Merced Municipal Code Art. IV City Council

A. The City Council shall consist of a Mayor elected from the City at large and six City Council Members elected by single-member district election at the times and in the manner provided in this Charter.

B. The Mayor shall serve a term of four (4) years and until his/her successor is elected and qualified. The Mayor shall be limited to no more than two terms. For purposes of this subsection, a "term" shall be defined to include serving fifty percent plus one day of a term as Mayor, while service as Mayor for fifty percent or less of a term shall not constitute a term for purposes of term limits.

C. Individual City Council Members shall serve a term of four (4) years and until his/her successor is elected and qualified. Individual City Council Members shall be limited to no more than two, four-year terms. For purposes of this subsection, a "term" shall be defined to include serving fifty-percent plus one day of a term as a City Council Member, while service as a City Council Member for fifty percent or less of a term shall not constitute a term for purposes of term limits.

D. Once the Mayor or an individual City Council Member has served the two term maximum in that respective office, he/she shall be ineligible to be elected or appointed to that office again.

E. District boundaries shall be drawn by ordinance.

(Amended March 3, 2020; amended November 4, 2014; amended November 6, 2007; amended November 3, 1992; amended November 12, 1985; amended June 4, 1968).

No person shall be eligible to hold office as the Mayor or as a Member of the City Council unless he/she is a qualified elector of the City.

(Amended November 6, 2007).

A. The members of the City Council, including the Mayor, shall receive a monthly stipend for their services as such, and shall receive reimbursement for expenses incurred while performing official duties of their office. Absence of a council member, including the Mayor, from all regular and special meetings of the council during any calendar month shall render such council member, including the Mayor, ineligible to receive such sum for such calendar month.

B. There shall be established a Citizens' Stipend Setting Commission consisting of seven (7) members to be appointed by the City Council from the qualified electors of the City. Six (6) members will be appointed by district and one (1) member will be appointed at large.

1. The Commission shall hold two (2) public hearings between March 1st and June 30th of every even-numbered year and shall recommend, by majority vote and in writing, to the Council the amount of the monthly stipend which it deems appropriate for the members of the Council for the two (2) year period beginning January 1st of the next year. The amount recommended for each council member shall be the same.

2. The Commission shall hold two (2) public hearings between March 1st and June 30th of a Mayoral election year and shall recommend, by majority vote and in writing, to the Council the amount of the monthly stipend which it deems appropriate for the Mayor for his/her entire term beginning in January of the next year. The stipend recommended for the Mayor shall, at a minimum, be the same as the other council members; however, the Commission may recommend providing the Mayor with reasonable compensation beyond his/her stipend as a member of the City Council.

3. The Council shall, by resolution, adopt the stipends as recommended by the Commission, or in some lesser amount, but in no event may it increase the amount. Stipends of the council members and Mayor may be reduced at any time by two-thirds (⅔) vote of the Council. Stipends shall remain in effect until amended by a subsequent resolution adopted pursuant to the provisions of this section.

(Amended March 3, 2020).

A. A vacancy in the office of the Mayor, from whatever cause arising, shall be filled by appointment by the City Council from qualified electors in the City. In the event the City Council shall fail to fill the vacancy by appointment within thirty days after the Mayor's office shall have been declared vacant, the City Council shall forthwith cause an election to be held to fill the vacancy. The election may be conducted by mail-ballot under this Charter.

B. Any City Council Member appointed or elected to fill a vacancy under subsection A above shall resign as a City Council Member, or his/her office shall automatically be deemed vacated, upon being sworn-in as Mayor and he/she shall serve out the remainder of the unexpired term of the Mayor.

C. A vacancy in the office of a City Council Member, from whatever cause arising, shall be filled by appointment by the City Council from qualified electors in the City, and the appointee shall hold office until the first Tuesday following the next general municipal election and until his/her successor is elected and qualified. In the event the City Council shall fail to fill a vacancy of a City Council Member by appointment within thirty days after such office shall have been declared vacant, the City Council shall forthwith cause an election to be held to fill the vacancy. The election may be conducted by mail-ballot under this Charter. At the next general municipal election following any vacancy, a City Council Member shall be elected to serve the remainder of the unexpired term, if any.

