Merced Municipal Code Art. VII Appointive Boards and Commissions

There shall be the boards and commissions enumerated in this article which shall have the powers and duties herein stated. In addition, the city council may create by ordinance such boards or commissions as in its judgment are required and may grant to them such powers and duties as are consistent with the provisions of this Charter.

The city council shall include in its annual budget such appropriations of funds which 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 motion of the City Council adopted by at least four affirmative votes, and shall be subject to removal by motion of the City Council adopted by at least five affirmative votes. The members thereof shall serve for a term of four years and until their respective successors are appointed and qualified. For purposes of this Section and Section 702.1, a "term" shall be defined to include serving fifty percent plus one day of a term as a board member or commissioner on a particular board or commission, while service as a board member or commissioner on a particular board or commission for fifty percent or less of a term shall not constitute a term for purposes of term limits in Section 702.1 hereof.

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

The members of each of such boards or commissions shall not be eligible to serve more than two consecutive terms. At any time after the expiration of two years following said two consecutive terms, a former member of a board or commission may again be appointed to serve thereon, subject to the limitations of this section.

(Added June 4, 1968).

As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing 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 as required by Ordinance of the City Council, and such special meetings as it may require. All proceedings shall be open to the public.

A majority of the entire membership of such board or commission shall constitute a quorum to conduct business. The affirmative vote of a majority of the quorum present shall be necessary for the board or commission to take action unless otherwise required by an applicable statute.

The City Manager shall designate a secretary to record the minutes for each of such boards and commissions, and to keep a record of its proceedings and transactions. The boards and commissions shall follow the rules and regulations prescribed by and governing the City Council, copies of which shall be kept on file in the Office of the City Clerk where they shall be available for public inspection. The boards and commissions shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before them.

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

The members of boards and commissions shall serve without compensation for their services as such, but shall receive reimbursement pursuant to a reimbursement policy adopted by the City Council for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council and the member meets the criteria and the reporting requirements for reimbursement under the policy.

Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. 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. If a member of a board or commission absents himself/herself from three regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or is convicted of a felony or a crime involving moral turpitude, or ceases to be a qualified elector of the City, his/her office shall become vacant and shall be so declared by the City Council.

(Amended November 6, 2007).

Each member of any such board or commission shall have the power to administer oaths and affirmations in any investigation or proceeding pending before such board or commission.

There shall be a City Planning Commission consisting of seven members to be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government. The number of members to comprise the commission may be changed by Ordinance of the City Council to not less than five nor more than nine members.

The services of the City Engineer, City Attorney, Chief Building Official, Director of Development Services and other City staff shall be made available to such commission.

(Amended November 6, 2007).

The Planning Commission shall have power to:

A. Recommend to the City Council after a public hearing thereon, the adoption, amendment, approval, or repeal of any matter pertaining to annexation, land subdivision, development, planning, zoning, general plan, master plan, specific plan, or any part thereof, including all necessary environmental review accompanying such matter, for the physical development of the City; and,

B. Exercise such functions with respect to those matters as may be prescribed by the City Council by Ordinance or Resolution.

(Amended November 6, 2007).

There shall be a Personnel Board consisting, of five members to be appointed by the City Council from the qualified electors of the City, none of whom shall hold any salaried City office or employment, nor while a member of the Board or for a period of one year after he/she has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the City, or to any City elective office.

The members of the Personnel Board shall be nominated and appointed in the following manner:

Two members shall be appointed by the City Council from a list of five persons to be nominated by election by the employees in the classified service; two members shall be appointed by the City Council directly, and the fifth shall be appointed by the City Council from a list of three persons nominated by a majority of the four thus appointed. In the event the majority of the four thus appointed is unable to nominate three persons after sixty (60) days, the City Council may appoint from a list of less than three persons nominated. In the event the employees are unable to nominate five persons after sixty (60) days, the City Council may appoint from a list of less than five persons nominated. The successor of any member of the Board shall be nominated and appointed in the same manner as such member was nominated and appointed.

(Amended November 6, 2007).

The Personnel Board shall have power to:

A. Recommend to the City Council, after a public hearing thereon, the adoption, amendment or repeal of personnel rules and regulations;

B. Hear appeals of any person in the classified service, other than one serving a probationary period, relative to any suspension, demotion or dismissal and make recommendations thereon;

C. Hear appeals relating to grievances when provided for in a memorandum of understanding with the respective employee associations and make recommendations thereon; and,

D. Make any investigation with the consent of either the City Council or City Manager concerning the administration of personnel in the municipal service and report its findings and recommendations to the City Council and/or the City Manager, respectively.

(Amended November 6, 2007).

There shall be a recreation and parks commission consisting of seven members to be appointed by the city council from the qualified electors of the city and no member of said commission shall hold any paid office or employment in the city government. The number of members to comprise the commission may be changed by ordinance of the city council to not less than five nor more than nine members. In the event the city council contracts with other agencies interested in recreation and parks for the joint exercise of any of such functions, such contract may provide for representation on the commission of representatives of such agencies during the existence of such contract or extensions thereof.

The Recreation and Parks Commission shall have power to:

A. Act in an advisory capacity to the City Council in all matters pertaining to recreation and parks;

B. Consider the annual budget for recreation and parks during the process of its preparation and make recommendations with respect thereto to the City Manager and the City Council; and,

C. Assist in the planning of a recreation program for the inhabitants of the City, promote and stimulate public interest therein, and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein.

(Amended November 6, 2007).