Cudahy Municipal Code Ch. 2.32 City Commissioners

Prior legislation: Ords. 482 § 1, 395 § 1, 213 § 1; 2002 Code § 2-4.6.

All commissions shall consist of five members (“commissioners”). No person shall be qualified for appointment to any commission unless such person is either a resident of the city, business owner in the city, employed in the city, or employed at a nonprofit that provides services for the city. Current elected officials from the city and all city employees are prevented from serving on any commission. Immigration status will not be verified.

Each person seeking appointment to a commission shall complete an application provided by the city and submit to a Live Scan background check after being appointed to a commission and before being sworn into office. Live Scan background checks are confidential and are not a public record. (Ord. 719 § 2, 2022).

Each member of the city council shall have authority to appoint one member to each commission. Each councilmember shall appoint their commissioner within 30 days of assuming office or from a vacancy occurring for said commission. If no appointment is made within 60 days after assumption of office of the appointing councilmember, the city council shall appoint a commissioner to the vacant seat by a majority vote.

Each commissioner shall serve on only one commission at a time; occupation of two or more commission seats at one time will disqualify the individual from all commissions.

No commissioner shall serve on the board of any nonprofit sponsored by the city while occupying a commissioner seat; failure to recuse themselves from the board of a city sponsored nonprofit will disqualify the individual from the commission.

Commission members may be removed from their appointment due to disqualification as provided in this chapter or upon the sole decision by the councilmember who appointed said commissioner. All appointments and removals of commissioners shall occur during an open meeting of the city council. If removal of a commissioner occurs, the city clerk shall send notice to that commissioner at the last address on file with the city. (Ord. 723 § 2, 2022; Ord. 719 § 2, 2022).

Each commissioner shall serve one four-year term, unless removed by the appointing councilmember or as a result of disqualification as set forth herein. No commissioner shall serve for a period which exceeds the time in office for the councilmember appointing said commissioner. In the event that the appointing councilmember completes his or her term, vacates office, or is no longer holding office, the term of the commissioner appointed by said councilmember shall be terminated concurrently. Nothing contained in this section shall prevent a councilmember, whether newly appointed or not, from appointing the individual back to the same commission or to a different commission. (Ord. 719 § 2, 2022).

Each appointed commissioner shall, within 90 days of appointment, certify in writing that they have completed all city-sponsored trainings required for commissioners; required trainings will include, but are not limited to, the Brown Act, Robert’s Rules of Order, conflicts of interest, code of conduct, and ethics. Failure to complete all required trainings will result in disqualification of the commissioner. (Ord. 719 § 2, 2022).

All commissioners must agree to sign and abide by the commissioner code of conduct set by resolution. Failure to abide by the code of conduct will result in disqualification of the commissioner by a majority vote of the council. (Ord. 719 § 2, 2022).

Any commissioner with three unexcused consecutive absences will immediately, after adjournment of the third consecutive meeting, result in a vacant seat unless his or her absence is excused by a majority vote of the other commissioners and reflected in the official minutes of the commission. (Ord. 719 § 2, 2022).

If for any reason a vacancy occurs, the vacancy shall be filled by the councilmember who appointed said commissioner for the unexpired portion of such term. (Ord. 719 § 2, 2022).

When a commissioner no longer meets the qualifications for the commission as set by this chapter, the commissioner shall be disqualified, and the seat shall become vacant. (Ord. 719 § 2, 2022).

Three members of the commission shall constitute a quorum necessary to transact business; anything less than three members may adjourn the meeting until quorum can be obtained. (Ord. 719 § 2, 2022).

The organization of each commission shall be set by resolution. (Ord. 719 § 2, 2022).

Each commission shall hold at least one regular meeting each month at such time and place set by resolution.

When a regular meeting falls on a legal holiday, the meeting shall be held at the same hour on the next regular business day after the holiday. All meetings of the commissions shall be open and public, and subject to all laws of the state of California, e.g., the Brown Act, Robert’s Rules of Order, Open Public Meeting Act. The commission shall adopt its own rules for the transaction of its business and keep a record of resolutions, findings and recommendations and actions voted upon. A report of each meeting of the commission shall be given to the city council once finalized and approved by the commission. (Ord. 719 § 2, 2022).

Each commission shall be limited to no more than three special meetings per fiscal year with compensation. If a clerical error is caused by city staff that requires the commission conduct a special meeting, the commission will be allowed to conduct such meeting with compensation. (Ord. 719 § 2, 2022).

Commissioners shall receive a stipend for their attendance at each meeting in the amount set by resolution. (Ord. 719 § 2, 2022).

The city council will hold annual reviews, at the time set by resolution, to evaluate whether each commission is still necessary. Should the council decide to terminate a commission, termination of any commission shall require a majority vote of the city council during open session of a regular meeting.

Commissions created with a set expiration date included in the resolution will not require any additional city council action prior to termination. (Ord. 719 § 2, 2022).