Fontana Municipal Code Div. 1 Generally

Footnotes:

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Editor's note— Ord. No. 1395, § 1, adopted February 4, 2003, amended article VIII, division 1 in its entirety to read as herein set out. Formerly, division 1 pertained to similar subject matter and derived from Ord. No. 1099, §§ 2, 3, adopted January 18, 1994; Ord. No. 1111, §§ 1, 2, adopted May 2, 1994; Ord. No. 1131, §§ 1, 2, adopted November 1, 1994; Ord. No. 1284, §§ 1—3, adopted May 4, 1999, and Ord. No. 1343, § 1, adopted March 20, 2001.

(a) General. All members of the city's committees, commissions, boards and bureaus shall be appointed and removed and shall serve subject to the terms set forth in this section, unless specifically otherwise provided. Without limiting the generality of the foregoing, this section shall apply to the following committees, commissions, boards, and bureaus which have been created within the city and which are provided for in the Code as indicated below:

(1) Parks, community and human services commission (section 19-31).

(2) Planning commission (section 21-51).

This section shall not apply to ad hoc committees, commissions, board or bureaus which are established, from time to time, by the city council other than by means of adoption of an ordinance.

(b) Number of members. All commissions, committees, boards and bureaus of the city (other than committees and boards composed of city council members) shall consist of five members. One of the five members of the parks, community and human services commission shall be designated by the city council to represent the interests of the city's senior citizen residents.

(c) Qualifications of members; prohibition on appointment of relatives. Members of each committee, commission, board and bureau, shall be residents of the city, but shall not otherwise be employees of the city while serving on such committee, commission, board or bureau. Members of each committee, commission, board or bureau shall not be a relative of any member of the city council. Relatives are those holding a familial relationship by blood, marriage or adoption, such as: spouse, mother, father, brother, sister, child, parent of spouse, grandmother, grandfather, grandchild, cousin, aunt, uncle, nephew, niece, brother-in-law or sister-in-law.

(d) Notice of available positions; resume and application.

(1) The city clerk shall, in accordance with Government Code § 54970, inform the public of all available positions on commissions, boards and committees on or before December 31 of each year. The city clerk shall also, in accordance with Government Code, § 54974, inform the public of positions which may be vacant from time to time by posting notice in the city clerks office, in the Fontana Public Library and other places as directed by the city council, not earlier than 45 days before and not later than 15 days after the vacancy occurs.

(2) All city residents desiring appointments to any commission, board or committee shall submit an application and resume to the city clerk. Such applications shall remain valid for two years from the date submitted to the city clerk.

(3) Each applicant wishing to serve the city on a city board or commission shall submit a completed application on the form provided by the city clerk on or before the stated deadline. Each applicant shall verify that he/she has never been convicted of a felony by signing the statement contained on the application declaring the same under penalty of perjury, and shall authorize the city to independently verify that information by conducting a criminal background check. Each applicant shall sign a statement on the application acknowledging that he/she, as a condition of service, shall automatically vacate his/her position upon conviction of a felony and must inform the city clerk if he/she is convicted of a felony while serving the city no more than 24 hours after his/her conviction.

(4) The city clerk shall receive all completed applications and shall verify that applicants meet the minimum qualifications for appointment. The police chief or his/her designee shall conduct a background check that the police chief, in his/her discretion determines is appropriate, including, but not limited to, a criminal background check on all applicants and all commissioners holding office. The police chief or his/her designee is authorized to seek criminal background information through any authorized law enforcement source, including, but not limited to, the U.S. Department of Justice and/or the Federal Bureau of Investigation, in accordance with the provisions of applicable state and federal law. A copy of the information requested in the background check will be sent to the city clerk or his/her designee and to the applicant and commissioner. All information obtained hereunder shall be confidential to the extent required by applicable state and federal law. The city may charge the applicant a fee, established by the city's master fee resolution, sufficient to reimburse the city for the cost of conducting the background check.

(5) In addition to any other qualifications or limitations imposed by law, the following is a list of minimum qualifications for service on city boards and commissions:

a. Resident of the City of Fontana.

b. Not currently an officer of or employed by the City of Fontana.

c. Appointment would not violate any term limits applicable to the position sought.

d. Never been convicted of a felony.