D. If the Mayor or any Member of the City Council absents himself/herself from all regular meetings of the City Council for a period of sixty days consecutively from and after the last regular City Council meeting attended by the Mayor or such Member respectively, unless by permission of the City Council expressed in its official minutes, his/her office shall become vacant and shall be so declared by the City Council. The vacancy shall be filled pursuant to this Section.

E. If the Mayor or any Member of the City Council is convicted of a felony or a crime involving moral turpitude, his/her office shall become vacant and shall be so declared by the City Council. The vacancy shall be filled pursuant to this Section. (Amended November 6, 2007).

A. The Mayor shall have a voice and vote in all proceedings of the City Council. He/She shall be the official head of the City for all ceremonial purposes. He/She shall perform such other duties as may be prescribed by this Charter or as may be imposed by the City Council consistent with his/her office.

B. The City Council shall also designate one of its Members as Mayor Pro-Tempore who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro-Tempore shall perform the duties of the Mayor during his/her absence or disability. (Amended November 6, 2007: Amended November 3, 1992).

All powers of the city shall be vested in the city council, subject to the provisions of this Charter and to the Constitution of the State of California.

Neither the Mayor nor any Member of the City Council shall order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in the administrative service of the City, of any person to an office or employment or his/her removal therefrom. Except for the purpose of inquiry, the Mayor and Members of the City Council shall deal with the administrative service under the City Manager solely through the City Manager and neither the Mayor nor any Member of the City Council shall give orders to any subordinates of the City Manager, either publicly or privately.

(Amended November 6, 2007).

The city council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date certain which shall be specified in the order of adjournment and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day.

Special meetings may be called and held in accordance with and pursuant to the general laws of the State.

(Amended November 6, 2007: Amended June 4, 1968).

Regular meetings of the City Council shall be held in the City Council Chambers of the City Hall and shall be open to the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the Mayor, or, if he/she should fail to act, by four Members of the City Council. Special meetings may be held in the City Council Chambers of the City Hall or in any other location within the City limits so long as the location is publicly accessible and properly noticed.

(Amended November 6, 2007).

A. Four Members of the City Council shall constitute a quorum to do business but a less number may adjourn from time to time. In the absence of all of the Members of the City Council from any regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. Notice and call of regular, adjourned regular, special, and emergency meetings shall comply with the general laws of the State.

B. The City Council may establish rules for the conduct of its proceedings and evict or prosecute any Member or other person for disorderly conduct at any meeting. Such disorderly conduct at any meeting shall constitute a misdemeanor.

C. Each Member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council.

D. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than Constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable.

E. The City Council shall cause the City Clerk to keep a correct record of all its proceedings and at the demand of any Member of the City Council, or upon the adoption of any Ordinance, Resolution, or order for the payment of money, the City Clerk shall call the roll to be taken by either voice or electronic means so long as the vote when counted is publicly visible and shall cause the ayes and noes taken on such question to be entered in the minutes of the meeting.

(Amended November 6, 2007).

No person shall be denied the right personally, or through counsel, to present grievances at any regular meeting of the City Council, or offer suggestions for the betterment of municipal affairs. At special or emergency meetings, grievances and comments shall be limited to the topic of the special or emergency meeting. The City Council may, by majority vote, suspend this limitation at any special or emergency meeting.

(Amended November 6, 2007).

With the sole exception of Ordinances, which take effect upon adoption, referred to in this Article, no Ordinance shall be adopted by the City Council on the day of its introduction, nor within five days thereafter, nor at any time other than at a regular or adjourned regular meeting. At the time of adoption of an Ordinance or Resolution, it shall be read in full unless after the reading of the title or a summary of the title thereof, the further reading thereof is waived by a majority of the City Council Members present. In the event that any Ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such Ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.

No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting, except that the same may be authorized at an emergency meeting when the order for the payment of money is necessary to mitigate the emergency.

Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four Members of the City Council shall be required for the enactment of any Ordinance or Resolution, or for the making or approving of any order for the payment of money. All Ordinances and Resolutions shall be signed by the Mayor, attested by the City Clerk, and approved as to legal form by the City Attorney.

Any Ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes.

(Amended November 6, 2007).

