Hercules Municipal Code Art. 6 Finance Commission

There is hereby established a Finance Commission which shall be composed of five (5) members, who shall be appointed by the Council. All members shall serve at the pleasure of the City Council and may be removed at any time, with or without cause. Members must be residents of the City of Hercules, registered to vote, and at least eighteen (18) years of age. The City Manager shall appoint an ex officio staff person to serve as the Commission's Secretary and Custodian of Records, who shall not have a vote.

(Ord. 481 § 1 (part), 2014; Ord. 519 § 2 (part), 2019)

(a) To establish staggered terms, the first members of the Commission appointed after the effective date of the ordinance codified in this Article shall serve terms as follows:

(1) Two (2) members shall serve an initial term of one (1) year.

(2) Three (3) members shall serve an initial term of two (2) years.

(b) The determination of the respective terms of such initial members shall be as follows:

(1) Consideration will be given to incumbents of the Citizen's Ad Hoc Finance Committee and the Measure O Committee.

(2) Designation of the one (1) year and two (2) year terms shall be made by lottery draw conducted by the City Clerk.

(c)

(1) Each member shall serve until his successor is duly appointed and qualified.

(2) Upon expiration of the initial terms of the appointed Commissioners, appointments to the Commission shall be made in accordance with the process for appointments established by City Council resolution, as amended from time to time.

(Ord. 481 § 1 (part), 2014; Ord. 519 § 2 (part), 2019)

Any member of the Finance Commission who is absent from three (3) meetings of the Commission during any rolling twelve (12) month period shall be automatically deemed to have resigned from the Commission. All Commission appointees are required to be provided notice of the automatic removal provision after each absence, and prior to termination. The vacancy thereby created shall be filled as provided in Section 2-2.604.

(Ord. 481 § 1 (part), 2014; Ord. 519 § 2 (part), 2019)

If a vacancy occurs in the membership of the Finance Commission, whether by death, resignation, automatic removal as provided in Section 2-2.603, removal by the Council or for any other reason, the vacancy shall be filled in accordance with the process for appointments established by City Council resolution, as amended from time to time.

(Ord. 481 § 1 (part), 2014; Ord. 519 § 2 (part), 2019)

Members shall receive their actual and necessary expenses incurred in the discharge of their duties, which shall not include travel to and from meetings held within the City of Hercules. Members shall receive no other compensation for their service as a member of the Finance Commission.

(Ord. 481 § 1 (part), 2014; Ord. 519 § 2 (part), 2019)

The Finance Commission shall annually elect a Chairperson and Vice-Chairperson to serve a term of one (1) year. The Chairperson shall preside at all meetings and shall report to the City Council on all recommendations of the Commission. The Vice-Chairperson shall perform the functions of the Chairperson in case of absence of the Chairperson. Upon completion of the one (1) year term as Vice-Chairperson, the Vice-Chairperson shall be given the first option to serve as Chairperson of the Commission.

(Ord. 481 § 1 (part), 2014; Ord. 519 § 2 (part), 2019)

The Commission shall hold one (1) regular meeting bimonthly at a public meeting place within the City of Hercules. Such meeting shall be held on the dates and at the times established by City Council resolution, said meeting dates and times to be posted on the City's official website. A special meeting may be called at any time by the Chairperson or by a majority of the members of the Commission. All meetings of the Commission shall be open to the public and the provisions of the Ralph M. Brown Act (Government Code Section 54950 et seq.) shall apply.

(Ord. 481 § 1 (part), 2014; Ord. 519 § 2 (part), 2019; Ord. 528 § 1 (part), 2020)

Three (3) members of the Commission shall constitute a quorum for the transaction of business at any meeting. Action may be taken by a majority of the members present after a quorum has been established.

(Ord. 481 § 1 (part), 2014; Ord. 519 § 2 (part), 2019)

The Finance Commission shall be advisory to the City Council with no authority to direct staff, and shall have the following duties:

(a) Quarterly review of City's financial status; review and comment on audit reports; review and comment on the proposed budget; and review and comment on items of extraordinary financial impact.

(b) Make recommendations to the City Council with respect to budget priorities.

(c) Review and comment on the City's annual operating and capital improvement budgets.

(d) Advise the City Council on matters of policy and public interest related to the management of the City's finances and budget.

(e) Serve as the Oversight Committee for Measure "A," including providing an annual report, to ensure that utility user tax funds are spent in accordance with the voter approved measure adopted in June 2013.

(f) Serve as the Oversight Committee for Measure "O," including providing an annual report, to ensure that the sales tax revenues approved by Hercules voters are spent in accordance with the voter approved measure adopted in June 2012.

(g) Take on any additional review and advisory functions assigned by the City Council by duly adopted resolution.

(Ord. 481 § 1 (part), 2014; Ord. 519 § 2 (part), 2019)