El Monte Municipal Code Ch. 2.25 City Commissions (non-Planning)

Footnotes:

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Editor's note— Ord. No. 2809, § 3, adopted Jan. 8, 2012, amended Ch. 2.25 in its entirety to read as set out herein. The former Ch. 2.25, §§ 2.25.010—2.25.080, pertained to the El Monte Veterans and Homeless Affairs Commission and derived from Ord. No. 2590, § 1 (part), 2003.

Three (3) commissions are hereby established by the City Council: the Cultural Affairs Commission, Community Affairs Commission, and the Veterans and Homeless Affairs Commission.

(Ord. No. 2809, 3, 1-8-2013)

For the purposes of this Chapter 2.25 (City Commissions (Non-Planning)), the terms set forth in this section shall have the following meanings unless otherwise indicated in this chapter.

"Acting Council" means the El Monte City Council acting and operating under circumstances in which at least one but no more than two (2) of its five (5) seats are vacant.

"Advisory Committee" means that certain advisory body to the El Monte Patriotic Commission composed of representatives of various community organizations (including local service organizations) with a special interest in promoting and participating in patriotic events and activities within the city of El Monte.

"Brown Act" means the Ralph M. Act (Government Code Section 54590 et seq.) of the state of California.

"City" means the city of El Monte, a California municipal corporation.

"Code" means the El Monte Municipal Code.

"Commission" means either the Cultural Affairs Commission, Community Affairs Commission, or the Veterans and Homeless Affairs Commission. The plural term "Commissions" means the Cultural Affairs Commission, Community Affairs Commission, and the Veterans and Homeless Affairs Commission.

"Commission seat" means any one of the ten (10) membership positions on each of the Commissions which are occupied by each of the ten (10) Commissioners. The plural term "Commission seats" may refer to one or more Commission seats or all ten (10) Commission seats, whichever meaning is reasonably appropriate given the context.

"Commissioner" means any one of the ten (10) occupants of the ten (10) Commission seats that constitute each Commission.

"Council" means the legislative body of the city of El Monte, namely the El Monte City Council, which is composed of five (5) Council seats, including the Council seat occupied by the mayor.

"Council seat" means any one of the five (5) membership positions on the Council which are occupied by each of the five (5) Council Member.

"Council member" means any one of the five (5) occupants of the five (5) Council seats that constitute the Council. The plural term "Council Member" shall be used to refer to all five (5) of the occupants of the five (5) Council seats that constitute the Council.

"Council seat" means any one of the five (5) membership positions on the Council which are occupied by each of the five (5) Council members.

"Normal Expiration Date" means the date upon which the term of office for a particular Council seat would otherwise expire, absent an early vacancy. For example, in the case of a Council seat occupied by the Mayor, the normal expiration date is a date that is two (2) years from the date a person is sworn in as Mayor. In the case of all other Council seats, the normal expiration date is a date that is four (4) years from the date a person is sworn in as a Council member.

(Ord. No. 2809, 3, 1-8-2013)

A. Composition. Each Commission shall be composed of ten (10) Commissioners in total.

B. Appointment of Commissioners. The members of each Commission shall be appointed by the Mayor in accordance with Government Code Section 40605 as the same may be amended from time to time.

C. General Term. Commissioners shall serve four-year terms, subject to the limitations set forth under Section 2.25.040(B). No person who has served on a Commission subject to this chapter for a period of at least eight (8) consecutive years may be re-appointed to serve on the Commission prior to the lapse of one full year from the date his or her term on the Commission expired.

D. Basic Qualifications. No person shall be eligible for appointment as a Commissioner unless at the time of such appointment he or she: (1) is eighteen (18) years of age or older; and (2) is, and for at least one year prior to such appointment was, a resident of the city of El Monte. No person shall continue to serve as a Commissioner once he or she ceases to be a resident of the city of El Monte. When a Commissioner ceases to be a resident of the city of El Monte, the Commission seat he or she occupies shall be declared vacated by the City Council.

E. Restriction on Assuming Other Offices or Positions. No Commissioner subject to this chapter shall hold or assume any other remunerative office or position with the City after being sworn in as a Commissioner under this chapter or under Chapter 2.24. In the absence of a state or federal statute to the contrary, no Commissioner may occupy another public office, whether elected or appointed, while serving on the Commission, including but not necessarily limited to, election or appointment to any project area committee created pursuant to California's Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.). The foregoing shall not preclude a Commissioner from serving on a commission, committee, or other public board, where the Commissioner is serving as the Commission-designated and Council-approved representative of the Commission. Any Commissioner serving on such a commission, committee or other public board in such a capacity serves at the pleasure of the Commission and the Council and may be removed from such commission, committee or other public board by either the commission her or she serves on or the Council at any time with or without cause.

