ord. 1205, 10-16-2018)

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§ 2.16.040. Commissioner appointment.

  • A. Ad hoc committee interviews. The City Council shall designate two members to serve on an ad hoc committee for applicant interviews. Within ten (10) working days, the City Clerk shall obtain dates and times at which the ad hoc committee may be available to interview the qualifying applicants. The City Clerk shall inform, in writing, the qualifying applicants of the dates and times the ad hoc committee is available for interviews, and further, shall schedule such appointments, as the qualifying applicants may request at times consistent with the ad hoc committee's availability. Any Council Member shall not be required to disclose the specific details of any interview conducted but shall be required to confirm to the Council that an interview did or did not occur.

  • B. Nominations/appointments. Each Council Member shall nominate for appointment one (1) qualifying applicant, and such nominee shall be appointed upon an affirmative vote by not less than three (3) Council Members, one (1) of which may be the vote of the nominating Council Member. An applicant's nomination which fails to receive at least three (3) affirmative votes shall be deemed denied, and such applicant shall not be further considered for membership on the commission. However, such candidate may be considered, subject to the same vote requirements and limitation, for other appointive commissions of the city. In the event any Council Member does not nominate a qualified applicant, or such Council Member's nominee is not appointed, within thirty (30) days following the vacancy of such Commissioner's seat, the City Council as a whole may, by majority vote of the Council, make such appointment.

(1961 Code, § 2.54; Ord. 930; Ord. 1205, 10-16-2018; Ord. 1219, 12-15-2020)

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§ 2.16.050. Prohibition against nepotism.

No Council Member shall nominate or vote for a relative for membership on any commission in the city.

(1961 Code, § 2.55; Ord. 930; Ord. 1205, 10-16-2018)

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§ 2.16.060. Commissioner removal.

Any member of a commission may be removed by the City Council without cause during such commissioner's term of office. Removal may be made upon an affirmative vote of not less than three (3) Council Members, one (1) of which must be the Council Member who nominated such commissioner unless the nominating Council Member is no longer on the Council. Alternatively, if the Council Member who nominated such commissioner is opposed, then removal may be made upon an affirmative vote of four-fifths (4/5) of the City Council. (1961 Code, § 2.56; Ord. 930; Ord. 1205, 10-16-2018)

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§ 2.16.070. Terms of office.

Other than as expressly provided herein, the term of office for each commission position shall be four (4) years. The term of office of each commission position shall commence on January 1 of the calendar year following the last general municipal election prior to the initial appointment of a commissioner to such position and shall terminate on December 31 of the third calendar year following.

(1961 Code, § 2.57; Ord. 930; Ord. 1205, 10-16-2018)

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§ 2.16.080. Vacancies.

If a Commission vacancy occurs other than by expiration of a term of office, it shall be filled for the unexpired portion of the term by the procedures provided in this chapter. If the vacancy is effected by the removal process specified in this chapter, the person so removed may not be appointed to fill the vacancy.

(1961 Code, § 2.58; Ord. 930; Ord. 1205, 10-16-2018)

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