(6) The following is additional criteria that the mayor and city council may wish to consider, in its discretion:

a. Total years of residency in the City of Fontana.

b. Recent experience and/or understanding of municipal government or other public agencies.

c. Volunteer experience and local community involvement.

d. Financial management or budget experience.

e. Knowledge of subject matter governed by the advisory board, commission or committee."

f. Experience on other boards, commissions or committees.

g. Supervisory and/or management experience.

h. Professional/business experience.

(e) Appointment process.

(1) Parks, community and human services commission. On or before the second meeting in January of each year, each then-current city council member (including the mayor) shall submit to the mayor at least one nominee whom that city council member desires to be appointed to the parks, community and human services commission. The mayor shall nominate an additional two persons. The mayor shall compile a list of all such nominees and may, in his or her discretion and subject to city council approval as described below, appoint to the parks, community and human services commission those individuals as nominated by the council members or such other person(s) as the mayor may designate. When selecting their nominees, the council members and mayor may make nominations for appointment from among those members currently serving on the parks, community and human services commission, from the list of those residents who have filed applications and resumes with the city clerk as provided in subparagraph (d)(2), or from among other persons who otherwise meet the qualifications for appointment. One parks community and human services commissioner shall have knowledge in the field of aging, in order to assist the commission and city council on any matters affecting elderly people in the city, including health, education, employment, housing, transportation and recreation. Each nominee must be confirmed by a majority vote of the city council prior to being appointed to serve on the parks, community and human services commission.

(2) All other boards, commissions, or committees. On or before the second meeting in January of each year, each then-current city council member shall submit to the mayor the names of those persons whom that council member desires to appoint to each committee, commission, board and bureau subject to the terms of this section. The mayor shall compile a list of all such nominees and may, in his or her discretion and subject to city council approval as described below, appoint to such commissions, boards or committees those individuals as nominated by the council members or such other person as the mayor may designate. When selecting their nominees, the council members may make nominations for appointment from among those members currently serving on a commission, committee, board or bureau, from the lists of those residents who have filed applications and resumes with the city clerk as provided in subparagraph (d)(2), or from among other persons who otherwise meet the qualifications for appointment.

For purposes of this section, the term "nominating council member" shall mean as to each member of a commission, committee, board or bureau, the council member nominating such member for appointment in accordance with this subparagraph (e). Upon the expiration or earlier termination of the term of a nominating council member, that nominating council member's successor shall succeed to the rights of this section as to those commission, committee, board or bureau members appointed by his or her predecessor.

The mayor's appointments as described above shall be subject to city council confirmation as provided in subparagraph (g).

(f) Vacancies. If, prior to the time set forth in subparagraph (e) for the yearly nomination of members to the commissions, committees, boards and bureaus of the city subject to this section, there occurs a vacancy for any reason in any commission, committee, board or bureau, the nominating council member of the member whose position has become vacant shall have the right to nominate to the mayor the person to fill such vacancy. The mayor may, in his or her discretion, appoint such designated nominee. Such nominee shall be subject to city council approval pursuant to subparagraph (g).

City council member nominations for vacancies shall be made to the mayor within 30 days of such vacancy. The mayor shall act to appoint such nominee or such other person as the mayor may designate no later than the second regularly scheduled city council meeting following expiration of the above-described 30-day period and the city council shall act to approve or disapprove such nominations as provided in subparagraph (g) at the same meeting, subject to the right of the city council to continue such action to another meeting of the city council.

(g) Confirmation by city council. The mayor's appointments as described in subparagraphs (e) and (f) shall be subject to confirmation by motion approved by at least three members of the city council. If only a single vacancy or position on a particular commission, committee, board or bureau is being filled, the city council approval of the mayor's appointment shall be by motion approved by at least three members of the city council. Whenever two or more of the mayor's appointments to a particular commission, board or committee are being confirmed by the city council, the motion of the city council shall be to approve or deny the mayor's appointments to such commission, committee, board or bureau in total, e.g., as a slate. As an example, if the city council is acting to confirm the mayor's appointment of three members to the planning commission, the city council shall act with respect to such appointments by either disapproving or approving the totality of the mayor's appointments and the city council may not individually confirm one or more appointment on a slate of nominees and deny another appointment appearing on the same slate. Every multiple-member confirmation shall be by motion approved by at least three members of the city council.

The names of all nominees approved by the city council shall be recorded in the minutes of the city council meeting at which such approval is granted.

