El Centro Municipal Code § 2-3 Automatic removal of board or commission members

Whenever a bond or undertaking shall hereafter be required under any provision of this Code or other ordinance of this city for the purpose of indemnifying the city against a loss or to secure the performance of any act or thing required by any provision of this Code or other ordinance, the surety upon such bond or undertaking shall be a corporation qualified and authorized under and by the laws of the state to execute such bonds or undertakings.

(Ord. No. 427, § 1; Code 1962, § 2-2)

A deposit of lawful money of the United States with the city in the penal sum of a bond or undertaking, as referred to in section 2-1, may be made in lieu of such bond or undertaking signed by corporate surety as required in such section.

(Ord. No. 427, § 1; Code 1962, § 2-3)

(a) If a member of any board or commission created and existing in the city, whether appointed for a fixed term or to serve at the pleasure of the city council does or fails to do any of the items listed in this subsection, then that member of such board or commission is automatically removed from office, the office becomes vacant, and the vacant office shall be filled as any other vacancy. A board or commission member is automatically removed from office and is not eligible for appointment to another board or omission within the city for any of the following:

(1) Failure to attend three (3) consecutive regular board commission meetings from the last regular meeting he or she attended without being granted an excused absence for good cause by the chairperson or vice-chairperson. To qualify as an excused absence the reason for the absence shall be announced on the record at the meeting where the absence occurs.

(2) If the board or commission regularly meets monthly or more frequently, failure to attend not less than sixty-six and two-thirds (66⅔) percent of all regular board or commission meetings during any twelve (12) consecutive month period; whether such absences are excused or unexcused.

(3) If the board or commission meets less frequently than monthly or meets on an on-call basis, failure to attend not less than sixty-six and two-thirds (66⅔) percent of any eight (8) consecutive regular or special board or commission meetings, scheduled or called, whether such absences are excused or unexcused.

(4) Failure to file with the city clerk or other filing office all or part of an initial or annual statement of economic interest no later than sixty (60) days after the filing deadline required by the Political Reform Act of 1974 and/or the Conflict of Interest Code of the city or failure to provide the city clerk with an ethics training certificate within the same period of time when required to do so; provided, however, that the city clerk shall provide reasonable written notice of not less than thirty (30) days before the effective date of the removal from office to the member of the board or commission that failure to comply with this provision shall result in his/her automatic removal from office, which notice may be combined with any other notice given by the city clerk for failure to file such statement of economic interest.

(b) The chairperson of, or the secretary to the board or commission in question shall, within ten (10) days of the qualifying event, notify the city clerk of any vacancies created pursuant to subsection (a)(1), (2) or (3) of this section. After learning of any vacancy created pursuant to this section, the city clerk shall notify the council at the next regular meeting of the council that the office is vacant and that the vacant office will be filled in the manner prescribed by law.

(c) The absences described in subsection (a)(1), (2) and (3) of this section shall mean only those absences from board or commission meetings, held on, or noticed for, January 5, 1998, or later. The filing of the statement of economic interest stated in subsection (a)(4) of this section shall apply only to those statements for which the filing deadline is on or after November 1, 1997.

(d) The reason set forth in this section for the removal of board or commission members are in addition to, and supplementary of, any other provisions of this Code or the general law concerning the removal of board or commission members.

(Ord. No. 57-15, § 1; Code 1962, § 2-4; Ord. No. 97-8, § 1; Ord. No. 18-07, § 2, 9-4-18)

(a) A city elected official, including city councilpersons, members of city council appointed boards, commissions, and agencies of the city, and the city manager shall not, for a period of one (1) year after leaving their office or employment, act as agent or attorney for, or otherwise represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to, the city, city agency, or any committee, subcommittee, or present member of the city or city agency, or any officer or employee of the local city or city agency, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. All terms used in this subsection shall have the meaning ascribed to them in section 87406.3 of the Government Code as it exists or as it may be amended.