In addition to such acts of the city council as are required by this Charter to be by ordinance, every act of the city council establishing a fine or other penalty, or granting a franchise, shall be by ordinance.

The enacting clause of all ordinances shall be substantially as follows: "The city council of the City of Merced does ordain as follows:".

When publication of the full text of an Ordinance would not otherwise be required by the general laws of the State, the City Clerk shall cause a single publication in the City's official newspaper to occur at least three (3) days prior to the Ordinance's introduction, setting forth the title of the Ordinance, a brief summary of the Ordinance and listing two (2) places where copies of the full text of the proposed Ordinance are available—including the Internet.

Upon adoption, a summary of the Ordinance shall be published at least once in the City's official newspaper within fifteen days after its adoption setting forth the title of the Ordinance, the date of its adoption, those Members of the City Council voting for, against, abstaining, or absent, and listing two (2) places in the City where copies of the full text of the Ordinance are available—including the Internet.

In the event the proposed Ordinance is concise, the City Clerk may elect to publish the full text of the Ordinance in lieu of a summary.

(Amended November 6, 2007).

Any or all Ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive Ordinance Code, and such Code may be adopted by reference by the passage of an Ordinance for such purpose. Such Code need not be published in the manner required for other Ordinances, but not less than two copies thereof shall be filed with the City Clerk. One copy shall be retained as an official record of the City and the other copy shall be available for use and examination by the public in the Office of the City Clerk. Ordinances codified shall be repealed as of the effective date of the Code. Subsequent amendments to sections of the Code shall be enacted in the same manner as herein required for the amendment of Ordinances generally.

Detailed regulations pertaining to any subject such as the construction of buildings, plumbing, wiring or other subjects which require extensive regulations, after having been arranged as a comprehensive Code, may likewise be adopted by reference in the manner provided in this Section.

(Amended November 6, 2007).

No Ordinance shall become effective until thirty days from and after the date of its adoption, except the following which shall take effect upon adoption:

A. An Ordinance calling or otherwise relating to an election;

B. An improvement proceeding Ordinance adopted under some law or procedural Ordinance;

C. An Ordinance declaring the amount of money necessary to be revised by taxation, or fixing the rate of taxation, or levying the annual tax upon property; or,

D. An emergency or urgency Ordinance adopted in the manner provided for in this Article.

(Amended November 6, 2007).

A violation of any Ordinance of the City shall constitute a misdemeanor unless by that Ordinance it is specifically designated as an infraction. Such violation may be prosecuted in the name of the People of the State of California and/or may be redressed through administrative and/or civil remedies.

Any violation of any Ordinance may, in the discretion of the City Attorney, acting as the City Prosecutor, be charged as, prosecuted as, or reduced to an infraction.

The maximum fine or penalty for any violation of a City Ordinance which is an infraction shall be the sum of five-hundred dollars. The maximum penalty for any violation of a City Ordinance which is a misdemeanor shall be the sum of one-thousand dollars or a term of imprisonment for a period not exceeding one year, or both such fine and imprisonment.

(Amended November 6, 2007; Amended January 12, 1977).

The amendment of any section or sections of an ordinance may be accomplished solely by the re-enactment of such section or sections at length, as amended.

In the event that there is more than one newspaper of general circulation published in the City, the City Council, at least once every three (3) years, shall cause a notice to be published inviting bids and contracts for the publication of all legal notices or other matter required to be published in a newspaper of general circulation published and circulated in said City during the ensuing fiscal years. In the event there is only one newspaper of general circulation published in the City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be designated the official newspaper for the publication of such notices or other matter for the period of such contract.

In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of legal notices of a private character.

In the event there is no newspaper of general circulation published and circulated in the City, then all legal notices or other matter may be published by posting copies thereof in at least three public places in the City.

No defect or irregularity in proceedings taken under this Section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in conformity with this Charter or law or Ordinance.

(Amended November 6, 2007).

Any elective official of the City who shall accept or retain any salaried public office or employment with the City, or any office or employment with another public agency having duties, obligations and/or loyalties inconsistent with his/her duties, obligations and/or loyalties to the City, except as provided in this Charter, shall be deemed thereby to have vacated his/her elected office under the City government.

(Added November 6, 2007).