Folsom Municipal Code Art. II Mayor and City Council

There shall be a City Council of 5 members elected by the voters of the City at large.

A. Registered Voters Eligible. Only resident registered voters of the City shall be eligible to hold the office of Councilmember.

B. Regular Election. The regular election of Councilmembers shall be held on the second Tuesday of November in even-numbered years, in the manner provided by state law.

C. Councilmember Term. The terms of Councilmembers shall be 4 years and shall begin the second Monday in December following their election and qualification.

D. Staggered Terms. The terms of Councilmembers shall be staggered, with 3 Councilmembers being elected in 1990 and each 4 years thereafter, and 2 Councilmembers in 1992 and each 4 years thereafter.

E. Term Limit. A person serving on the City Council may serve no more than 4 consecutive 4-year terms, and thereafter shall be ineligible to hold the office of Councilmember again until 4 consecutive years have passed. For purpose of the term limit, the counting of the term shall start and apply to Councilmembers elected at and after the November 6, 2018 municipal election.

(Amended by a vote of the people, Nov. 6, 2018 election)

All powers of the City shall be vested in the City Council, except as otherwise provided by this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law.

There is hereby created the office of Mayor. Only a member of the City Council shall be eligible to hold the office of Mayor. The Council shall select the Mayor, who shall serve as Mayor at the pleasure of the Council.

The Mayor shall be the representative of the City. The Mayor shall:

A. Recommend City policy;

B. Recommend to the Council appropriate and necessary legislation;

C. Recommend programs for the physical, economic, social and cultural development of the City;

D. Be responsible for public relations activities and represent the City for ceremonial purposes;

E. Represent the City in intergovernmental relations, personally or by a representative designated by him/ her with the concurrence of the Council;

F. Preside at meetings of the Council;

G. Establish and dissolve ad hoc committees, subject to the approval of the Council, but no such committee shall exist for more than 1 year;

H. Possess the authority to suspend implementation of any action taken by the Council, excepting an emergency ordinance, by filing with the City Clerk, within 3 days after such Council action, a notice of suspension thereof. Such suspension shall constitute a motion for reconsideration of the action taken, to be voted on by the Council at its next regular meeting, provided, however, that this authority shall be applied only once per specific action item;

I. Provide leadership and marshal citizen participation in City activities and civic affairs;

J. Report to the public from time to time on the affairs of the City;

K. Be, and possess the authority and attributes of a Councilmember;

L. Meet regularly and as appropriate with the City Manager for the purpose of providing policy guidance relative to the actions of the Council, expressing the desires of the Council and its members, and to monitor the administrative implementation of Council policies;

M. Together with the Council, at least annually evaluate the performance of the City Manager;

N. Possess such authority and perform such duties as are granted or required by this Charter or by the Council, which additional duties shall not conflict with any other provision of this Charter.

There is hereby created the office of Vice Mayor. The City Council shall select the Vice Mayor, who shall serve as Vice Mayor at the pleasure of the Council. In the absence of the Mayor, the Vice Mayor shall possess and perform the duties of the Mayor.

The City Council may determine the annual salary of the Mayor, Vice Mayor, and Councilmembers by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Councilmembers elected at the next regular election. The Mayor, Vice Mayor and Councilmembers shall receive their actual and necessary expenses incurred in the performance of their duties of office.

A. Restriction on Holding 2 Offices. Except where authorized by state law, no Councilmember shall hold any other elected public office during the term for which the member was elected to the Council. No Councilmember shall hold any other City office or City employment during the term for which the member was elected to the Council. Nothing in this Section shall be construed to prohibit the Council from selecting any current or former Councilmember to represent the City on the governing board of any regional or other intergovernmental agency.

B. Restriction on Personnel Powers. Neither the Council nor any of its members shall in any manner control or demand the appointment or removal of any City department head or employee whom the City Manager or any subordinate of the City Manager is empowered to appoint. But the Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such department heads and employees.

C. Restriction on Interference With City Manager. Neither the Mayor nor any Councilmember shall interfere with the execution of the powers and duties of the City Manager. Except for purposes of inquiry, the Mayor and Councilmembers shall deal with the administrative service solely through the City Manager and neither the Mayor nor any Councilmember shall give orders to any subordinate of the City Manager, either publicly or privately.

