Modesto Municipal Code Art. XI Appointive Boards and Commissions

There shall be the boards and commissions enumerated in this article, which shall have the powers and duties as provided herein. Except as otherwise provided in this article, the number of members to comprise any board or commission shall be determined by ordinance. No member of any board or commission shall hold any paid office or employment in the City government. Except as otherwise provided in this article, in order to be eligible for appointment or to hold office as a member of any board or commission, a person shall be a registered elector of the City. In addition to the boards and commissions enumerated in this article, the 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 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 resolution of the Council adopted by at least four affirmative votes. The members thereof shall serve for a term of four years and until their respective successors are appointed and qualified.

The members first appointed to such boards and commissions shall so classify themselves by lot that each succeeding January 1 the term of one of their number shall expire. If the total number of members of a board or commission to be appointed exceeds four, the classification by lot shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least one member shall expire on each succeeding January 1, and that the number of terms expiring in any year does not exceed by more than one the number expiring in any other year.

The members of the boards and commissions holding office when this Charter takes effect shall continue to hold office thereafter until their respective terms of office shall expire and until their successors shall be appointed and qualified. The successors of such members shall be appointed for terms of such duration, not exceeding four years, as will carry into effect the plan for staggered terms prescribed in the preceding section [1102].

As soon as practicable following the first day of January of each year, each of such boards and commissions shall organize by electing one of its members to serve as chairperson at the pleasure of such board or commission. Whenever a special meeting of any board or commission shall be called, the secretary shall cause written notice of such meeting to be given to each member of such board or commission and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or must be deposited in the United States mail, postage prepaid, at least 24 hours before the time of such meeting as specified in the notice. The notice and 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 by said boards or commissions.

Written notice to each member of any board or commission may be dispensed with as to any member of any board or commission who, at or prior to the time the meeting convenes, files with the Secretary of such board or commission a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member of any board or commission who is actually present at the meeting at the time it convenes.

The affirmative or negative vote of a majority of the entire membership of such board or commission shall be necessary for it to take action.

Unless otherwise provided by the Council, or by this Charter, the City Manager 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.

(As amended November 7, 1989 and November 8, 2022)

The members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred in the performance of their official duties.

Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the 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 is absent 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 crime involving moral turpitude, or ceases to be a qualified elector of the City, the member's office shall become vacant and shall be so declared by the Council.

(As amended November 7, 1989)

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 Planning Commission. 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 General Plan or any part thereof for the physical development of the City; and

(b) Exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by ordinance or resolution.

There shall be a Board of Personnel Appeals consisting of three (3) members. The Board of Personnel Appeals shall have the power and duty to:

(a) Select a hearing officer to hear the appeals of any person in the classified service relative to any suspension, demotion or dismissal, so long as a separate and distinct procedure has not been delineated by a valid and existing Memorandum of Understanding.

(b) Act in an advisory capacity to the City Manager on such personnel matters as may be referred to it by the City Manager.

The Board of Personnel Appeals and its duties and obligations hereunder shall not be operative, or in effect, during the period in which the California Public Employment Relations Board (PERB), or similar state agency or department, exercises the essential functions and duties prescribed for the Board of Personnel Appeals as contemplated herein.

(As amended November 4, 1980 and November 8, 2022)

Editor's note— As amended by the General Municipal Election Ballot on November 8, 2022, Section 1108, was amended to include the former Section 1109, Board of Personnel Appeals, Powers and Duties to read as herein set out. Former Section 1109 derived from amendments enacted March 8, 1977, November 4, 1980, and November 7, 1989.

There shall be a Culture Commission with a membership established by the City Council. The Commission shall have the power and duty to:

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

(b) Formulate and recommend annually to the Council a program relating to art, literature, and music and other cultural activities;

(c) Promote the preservation of historic sites, landmarks, documents, paintings and other objects associated with the history of the City and its area, and develop educational interest in all such historical matters;

(d) Act in an advisory capacity to the Council, City Manager and Director of any Museum or Cultural Center that may be established by the Council.

(As amended November 5, 1974, November 4, 1980 and November 8, 2022)

There shall be a Human Relations Commission consisting of seven members, five of whom shall be registered electors of the City, and two of whom shall live outside the City but shall be registered electors of Stanislaus County. The Commission shall have the power and duty to:

(a) Act in an advisory capacity to the City Council in matters pertaining to human relations and behavior;

(b) Formulate and recommend annually to the Council a program for furthering human relations in the community;

(c) Perform such other duties with respect to human relations and behavior as the City Council may prescribe by ordinance or resolution.

(d) The City Council may, by resolution, assign another City commission with a similar function to carry out the power and duties of the Human Relations Commission.

(Added November 4, 1980 and November 8, 2022)