(h) Term. The term of a member of a committee, commission, board or bureau shall begin to run on the date that such member is appointed. A member's term shall end, and a vacancy shall be deemed to exist as to that member's position, upon the earliest to occur of the following as respects such member:

(1) Upon the expiration of a period of two years following that member's appointment and the appointment and qualification of that member's replacement in accordance with the provisions of subsection (g).

(2) Upon that member's removal as provided in subsection (i).

(3) Upon the effective date of such member's voluntary resignation.

(i) Removal. All members of each commission, committee, board and bureau, after taking office, shall be serve at the will and pleasure of the mayor. Any council member may recommend to the mayor that any one or more of the commission members be removed at any time, with good cause or without cause. The mayor may, in his or her discretion, remove such member, subject to city council approval upon a motion approved by at least three members of the city council. Good cause shall mean, but is not limited to, three absences within any 12-month period, immoral or criminal activity, and other inappropriate behavior which the city council, from time to time, may find constitutes cause for removal. Any commission, board or committee member who is removed for cause in accordance with this subsection shall not be eligible for appointment to any commission, committee, board or bureau for at least one year from the date that he or she was removed from office for cause. A member of any board or commission who is convicted of a felony while serving the city in that capacity shall immediately upon conviction vacate his/her position, and he/she shall have the duty to inform the city clerk that he/she has been convicted no more than 24 hours after conviction. A written acknowledgement of the conviction by the city clerk is all that is needed to prohibit the member's further participation on the board or commission. Notwithstanding the foregoing, however, failure by the member to notify the city clerk upon conviction or to cease his/her participation on the board or commission, shall not invalidate any action or inaction of the city council or any, board or commission.

(j) Reserved.

(k) Initial designation of nominating council members. Within 30 days from the effective date of the city ordinance which adds this subparagraph (k), the mayor shall, in any manner acceptable to him or her, designate the initial nominating council member for each filled and vacant position on each city commission, committee, board or bureau subject to this section. Following the mayor's designation, which shall be recorded in the council records by the city clerk, the mayor and council shall undertake the nomination, appointment and confirmation procedures described in subparagraphs (e) and (g) to nominate, appoint and confirm the members of the commissions, committees, boards and bureaus who will initially take office subject to the provisions of this section as established by the ordinance which adds this subparagraph (k).

(Ord. No. 1395, § 1, 2-4-03; Ord. No. 1534, § 1, 12-12-06; Ord. No. 1652, § 1(Exh. C), 1-10-12; Ord. No. 1673, §§ 1, 3, 4, 1-22-13; Ord. No. 1780, § 3, 9-25-18; Ord. No. 1863, § 2, 2-9-21; Ord. No. 1965, § 3(Exh. A), 2-11-25)

The mayor shall appoint, subject to council approval, members to all other committees, commissions, boards or bureaus which are established, from time to time, by the city council other than by means of adoption of an ordinance.

(Ord. No. 1395, § 1, 2-4-03)

(a) Each committee, commission, board and bureau of the city, established by ordinance, shall adopt rules and regulations to govern its procedures and shall by majority vote of a quorum of its members set the time and place of its regular membership.

(b) The members of each committee, commission, board and bureau shall also elect by majority vote of a quorum of its members a chairperson, a vice-chairperson and a secretary. A majority of the regular members of each committee, commission, board and bureau shall constitute a quorum.

(c) Minutes of each committee, commission, board and bureau meeting shall be filed by the secretary of the committee, commission, board and bureau with the city clerk.

(d) The city council shall have the authority to budget and appropriate to each committee, commission, board or bureau such sums, if any, which the city council determines are appropriate to carry out the purposes of the committee, commission, board or bureau.

(e) Each committee, commission, board and bureau of the city, established by ordinance, may request and obtain from the city manager and city staff advice and information for the purpose of carrying out its duties.

(Ord. No. 1395, § 1, 2-4-03)

At least once within each two-year period, the city council shall conduct a joint meeting with each commission, committee, board and bureau established under this Code.

(Ord. No. 1395, § 1, 2-4-03)

No member of any board or commission shall serve for more than eight consecutive years on the same board or commission, provided however, that a person who has remained out of office of a board or commission for a full calendar year shall be eligible to serve on that board or commission once again, following the completion of such full calendar year, and provided further that the city council may extend this eight year time period on a case by case basis when deemed in the best interest of the city.

(Ord. No. 1673, § 2, 1-22-13)