Calexico Municipal Code Ch. 2.19 Eligibility and Procedures for Commissions, Boards and Committees

Footnotes:

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Editor's note— Ord. No. 1159, § 1, adopted February 3, 2015, repealed ch. 2.19, §§ 2.19.010—2.19.080, and enacted a new ch. 2.19 to read as set out herein. Former ch. 2.19 pertained to similar subject matter and was derived from Ord. 1026 § 1 (part), adopted 2005; Ord. 1056 § 1, adopted 2007; Ord. No. 1069, § 1, adopted February 19, 2008; Ord. No. 1093, § 1, adopted July 21, 2009 and Ord. No. 1095, § 1, adopted July 21, 2009.

A. Appointments to all city commissions, boards and committees, shall be made by the following process:

1. Five-Member Commissions, Boards or Committees.

a. Each city council member will appoint one commissioner, board member or committee member. If after a reasonable amount of time (not to exceed forty-five days after an election is certified or vacancy otherwise exists), a city council member has failed to make an appointment, the appointment will be made by a majority vote of the city council and the appointee shall continue for the duration of the term of office of the city council member who failed to make the appointment and shall not be removed from office except by majority vote of the city council. When the term of a commissioner, board member, or committee member appointed by the majority vote of the city council expires or the member's seat becomes vacant, the original council member who failed to appoint that member shall regain the ability to make an appointment for that particular commission, board, or committee.

b. This subsection will not apply to the planning commission where instead commissioners will be chosen pursuant to an application, interview, and appointment process set by city council resolution.

2. Seven-Member Commissions, Boards or Committees.

a. Each city council member will appoint one commissioner, board member or committee member. If after a reasonable amount of time (not to exceed forty-five days after an election is certified or vacancy otherwise exists), a city council member has failed to make an appointment, the appointment will be made by a majority vote of the city council and the appointee shall continue for the duration of the term of office of the city council member who failed to make the appointment and shall not be removed from office except by majority vote of the city council. When the term of a commissioner, board member, or committee member appointed by the majority vote of the city council expires or the member's seat becomes vacant, the original council member who failed to appoint that member shall regain the ability to make an appointment for that particular commission, board, or committee.

b. The remaining two members will be appointed by majority vote of the city council for a two year term. If the member's seat becomes vacant during the term, a new member will be appointed by a majority vote of the city council to serve out the remainder of the term.

c. This subsection will not apply to the community policy advisory, traffic and code enforcement commission where instead each council member will appoint one commissioner, the city manager will appointment one commissioner, and the chief of police will appoint one commissioner.

3. All commissioners, board members and committee members will be chosen pursuant to an application, interview, and appointment process set by city council.

B. Pursuant to this code and Government Code Section 54974, the following procedures shall be employed in filling vacancies on commissions, boards and committees in the city:

1. The city clerk shall advise the city council of the names of those persons whose term of office on a city commission, board or committee will be expiring thirty days prior to such expiration.

2. The city clerk shall promptly advise the city council of any unscheduled vacancy whether due to resignation, death, termination or other causes.

a. Whenever an unscheduled vacancy occurs in any commission, board or committee for which the city council has the appointing power, whether due to resignation, death, termination or other causes, a special vacancy notice shall be posted in the office of the city clerk, and in other places as directed by the city council not earlier than twenty days before or not later than twenty days after the vacancy occurs. Final appointment to the board, commission or committee shall not be made by the city council for at least ten working days after the posting of the notice in the city clerk's office.

b. Notwithstanding subsection (C)(2)a of this section, the city council may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. Such emergency appointments shall be made by the mayor with the approval of the city council. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.

3. The department director of the department assigned to each city commission, board or committee shall notify the city clerk of any position which should be declared vacant pursuant to the provisions of this code or state law. The city clerk shall in turn advise the city council of all such notification.

4. The city council shall provide by ordinance any additional procedures necessary for appointments to commissions, boards and committees.