(b) No person elected as a councilperson of the city, and no person appointed by the mayor and city council to a city board, or commission, or to a city agency governing body shall, subsequent to the completion of his/her term of office, be eligible for employment with the city or any city agency for a period of one (1) year after leaving office; with the exception that such person would be eligible for employment with any city entity other than the city agency with which they held office.

(c) No public official of the city or any agency of the city shall make commissioners, participate in making, or use his or her official position to influence, any governmental decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning, prospective employment.

(d) All terms used in subsection (a) hereof shall have the meaning ascribed to them in Section 87406.3 of the Government Code as it exists or as it may be amended.

(Ord. No. 06-07, § 1, 10-4-06; Ord. No. 18-07, § 2, 9-4-18)

Editor's note— Ord. No. 07-03, § 1, adopted March 7, 2007, amended the Code by repealing §§ 2-4—2-6 in their entirety. Former § 2-4 established annexation fees, and derived from Ord. No. 72-6. Former § 2-5 pertained to a waiver of annexation fees for land owned by public agencies, and derived from Ord. No. 75-13. Former § 2-6 pertained to a waiver when purposes have otherwise been provided or city is petitioner, and derived from Ord. No. 78-21.

The general municipal election scheduled for November 2017 is cancelled and set for November 2018. The general municipal election scheduled for November 2019 is cancelled and set for November 2020. The City of El Centro's municipal election thereafter shall be in consolidation with the County of Imperial statewide elections held on the first Tuesday after the first Monday in November of each even-numbered year.

(Ord. No. 84-2, § 1; Ord. No. 17-04, § 6, 3-21-17)

Editor's note— Ord. No. 84-2, §§ 1—3, adopted April 4, 1984, added new sections 2-45—2-47 to the Code. For purposes of classification, the editor has redesignated these provisions as §§ 2-7—2-9.

State Law reference— School district election, Elections Code § 2602.

Pursuant to California Government Code Section 36503, Section 2-7 shall not become operative until the election day change prescribed therein is approved by the county board of supervisors.

(Ord. No. 84-2, § 2; Ord. No. 17-04, § 6, 3-21-17)

Note— See editor's note for § 2-7.

If any section, paragraph, sentence or clause of section 2-7 or section 2-8 of this Code is for any reason held to be unconstitutional or invalid, any such decision shall not affect the remaining portions of said sections. If the board of supervisors of the county fails to approve this Ordinance No. 17-04, then the general municipal election shall be conducted on the first Tuesday after the first Monday in November of the odd-numbered years and all the provisions contained in section 2-7 and section 2-8 are null and void.

(Ord. No. 84-2, § 3; Ord. No. 17-04, § 6, 3-21-17)

Note— See note to § 2-8.

(a) Effective November 9, 2011, the elected office of city clerk shall become an appointed office and the position of secretary to the city council shall cease to exist. The incumbent secretary to the city council, as of November 8, 2011, shall assume all of the duties and responsibilities of the city clerk as specified in this Code and the class specification for the position as adopted by the city council, and shall continue with the same compensation and terms and conditions of employment until modified by the city council.

(b) Effective November 9, 2011, the elected position of city treasurer shall cease to exist and the duties of the city treasurer shall be assumed by the city manager or his/her designee. The city treasurer may, subject to the approval of the city council, appoint deputies for whose acts he and his bondsmen are responsible. The deputies shall serve at the pleasure of the city treasurer and shall act on behalf of, and at the direction of, the city treasurer in the oversight of the daily operation of treasury functions. The deputies will have the authority that is limited to their primary duties, the ordinances of the city and bylaws of El Centro Regional Medical Center.

(c) Commencing with the general municipal election to be held November 8, 2011, and each four (4) years thereafter, the offices of the city clerk and city treasurer shall not be included in any resolution calling for said general municipal election and shall not be listed on any ballot for said general municipal election.

(d) If either office of the city clerk or city treasurer shall become vacant prior to November 9, 2011, then the city council shall have the option to allow the office to remain vacant or to fill the remaining unexpired term of office using the procedures set forth in subsections (a) and (b) of section 2-35 of this Code.

(Ord. No. 11-05, § 1, 6-21-11; Ord. No. 12-09, § 1, 10-2-12)