Fresno Municipal Code Art. 1 Implementation of Mayor-Council Form of Government

In accordance with Section 1503 of the Charter of the City of Fresno, this article implementing the Mayor-Council form of government shall become operative on January 7, 1997.

(Added Ord. 96-68, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

All provisions in this code, uncodified ordinances, resolutions, and other rules and regulations now in force and not in conflict or inconsistent herewith are continued in force until they have been repealed, amended, or superseded by proper authority.

(Added Ord. 96-68, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

This article sets forth the procedures to be followed relating to actions taken by Council which are subject to the Mayor's veto and the Mayor's request for reconsideration.

(Added Ord. 96-68, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) Clerk's Duties. Upon the adoption of a resolution or ordinance subject to the Mayor's veto, the City Clerk shall retain the original of the ordinance or resolution and forward a copy of the item to the Mayor within 48 hours. The City Clerk shall attach a transmittal memorandum as a cover to the resolution or ordinance. The transmittal memorandum shall include, but not be limited to, the date of adoption, the title of the resolution or ordinance, tally of vote taken on the item, the final date for the Mayor to file the approved item or written objections and a veto with the City Clerk, space for the Mayor's approval and signature or veto and written objections, space for the City Clerk to record the "date received" of the item received from the Mayor and record whether the item has been expressly approved or vetoed, space for the City Clerk to record the final date for Council to take action to override the veto, and space for the City Clerk to record the date of final passage. The City Clerk shall record the date of final passage as described under subsection (b) of this section or described under subsection (d) of this section on both the transmittal memorandum and on the original resolution or ordinance.

(b) Mayor's Duties. Upon receipt of a resolution or ordinance subject to the Mayor's veto, the Mayor may consider the item for approval or veto. If the Mayor vetoes the resolution or ordinance, the Mayor must file the veto with written objections within 10 days of receiving the resolution or ordinance from the City Clerk. If the Mayor approves the resolution or ordinance, the date of receipt by the City Clerk from the Mayor shall be deemed the date of approval and the date of final passage. In the event the Mayor fails to file an approval or a veto with written objections within the required ten-day time limit, the tenth day shall become the date of final passage.

(c) Council's Duties. If the Mayor files a veto of a resolution or ordinance, the Council may reconsider the vetoed resolution or ordinance and take action thereon. Any Councilmember may request the City Clerk to place the resolution or ordinance on the agenda for an override vote. The resolution or ordinance must be placed on the Council's agenda in accordance with the Ralph M. Brown Act, Government Code Sections 54950, et seq. An override action must be taken within 30 days from the date the Mayor files a veto of the resolution or ordinance with the City Clerk. The Council may vote on the resolution or ordinance with or without deliberation.

(d) Enactment Over Veto. Any resolution or ordinance vetoed by the Mayor which receives the vote of five or more Councilmembers shall be deemed adopted notwithstanding the Mayor's veto. The date of approval shall be deemed the date of final passage. If the Charter or other superseding law requires more than five votes for the adoption or approval of any resolution or ordinance, such larger vote shall be required to overcome the veto. If a vetoed ordinance or resolution is not overridden within 30 days of the veto, the resolution or ordinance is deemed disapproved.

(Added Ord. 96-68, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) Clerk's Duties. Upon the Council's decision not to approve a resolution or ordinance subject to the Mayor's request for reconsideration, the City Clerk shall retain the original and forward a copy of the item to the Mayor within 48 hours. A decision not to approve shall include a tie vote, a vote taken which fails to receive a majority of votes, and a vote taken which fails to receive a specific number of votes or a super majority vote required by the charter or other applicable law. The City Clerk shall attach a transmittal memorandum as a cover to the resolution or ordinance. The transmittal memorandum shall include, but not be limited to, date of disapproval, the title of the resolution or ordinance, tally of any votes taken on the item, the final date for the Mayor to file a request for reconsideration with the City Clerk, space for the Mayor to record his/her request for reconsideration, space for the City Clerk to record the "date received" of the Mayor's request for reconsideration, space for the City Clerk to record the final date for Council to reconsider the item, space for the City Clerk to record the vote on reconsideration, and space to record the date of final passage, if applicable. The City Clerk shall immediately deliver a copy of the transmittal memorandum to the members of the Council. After Council's reconsideration, the City Clerk shall record the date of final passage as described under subsection (c) of this subsection on both the transmittal resolution or ordinance or shall record thereon that the item was not adopted after reconsideration.

(b) Mayor's Duties. Within 10 days from Council's decision not to approve a resolution or ordinance which is subject to the Mayor's request for reconsideration, the Mayor may file a written request for reconsideration with the City Clerk. The request must be filed within 10 days from the date the resolution or ordinance was disapproved by the Council.

(c) Council's Duties. If the Mayor files a request for reconsideration, the Council must reconsider the resolution or ordinance and take action thereon within 30 days from the date the Mayor files a written request for reconsideration with the City Clerk. The City Clerk shall place the item for reconsideration on the agenda of the next regular meeting of Council. The resolution or ordinance must be placed on the Council's agenda in accordance with the Ralph M. Brown Act, Government Code Sections 54950 et seq. The Council may vote on the resolution or ordinance with or without deliberation.

(d) Adoption After Reconsideration. Any resolution which has been reconsidered by Council in accordance with this subsection which receives a majority vote shall be deemed adopted. Any ordinance which has been reconsidered by Council in accordance with this subsection which receives the vote of four or more councilmembers shall be deemed adopted. If the Charter or other superseding law requires a higher number of votes for the adoption or approval of any resolution or ordinance, such larger vote shall be required. The date of approval of a resolution or ordinance under this subsection shall be deemed the date of final passage. If a reconsidered resolution or ordinance does not receive the requisite vote, it shall be deemed disapproved. A resolution or ordinance adopted under this reconsideration process, which has not been altered by Council, shall not be subject to the Mayor's veto.

(Added Ord. 96-68, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

The implementation of the Mayor's veto process and the Mayor's request for reconsideration process shall not be construed to require new notice publication requirements relating to a particular action taken. A matter that has been noticed by local, state, or federal law shall be considered by Council. After Council action, the veto process or the request for reconsideration process shall proceed, if applicable. In the event of a veto or request for reconsideration, the matter shall be placed on Council's agenda. Council shall vote on the resolution or ordinance. Although state law requirements for placing such a matter on the agenda and for allowing the public an opportunity to be heard must be met, such review process does not require new publication of notices as all these proceedings relate to the same subject and are deemed part of a single action.

(Added Ord. 96-68, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Any action of Council subject to the Mayor's veto or the Mayor's request for reconsideration shall proceed pursuant to the procedures set forth in this article, irrespective of whether the title of the action is a resolution or ordinance.

(Added Ord. 96-68, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).