(Ord. No. 1226, § 1, 5-18-22; Ord. No. 1159, § 1, 2-3-15; Ord. No. 1241, § 1, 2-5-25)

A. Any member of the commission may resign from any commission, board or committee at any time.

B. A member of any commission, board, or committee may be removed at any time by the city council member who appointed such member to the respective commission, board, or committee for any reason and/or if absent from three regularly scheduled meetings in a calendar year. Such removal must be announced at a public meeting of the city council.

C. A member of any commission, board or committee appointed by majority vote of the city council, or by the city manager or department director on a seven-member commission, board or committee, may be removed at any time by majority vote of the city council for any reason. Such removal must be made at a public meeting.

D. Notwithstanding any other provision of this chapter, any member of any commission, board or committee (except non-voting ex-officio members) who absents himself or herself from any three regularly scheduled meetings (for any reason) in a twelve-month period shall automatically forfeit his or her position and shall automatically he removed from the membership of the commission, board or committee. Any member so removed shall not be reappointed for a period of one year to any city commission, board or committee. It shall be the responsibility of the assigned department to report attendance at each meeting of the commission, board or committee to the city cleric

E. Members will also be automatically removed for violating the Political Reform Act of 1974 as determined by the appropriate agency with authority to render such decisions or failing to comply with mandatory ethics training or conflict-of-interest filings required by the state or the city.

(Ord. No. 1226, § 1, 5-18-22; Ord. No. 1159, § 1, 2-3-15; Ord. No. 1241, § 1, 2-5-25)

A. To be eligible for, and to hold appointment, each appointee shall neither hold public office, or city employment, nor shall he/she be an officer of any local, state or national partisan official group. All members of commissions, boards and committees of the city shall be residents of the city or shall regularly work within the city.

B. Members of the city council may be appointed by the majority of the city council to attend commission, board or committee meetings as liaisons to the city council.

C. Appointee shall be subject to the conflict-of-interest sections of the Political Reform Act of 1974.

D. An individual may serve on only one committee, board or committee at any time.

E. The city manager or city council may authorize the reimbursement of reasonable expenses incurred by the members in the performance of their duties.

(Ord. No. 1226, § 1, 5-18-22; Ord. No. 1159, § 1, 2-3-15; Ord. No. 1241, § 1, 2-5-25)

In the event that any commissioner, board member, or committee member shall place his/her name as a candidate or permit his/her name to be placed as a candidate for any elective office in the city, the term of said commissioner shall automatically terminate effective on the date that his/her name is received by the public officer charged with the duty of receiving said names as candidates for elective office in the city.

(Ord. No. 1226, § 1, 5-18-22; Ord. No. 1159, § 1, 2-3-15)

A. The term of office of any commission, board, or committee member appointed under this chapter shall commence upon his/her appointment to said office and shall continue for the duration of the term of office of the appointing councilperson, automatically terminating at the day and hour that the city clerk shall certify the results of the election for the office to which the appointing councilperson was previously elected. If a councilperson is elected to serve another term of office, that councilperson shall make all new appointments to city commissions, boards, and committees. If the appointing councilperson shall die while holding office or be sooner removed from office by recall or resignation, the term of said councilperson's appointee shall terminate upon the appointment or election of a new city council member assuming the office of the said deceased or removed city council member.

In the event the nominating councilperson is not serving a full term, then his or her newly appointed commissioner, board member or committee member shall serve only for the unexpired portion of the council member's term.

B. All commission, board or committee members shall serve for a term of up to four consecutive years. Any member who has served a four-year term shall not be eligible for reappointment to any commission, board or committee for a period of two years. If a member serves for a portion of a term (less than four years), then he or she is eligible to be appointed for one consecutive four-year term prior to the required two-year break.

C. The term of office of any commission, board or committee member appointed by the city manager or department director on a seven-member commission, board or committee, shall be for a maximum of four years or as long as the city manager or department director maintains that particular position of employment with the city if less than four years. When a new city manager or department director is hired, the newly hired individual may remove or retain the current member appointed by the previous city manager or department director.

D. The term of office of a commissioner, board member, or committee member can also be terminated pursuant to Section 2.19.020.

