Gilroy Municipal Code Art. IX Boards and Commissions

Except as otherwise provided in this Article, the appointive boards and commissions established by or pursuant to this Charter are intended to serve as advisory bodies to the Council and the City Administrator in carrying out their respective duties. Membership on such bodies shall be representative of the entire community insofar as that is possible, and members on such boards shall be willing to serve as a civic responsibility. No member of any advisory board or commission shall hold any paid office or employment in the City government. In order to be eligible for appointment to any board or commission, a person shall be a qualified registered elector of the City. In addition to those boards and commissions herein provided, the council may create by ordinance such advisory boards or commissions as in its judgment are required and may grant them such powers and duties as are consistent with the provisions of this Charter. In addition, the Council by motion adopted by at least four (4) affirmative votes, or the City Administrator with the consent of the Council, may appoint from time to time such temporary committees as are deemed advisable to render counsel and advice to the appointing authorities on any designated matters or subject within the jurisdiction of such authorities.

Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the Council except as otherwise provided in this Article. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. The provisions of Section 1770 of the Government Code of the State of California as they now exist or may hereafter be amended shall govern the existence of a vacancy except that if a member of a board or commission absents himself from three (3) consecutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, his office shall become vacant and shall be so declared by the Council.

The Council shall include in the annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions.

The members of each of such boards or commissions shall be appointed by the Council. They shall be subject to removal by motion of the Council adopted by at least four (4) affirmative votes. Unless otherwise provided by ordinance, the members thereof shall serve for a term of four (4) years and until their respective successors are appointed and qualified. No person shall serve more than two (2) consecutive full terms on the same board or commission. No person who has served two (2) consecutive full terms on any board or commission shall be eligible for reappointment to the same board or commission until four (4) years after the expiration of his second term.

The members first appointed to such boards and commissions shall so classify themselves by lot that the term of one of each of their number shall expire each succeeding January first. Where the total number of members of a board or commission to be appointed exceeds four (4), the classification by lot shall provide for the pairing of terms to such an extent as is necessary in order that the terms of at least one, and not more than two (2) members, shall expire in each succeeding year. Their successors shall be appointed for a full term.

(Removed by Charter Amendment November 5, 1996)

As soon as practicable following their original appointment, and following the first day of January of each year thereafter each of such boards and commissions shall organize by election one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold regular meetings at least once each month and such special meetings as such board or commission may require. Except as is otherwise provided by the laws of this State, all proceedings shall be open to the public. Whenever a special meeting of any board or commission shall be called, written notice of such meeting shall be delivered personally or by mail by the City Clerk or Secretary of the board or commission to each member of the board or commission and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered at least twenty-four (24) hours before the time of such meeting as specified in the notice. The order shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings.

Unless otherwise required by the laws of this State, recommendations by any board or commission may be made by majority vote. The affirmative vote of a majority of the entire membership of such board or commission shall be necessary for it to take final action.

Unless otherwise provided, the City Administrator shall provide a secretary for the recording of the minutes of each of such boards and commissions who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own procedural rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk or with the Secretary of the board or commission, where they shall be available for public inspection. Each board or commission shall have the same power as the council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations in any investigation or proceeding pending before it.

(Charter Amendment November 5, 1996)

The members of boards and commissions shall serve without compensation for their services as such but shall receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have been authorized by the Council.

There shall be a Planning Commission consisting of seven (7) members. The City Administrator, the City Attorney and such other officers as the Council shall designate, or their representatives, shall meet with the Planning Commission and may participate in the discussions but shall not have a vote. The Planning Commission shall have the power and duty to:

(a) Recommend to the Council after a public hearing thereon the adoption, amendment or repeal of a master plan or any part thereof, or the adoption, amendment or repeal of a precise plan for the physical development of the City, as such terms are defined by Chapter 3, Title 7, of the Government Code of the State of California;

(b) Annually review and recommend to the City Administrator and Council the five year Capital Improvement Budget;

(c) Exercise such functions with respect to land use, including but not limited to planning, zoning, subdivisions, public building, parks, streets and housing, as may be prescribed by ordinance, not inconsistent with the provisions of this Charter;

(d) Recommend to the Council for adoption and implementation plans for the clearance, rehabilitation, redevelopment or renewal of sub-standard areas within the City;

(e) Recommend to the Council for adoption and implementation such plans as are designed to promote the most beneficial and orderly growth and development of the City; and

(f) Perform such other duties as may be prescribed by the Council not inconsistent with the provisions of this Charter.