(Ord. No. 2809, 3, 1-8-2013; Ord. No. 2870, § 6, 12-15-2015)

A. Voluntary Vacancies. If a Commissioner voluntarily vacates a Commission seat for any reason, the vacating Commissioner shall be replaced in accordance with Section 2.25.030(B) and the replacement Commissioner will serve for the unexpired balance of the outgoing Commissioners four-year term. Thereafter, the replacement Commissioner may be reappointed for a subsequent four-year term, subject to the maximum limit of eight (8) consecutive years referenced under Section 2.25.030(D), above.

B. Tenure at Will; Removal without Cause. Nothing in this chapter shall operate to entitle any Commissioner to a right to serve a full four-year term or the right to serve a maximum of eight (8) consecutive years on any Commission subject to this chapter or on any other board, commission or committee of the city; rather, all Commissioners serve at the pleasure of the City Council and may be removed at any time with or without cause by no less than three (3) affirmative votes of the City Council.

C. Removal by Council for Cause. The City Council, by direct action or upon the recommendation of the Commission, may remove a Commissioner in the event of the following:

1. Conduct Unbecoming. The Commissioner engages in conduct unbecoming of a representative for the City, including but not limited to the conviction of a felony or any crime of moral turpitude; wrongfully and knowingly representing personal positions, opinions, or beliefs as being those of the entire Commission or the city; the criminal or negligent misappropriation or misuse of Commission funds or other city property (including city funds); or legally binding (or attempting to legally bind) the Commission or the city to promises, assurances or agreements that have not been duly ratified by the Commission or the Council, whichever is the appropriate ratifying body; or

2. Unexcused Absences from Meetings. The Commissioner fails to attend three (3) consecutive regularly scheduled meetings of a Commission without notifying city staff or the Commission that he or she will be absent prior to the start of the regularly scheduled meeting. All approved absences must be noted in the minutes of the Commission in order to be valid.

D. Ineligibility Following Removal—Ineligible Persons. The following persons shall be ineligible for appointment to a Commission for a period of one year from the date of their vacancy or removal from the Commission, whichever the case may be:

1. Any Commissioner removed by the Council pursuant to Section 2.25.040(C); and/or

2. Any Commissioner who has served on a Commission for eight (8) consecutive years of service on a Commission, however, such ineligibility in this Section 2.25.040(D)(2) shall only apply to the same Commission on which such Commissioner served his or her eight (8) consecutive years.

(Ord. No. 2809, 3, 1-8-2013; Ord. No. 2870, § 7, 12-15-2015)

A. Commission Officers. The Commissioners of each Commission shall nominate and elect from among themselves one Commissioner who shall serve as Chair; one Commissioner who shall serve as Vice-chair; one Commissioner who shall serve as Treasurer; and one commissioner who shall serve as Secretary. Any Commissioner elected to serve as Chair, Vice-chair, Treasurer or Secretary shall occupy that Commission post for a term of one year, unless the Commissioners vote to remove a Commissioner elected to serve as Chair; Vice-Chair; Treasurer or Secretary before the end of his or her term by no less than seven votes with all commissioner present for the vote or unless a Commissioner serving as Chair; Vice-Chair; Treasurer or Secretary is removed from the Commission or vacates his or her Commission seat. The Chair shall preside over all meetings of the Commission. The Vice-Chair shall assume the duties of the Chair when the Chair is absent from a meeting of the Commission. In the event the Commissioner serving as Chair is removed from the Commission or vacates his or her Commission seat, the Vice-Chair shall assume the position of Chair for the remainder of the removed or vacating Chair's term. If the Vice-Chair is elevated to the post of Chair due to the removal or vacation of the post by departing Chair, the Commission shall elect a new Vice-Chair from among themselves no later than the next regularly scheduled meeting of the Commission. If a Commissioner serving as Vice-Chair, Treasurer or Secretary is removed from the Commission or vacates his or her Commission seat, the remaining Commissioners shall elect a new person(s) to fill the vacated Commission post(s) at the earliest possible meeting date. No person may simultaneously serve on more than one Commission.

B. Additional Offices. Subject to all restrictions applicable to Commissioners under this Chapter 2.25, each Commission may create and fill such other internal offices as it may determine to be advisable or desirable.

C. Meetings. Each Commission shall hold at least one regular meeting each month at such time and location as may be permitted by law and as may be necessary or convenient. No such regular meeting shall occur earlier than 5:30 p.m. and no such regular meetings shall occur on a Friday, Saturday, Sunday or City observed holiday. If a regular meeting falls on a City observed holiday, the Commission may reschedule the meeting for any other day of the month. Upon the prior approval of the City Manager or the City Council, a Commission may hold such additional adjourned or special meetings as may be called in accordance with the provisions of the Brown Act and any other applicable state statutes or provisions in the Code.

D. Internal Rules for the Conduct of Business. Subject to the council overrule and in conformity with the Brown Act and all other applicable laws or Code provisions, the Commission shall conduct all proceedings in conformity with the latest edition Robert's Rules of Order and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record subject to disclosure in the absence of any applicable statutory or common law privileges, restrictions or exemptions.