(Ord. No. 1229, § 1, 3-15-23; Ord. No. 1226, § 1, 5-18-22; Ord. No. 1159, § 1, 2-3-15)

A. Any commissioner, board member, or committee member appointed pursuant to this chapter who is unable to attend a scheduled meeting shall immediately notify the city council member who appointed them of their anticipated absence at the meeting. The city council member who appointed the commissioner, board member, or committee member may serve as an alternate at the meeting.

B. Whenever a vacancy occurs on any commission, board, or committee, the city council member who has the power to appoint a successor pursuant to this chapter may serve as an interim member of the commission, board, or committee until the vacancy has been filled.

C. Any city council member serving as an alternate or interim member of a commission, board, or committee shall be counted for the purposes of reaching a quorum and may vote and otherwise participate in all matters before the commission, board, or committee.

D. This section does not apply to the planning commission, personnel commission, 2010 General Tax Citizen Oversight Committee, or business improvement district advisory board.

E. No more than two city council members may serve as alternates or interim members of the same commission, board, or committee at any given time.

(Ord. No. 1226, § 1, 5-18-22; Ord. No. 1159, § 1, 2-3-15)

A. The officers of city commissions, boards and committees shall consist of a chairperson and vice chairperson to be elected by the commission, board, or committee.

B. Each commission, board and committee shall make its own bylaws and fix the procedure for calling, holding and conducting meetings; providing, that such are not in conflict with the Brown Act or with the provisions of any laws of the state or the city. Bylaws shall be submitted to the city council for approval.

(Ord. No. 1226, § 1, 5-18-22; Ord. No. 1159, § 1, 2-3-15)

A. Except as otherwise provided in this code, each commission, board or committee shall meet monthly at a date and time to be determined by the commission, board or committee. Meetings shall not be held on legal holidays of the city.

B. Except as otherwise provided in this code, special meetings may be called by the department director, or city manager. Notice of special meetings shall be given each member of the commission, board or committee in compliance with the Brown Act and in a reasonable time in advance of the meeting.

C. For five-member commissions, boards, and committees, three voting members shall constitute a quorum for the purpose of transacting business. For seven-member commissions, boards, and committees, four voting members shall constitute a quorum for the purpose of transacting business. If there is no majority after fifteen minutes, the members may adjourn the meeting.

D. No recommendation for the expenditure of funds shall be taken by the commission, board or committee at any meeting other than a regular meeting by a majority vote, as long as it does not conflict with any state or city laws.

E. Each commission, board or committee shall keep a public record of its transactions, findings, determinations and recommendations.

F. All meetings shall be held at Calexico City Hall.

(Ord. No. 1226, § 1, 5-18-22; Ord. No. 1159, § 1, 2-3-15; Ord. No. 1241, § 1, 2-5-25)

A. All agenda item requests must be filed with the commission, board, or committee department director as provided for in the "Commission, Board and Committee Agenda Policy" as adopted by the city council. The department director will add items to future agendas at his or her discretion. Whenever feasible, each item on the agenda shall contain a staff recommendation and the specific action requested to be taken by the commission, board, or committee. All material pertaining to and accompanying the agenda shall be made available to the public when made available to the commission, board, or committee.

B. No matters other than those listed on the agenda shall be finally acted upon by the commission, board, or committee.

C. The business of the commission shall be taken up for consideration and disposition in the following order:

1. Call to order.

2. Pledge of Allegiance.

3. Approval of the agenda.

4. Presentations.

5. Public comments.

6. Consent calendar.

7. Discussion and potential action items.

8. Public hearings (planning commission only).

9. Information items.

10. Commissioner comments and reports of meetings attended (non-action items).

11. Department director's report.

12. Adjournment.

The regular order of business may be changed or suspended for any purpose at any particular meeting by the presiding officer with the consent of a majority of the commission members present.

(Ord. No. 1226, § 1, 5-18-22)

The city manager will assign a department to each commission, board or committee.

(Ord. No. 1226, § 1, 5-18-22; Ord. No. 1159, § 1, 2-3-15)

Each commission, board and committee may receive funds by an annual appropriation in the city budget or by government corporate or private grants or donations, and from the proceeds of city-approved functions. All such funds shall be held and managed as the city manager or city council may direct.

(Ord. No. 1226, § 1, 5-18-22; Ord. No. 1159, § 1, 2-3-15)