D. Restriction on City Utility or Enterprise. No City owned utility or enterprise, or any portion thereof, which lies within the corporate boundaries of the City may be sold, leased for more than 2 years, contracted to, or put to franchise to any non-governmental party without complying with the procedures set out in Section 7.02 hereof, and being approved by a majority vote at an election.

A. Vacancy. The office of a Councilmember shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by state law. The method of filling vacancies on the City Council shall be as provided by state law.

B. Forfeiture of Office. A Councilmember shall forfeit that office if the Councilmember:

1. Lacks at any time during the term of office for which elected any qualification for the office prescribed by this Charter or by law,

2. Violates any express prohibition of this Charter,

3. Is convicted of a crime involving moral turpitude, or

4. Fails to attend 3 consecutive regular meetings of the Council without being excused by the Council.

No one shall be denied the right, personally or through counsel, to present grievances or offer suggestions for the betterment of municipal affairs at any regular meeting of the City Council, nor to speak to the subject of any special meeting.

The Council shall by ordinance encourage the organization of and communication with representative neighborhood groups throughout the City to:

A. Encourage citizen participation;

B. Seek advice and input on and provide information to the public relative to City matters and affairs.

Selection of officers of the City Council, the time and place of regular meetings, the method of calling meetings, the rules of order for the conduct of proceedings by the Council, and the order of succession in the event of a vacancy in the office of Mayor and Vice Mayor shall be as established by ordinance.

The City Council shall provide for an independent annual audit of all City accounts and financial documents and may provide for more frequent or more specialized audits as it deems necessary.

A. Auditor To Have No Interest in City Affairs. All audits shall be made by a certified public accountant firm experienced in City auditing. The audit firm shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers, and may not provide services to the City other than audit services.

B. Designation of Auditor. The Council shall, through a request for qualifications and proposal process, designate such audit firm annually or for a period not exceeding 3 years, but the designation for any particular fiscal year shall be made no later than 30 days before the beginning of such fiscal year.

C. Comprehensive Audit and Evaluation. The annual audit shall be comprehensive of all departments and agencies, and shall include an evaluation of the city budgeting and accounting system as to compliance with generally accepted accounting principles and modern practices for an integrated and computerized city financial management system utilizing all possible modern accounting and control techniques and procedures.

D. Audit Submitted at Regular Meeting. The annual audit shall be submitted to the Council at a regular meeting and shall be open to public inspection.

Ordinances adopted by the City Council shall be enacted or repealed in the form: "The City Council of the City of Folsom hereby does ordain."

A. Form of Ordinance. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. An ordinance may be read by Title only at the time of its introduction, and must be available to the public in full text when introduced.

No ordinance shall contain more than 1 subject, which shall be clearly expressed in its title.

B. Adoption of Ordinance. An ordinance may be introduced by any Councilmember at any regular or special meeting of the Council. The second reading and adoption of the introduced ordinance shall be conducted at a regular, adjourned, or special meeting of the Council, which meeting shall be not less than 5 calendar days after its introduction. The ordinance may be read by title only at second reading.

C. Ordinance Availability. The public shall have an opportunity to be heard on the proposed ordinance at any meeting the proposed ordinance is considered. The City Clerk shall be provided a copy of any proposed ordinance prior to its introduction and adoption. Copies of proposed ordinances shall be made available to the public or interested persons at a reasonable cost.

D. Ordinance Effect. All ordinances other than emergency ordinances shall go into effect 30 days after adoption, or such later date as may be specified in the ordinance or state law.

E. Publication of Ordinance. The City Clerk shall publish every ordinance adopted by the City Council within 20 days following such adoption in a newspaper of general circulation in the City or, in the case where there is no newspaper of general circulation in the City, by posting in 3 public places accessible to the public. The ordinance may be published in full text or as a brief summary thereof.

To meet a public emergency affecting life, health, public welfare, property or the public peace, the City Council may adopt emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except as provided herein for emergency appropriations.

A. Form and Manner of Emergency Ordinance. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it plainly shall be designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms.

B. Four Votes Required. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least 4 of the members of the Council shall be required for adoption.

C. Publication of Emergency Ordinance. After adoption an emergency ordinance shall be published and printed as prescribed for other adopted ordinances. An emergency ordinance shall become effective upon adoption or at such later time as it may specify.

D. Automatic Repeal of Emergency Ordinances. Every emergency ordinance shall automatically stand repealed as of the 121st day following the date on which it was adopted, but this requirement shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.