E. Administrative Support Staff. The administrative support staff of the City Manager's Office (hereinafter, the "administration office") shall be responsible for working with and providing administrative support to each Commission as it conducts its business. The administration office shall designate those members of its staff who shall have the special responsibility of overseeing the administration office's work with each Commission and shall make the work number and work address of such staff members available to each Commissioner. At least one staff member of the administration office shall attend each regularly scheduled, adjourned or special meeting of each Commission.

F. Orientation/Ethics Training. The administrative office shall provide orientation for all Commissioners, including AB 1234 ethics training, to the extent required by law.

G. Provisions and Stipends. The City shall not provide business cards to Commissioners. Name badges for Commissioners shall be provided only for use at City-sponsored events. No stipend or other form of compensation shall be provided to Commissioners.

H. Commissioner Fundraising. No Commission or Commissioner shall undertake, advertise or otherwise promote any sort of Commission fundraiser without the prior written approval of the City.

(Ord. No. 2809, 3, 1-8-2013)

Subject to review and approval by the Council, each Commission shall have the duties and responsibilities set forth in the following subsections, and as the same may be further modified or augmented from time to time by resolution of the Council:

A. The Cultural Affairs Commission shall act in an advisory capacity to the Council concerning the cultural celebrations, music festivals, arts festivals, food festivals, dance festivals, and Sister Cities events.

B. The Community Affairs Commission shall act in an advisory capacity to the Council concerning the youth sports council, after school sports, health fairs, job fairs, health and safety, coordinating with the Council, and any youth commission.

C. The Veterans and Homeless Affairs Commission shall act in an advisory capacity to the Council concerning Memorial Day, Fourth of July celebrations, Veterans Day, homeless counts and homeless services.

D. Each Commission may organize and maintain such subcommittees as deemed necessary to assist each Commission from time to time on various projects and programs related to the activities of the Commission.

E. Each Commission shall adopt rules for the transaction of business and maintain a record of its resolutions, transactions, findings and determinations, which record shall be a public record. It shall be the duty of each Secretary of each Commission to transmit all recommendations, findings and determinations of each Commission to the Council.

F. Each Commission shall prepare protocol rules and procedures for all events germane to its purpose to submit to the Council for review and approval.

G. Each Commission may raise funds to finance the activities or events for which it is authorized to participate in provided that the Commission shall first receive the approval of the Council before undertaking any fund raising effort.

No Commission or individual Commissioner may assign staff or use staff, real property, personal property, facilities, funds, alleys or streets of the city in connection with any events or activities without the prior consent of the Council by resolution and the grant of such consent by the Council shall not constitute approval of any city licenses or permits which may be required to undertake any such events or activities. In the event the Council consents to any such events or activities, the relevant Commission shall adhere to all federal, state, or local governmental permit requirements and shall adhere to all federal, state and local laws in undertaking such events or activities. Each Commission shall also adhere to any additional restrictions or requirements which the Council may choose to impose in its sole discretion.

(Ord. No. 2809, 3, 1-8-2013)

A. Contracts. No Commission nor any individual Commissioner, nor any person employed thereby shall incur any financial liability or execute any contract in the name of or on behalf of the city without the express consent or authorization of the Council.

B. Solicitation of Non-Governmental Funds. Subject to the supervision oversight and control by the City Manager or designee, each Commission shall be authorized to solicit and disburse non-governmental funds and contributed funds for the purpose of carrying out its special projects and activities.

C. Annual Reports. Each Commission shall submit an annual report to the Council for review of all activities and financial transactions for the prior fiscal year. The annual report shall be prepared and submitted to the Council during the month of December of each calendar year and shall be for the preceding fiscal year's activities and actions.

(Ord. No. 2809, 3, 1-8-2013)

By resolution, the Council may create an Advisory Committee to a Commission which shall be composed of persons who represent various community organizations with a special interest in promoting and participating in events and activities pertinent to the relevant Commission.

(Ord. No. 2809, 3, 1-8-2013)

As to all members of the Commission who are seated and serving the Commission as of the effective date of Ordinance No. 2870 which implements the 2015 amendments to Chapter 2.24, any and all consecutive years of service on the Commission served by a sitting member prior and up to the effective date of Ordinance No. 2870 shall not be counted toward four-year term referenced under Section 2.25.030(D) or the maximum limit of eight (8) consecutive years of service also referenced under Section 2.24.030(D). All members seated and serving on the Commission as of the effective date of Ordinance No. 2870 shall be deemed to be at the start of their first four-year term on the Commission. The foregoing notwithstanding, the right of the City Council to removal any such sitting members pursuant to Section 2.25.040(B), above, shall govern and control.

(Ord. No. 2870, § 8, 12-15-2015)