Fullerton Municipal Code Ch. 2.11 Conditions Governing Commission and Committee Appointments and Office

Because certain conditions appropriately pertain to the appointment of all Commissioners and to their obligations of their offices, such conditions are set forth collectively.

(Ord. 1650, passed - -1970)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOARD. In designating membership to Council-appointed bodies, shall be considered synonymous with COMMISSIONER.

COMMISSION. Includes the word COMMITTEE, the word COMMISSIONER includes a member of a committee, and the word COMMISSIONERS includes members of a committee.

(Ord. 2032, passed - -1975; Ord. 3258, passed - -2018)

The City Council shall use the following appointment process, except as may otherwise be determined by majority vote of the City Council, as to the appointment of city commission/committee members.

(A) Applicants must complete an application for each commission/committee he or she is applying for and submit the application(s) to the City Clerk’s office. All qualified candidate applications will be forwarded to City Council for review. In order to be considered a qualified candidate, an applicant must, at a minimum, be a resident of the city and be at least 18 years of age.

(B) City Council will ratify direct appointments prior to making at-large appointments. All directly appointed commission/committee members will serve four-year terms with terms running concurrent with the appointing City Council member’s term or remainder of term.

(C) At-large commission/committee applicants shall be interviewed by a panel consisting of the Mayor, or his or her designee from the City Council; a member of the City Council designated by the Mayor; and the Chair (or his or her commission/ committee designee) of the appropriate commission/ committee. The interview panel will provide a ranked list of qualified at-large candidates to the City Council for appointment. At-large commission/committee members will be appointed by City Council majority vote. At-large commission/committee members’ appointment will be staggered two full consecutive four-year terms.

(D) All commission/committee members shall continue in office until their successors are appointed.

(E) City Council shall make appointments for unscheduled vacancies in the same manner as appointments for full terms. The person appointed to fill an unscheduled vacancy will serve for the remainder of the term. Partial terms do not count as a term for the purposes of term limits.

(F) No person shall concurrently serve on any commission or committee at any time.

(G) City employees are not eligible to serve on any commission or committee, except for the Investment Advisory Committee as set forth in the city’s investment policy.

(H) All appointed commission/committee members shall serve at the pleasure of the City Council unless otherwise provided by law. Any commission/committee member may be removed at any time by the City Council member appointing that member or by a four-fifths vote of the City Council.

(I) All city boards, commissions and committees will consist of five directly appointed members unless otherwise stated by City Council resolution, except the Library Board of Trustees which will have appointments as required by state law.

(Ord. 3258, passed - -2018; Ord. 3297, passed - -2021; Ord. 3336, passed - -2025)

No commissioner/committee member appointed by the City Council shall serve more than two consecutive terms, except where specific technical expertise is required for membership, and will be eligible for reappointment after a waiting period equivalent to one full term. A partial term does not constitute a full term. In the event that the city receives no applicants for a committee, City Council may reappoint a member who has served two full terms.

(Ord. 2890, passed - -1996; Ord. 3258, passed - -2018)

Insofar as possible, selection of Commissioners shall be so made as to give representation on the commission from every geographical area of the city and from each sex and every ethnic, occupational and age group within the city.

(Ord. 1650, passed - -1970)

(A) Removal of a Commissioner requires a four-fifths vote of the City Council, except that a Commissioner may be removed by the City Council member who appointed him or her without a vote of the entire Council.

(B) Where a City Council member leaves office before the expiration of his or her term, his or her successor to serve the remainder of the term may remove his or her appointed Commissioner during the remainder of the term without a vote of the entire Council.

(Ord. 1650, passed - -1970; Ord. 3060, passed - -2005; Ord. 3167, passed - -2011)

All vacancies occurring on commissions and boards shall be announced by news releases to the local press. The expiration of the term of an incumbent Commissioner or Board member shall be considered a vacancy within the meaning of this section.

(Ord. 2032, passed - -1975)

(A) Upon the expiration of the initial full term, the incumbent may be offered the opportunity to be considered for one additional term and, in the event of an affirmative response, the Council shall consider the incumbent with other applicants. When a Commissioner has served two full terms, in addition to any partial term, he or she is eligible for reappointment after a waiting period equivalent to one full term.

(B) The waiting period shall not apply, however, to commissions where specific technical expertise is required for membership. In the event there are no applicants for a committee and a member who has served two full terms wishes to be reappointed, it is Council’s prerogative to reappoint that member.

(Ord. 2032, passed - -1975; Ord. 2890, passed - -1996)

Any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be deemed to be appointed for the remainder of such term.

(Ord. 1650, passed - -1970)

(A) Commissioners are required to attend, and diligently participate in, all meetings of the commission of which they are members. Any Commissioner who shall have missed three consecutive regular meetings of the commission of which he or she is a member, and who shall have failed to file, in the City Manager’s office within ten days following the third absence, a written request to be excused from any of such absences, or who is absent in excess of 25% of the regularly scheduled meetings, of such commission during any anniversary year of his or her membership, shall be deemed to have resigned from such commission. If said request is granted by the City Council, his or her membership shall continue, but if said request is denied by the City Council, his or her membership on such commission shall be thereby terminated.

(B) Nothing herein contained shall prevent the reappointment by the Council of any person to any commission from which he or she has resigned, been deemed to have resigned or from which his or her membership has been terminated.

(Ord. 1650, passed - -1970; Ord. 1806, passed - -1972; Ord. 3087, passed - -2007)

Except as otherwise provided by ordinance, members of commissions shall serve without compensation. When approved by the City Manager, Commissioners may be reimbursed for their necessary expenses in the performance of their duties as Commissioners.

(Ord. 1650, passed - -1970; Ord. 3087, passed - -2007)

The election or appointment of a Commissioner as a member of the City Council shall constitute the immediate removal of such Commissioner from any commission(s) on which they are then serving.

(Ord. 1650, passed - -1970; Ord. 2863, passed - -1995)

In addition to any notice of meeting required under the Ralph M. Brown Act, Cal. Gov’t Code §§ 54950 through 54963, there shall be posted in the main City Public Library, a copy of the agenda of each commission meeting. Any supportive material submitted therewith to such Commissioners shall be available but not posted.

(Ord. 1650, passed - -1970; Ord. 2702, passed - -1990)

Annually, each commission/committee shall elect one of its members as Chair and another of its members as Vice-Chair, and each shall hold office for one year or until a successor is elected.

(Ord. 3258, passed - -2018)

The City Council may adopt one or more resolutions setting forth rules of procedure and other administrative practices for commissions/committees. In the event of any conflict, the provisions of this code shall govern over the provisions of such resolutions.

(Ord. 3258, passed - -2018)