(Charter Amendment November 5, 1996)

There shall be a Personnel Commission consisting of five (5) members none of whom, while a member of the Commission, or for a period of one (1) year after he/she has ceased for any reason to be a member, shall be eligible for appointment to any salaried office or employment in the service of the City.

The Personnel Commission shall have the power and duty to:

(a) Act in an advisory capacity to the City Council, City Administrator and/or the Human Resources Director in the preparation, installation, revision and maintenance of a full-time employee position classification plan and the Human Resources Rules and Regulations;

(b) Hear appeals of any officer or employee having regular full-time status in any office, position or employment in the Competitive Service pertaining to suspension, demotion, dismissal or disciplinary action as provided in the Human Resources Rules and Regulations or Memorandums of Understanding.

(c) Perform such other duties relating to personnel matters as may be prescribed by the Council not inconsistent with the provisions of this Charter.

(Charter Amendment November 5, 1996)

There shall be a Library Commission consisting of five (5) members appointed by the Council which shall have the power and duty to:

(a) Act in an advisory capacity to the Council and the City Administrator in all matters pertaining to public libraries located in or serving Gilroy;

(b) Provide a public forum for community concerns regarding library issues;

(c) Act in an advisory capacity to the Santa Clara County Library System regarding the Gilroy branch, and to any other public library system serving Gilroy, in regard to service levels, library hours, building uses, and long-range planning;

(d) Be a liaison between the City and any public library system serving Gilroy;

(e) Encourage and coordinate a fund-raising committee of Gilroy residents duly appointed by the Council to develop and implement fund-raising activities to subsidize public libraries in and for Gilroy;

(f) Recommend to the City Administrator and Council the uses of any monies, donations of personal property or real estate designated for the Library; and

(g) Perform such other duties pertaining to any City of Gilroy Library or any Gilroy branch of the Santa Clara County Library System or other public library system serving Gilroy as may re prescribed by the Council not inconsistent with the provisions of this Charter.

(Charter Amendment November 7, 1995)

There shall be an Arts and Culture Commission consisting of seven (7) members which shall have the power and duty to:

(a) Act in an advisory capacity to the Council and the City Administrator in all matters pertaining to art, literature, music, and other cultural activities;

(b) Formulate and recommend to the Council and the City Administrator a program relating to art, literature, music, and other cultural activities for the inhabitants of the City of Gilroy which will contribute to the utilization and enjoyment of their leisure time and which will promote the public appreciation, education, and development of cultural activities in the community;

(c) Encourage and coordinate a fund-raising committee of Gilroy residents duly appointed by the Council of Gilroy to develop and implement fund-raising activities to support the arts and culture in and for the City of Gilroy; and

(d) Perform such other duties relating to the arts and cultural matters as may be prescribed by the Council not inconsistent with the provisions of this Charter.

(Charter Amendment November 7, 1995)

There shall be a Parks and Recreation Commission consisting of seven (7) members, which shall have the power and duty to:

(a) Act in an advisory capacity to the Council and the City Administrator in all matters pertaining to recreation and parks;

(b) Review the annual capital improvement budgets for parks and recreation facilities and makes recommendations to the City Administrator and the Council;

(c) Formulate and recommend to the Council and the City Administrator policies for the acquisition, development and improvement of all parks and recreational facilities;

(d) Formulate and recommend to the Council and the City Administrator a recreation program for the City which will enhance the quality of life for all the residents of the City. Promote and stimulate interest in these programs, and solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies;

(e) Administer the street tree program;

(f) Advise the Council and City Administrator with respect to offers of donations of money, personal property, or real estate to be used for parks and recreation purposes; and

(g) Perform such other duties relating to park and recreation matters as may be prescribed by the Council not inconsistent with the provisions of this Charter.

(Charter Amendment November 4, 1997)