Montclair Municipal Code Ch. 2.12 Mayor and City Council

A. Qualifications. A person is not eligible to hold office as Council member or Mayor unless that person is, at the time of taking out nomination papers for election to such office or being appointed to such office, a legally registered voter in the City of Montclair.

B. Residency. If a person holding the elective office of Mayor or Council Member moves his/her place of residence outside of the City Limits or ceases to be a legally registered voter in the City, his/her office shall immediately become vacant.

(Ord. 99-791 Exh. A (part); prior code § 2-2.01)

A. Municipal Election. A general municipal election shall be held on the first Tuesday after the first Monday in November of each even-numbered year and shall be consolidated with the statewide general election.

B. Elective Offices. All elective offices shall be filled by the City electorate at a general municipal election, unless a vacancy is filled by appointment or special election pursuant to the Government Code.

C. Term. City officers holding elective City office shall hold office for four years from the date they assume office until their successors are elected and assume office, or until the end of an unexpired term to which they are appointed or elected.

D. Electronic Filing of Campaign Disclosure Statements.

1. Electronic Statement Filing Option. Any elected officer, candidate, committee or other person or entity required to file statements, reports or other documents required by Government Code Section 84100 et seq. may file those statements, reports or other documents online or electronically with the City Clerk's electronic filing system.

2. Filing of Copies Electronically. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy online or electronically in the City Clerk's electronic filing system.

3. Opting in to Electronic Filing. Once an elected officer, candidate, committee, or other person or entity files a statement, report, or other document online or electronically pursuant to subsection (1), all future statements, reports, or other documents on behalf of that filer are required to be filed online or electronically in the City Clerk's electronic filing system, unless expressly permitted otherwise in writing by the City Clerk prior to the filing deadline.

4. If the City Clerk's electronic filing system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in a paper format.

5. The date of filing for a statement, report, or other document that is filed online or electronically pursuant to this section shall be the day that it is received by the City Clerk's electronic filing system. The City Clerk's electronic filing system shall issue to a person who files a statement, report, or other document electronically an electronic confirmation that notifies the filer that the statement, report, or other document was received. The confirmation shall include the date and the time that the statement, report, or other document was received by the City Clerk's electronic filing system and the method by which the filer may view and print the data received by the City Clerk's electronic filing system.

E. No limitations on campaign contributions to candidates for elective City offices. There shall be no limit on the monetary contributions from an individual, entity, or campaign committee to a candidate for elective office in support of his or her candidacy.

(Ord. 99-791 Exh. A (part); prior code § 2-2.02; Ord. No. 20-990, §§ I—III, 6-23-20; Ord. No. 21-997, § II—IV, 4-5-21)

Before entering upon elective duties, each elected City officer shall take, and file with the City Clerk, the constitutional oath of office.

(Prior code § 2-2.03)

If the Mayor or a Council Member is absent from all regular City Council meetings for 60 consecutive days from the last regular meeting attended, without first leaving notice with the City Clerk indicating the period of time for which the absence is planned, the office shall be declared vacant and shall be filled as any other vacancy. No inference is made in this section that the absence of the Mayor or a Council Member is dependent upon the authorization of the City Council.

(Ord. 99-791 Exh. A (part); prior code § 2-2.05)

A. Schedule. Each member of the City Council shall receive as salary the sum, rounded to the nearest dollar, of one thousand four hundred thirty-eight dollars ($1,438.00) per month.

B. Effective Date. Any increase in compensation shall become effective for all members of the City Council no sooner than the first day of the calendar month that next succeeds the beginning of a new term of office for any member of the City Council following the adoption of such increase.

(Ord. 06-872 § 1 (part): Ord. 03-833; Ord. 99-791 Exh. A (part); prior code § 2-2.06)

(Ord. No. 17-970, § I, 2-5-18; Ord. No. 24-1008, § I, 3-18-24)

Compensation provided to the Mayor, in addition to that received as a Council Member, shall be seven hundred fifty dollars ($750.00) per month.

(Ord. 06-872 § 1 (part): Ord. 99-791 Exh. A (part); prior code § 2-2.07)

(Ord. No. 17-970, § I, 2-5-18; Ord. No. 24-1008, § I, 3-18-24)

Compensation to a member of the City Council appointed or elected to fill a vacancy is the same as that payable to the member whose office was vacated.

(Ord. 99-791 Exh. A (part); prior code § 2-2.08)

The salaries prescribed in this chapter are, and shall be, exclusive of any amounts payable to each member of the City Council as reimbursements for actual and necessary expenses incurred through the performance of official duties for the City.

(Ord. 99-791 Exh. A (part); prior code § 2-2.09)

A. Council Meetings. Except as otherwise provided in the Government Code, all meetings of the City Council shall be open to the public, and all persons shall be permitted to attend any meeting of the City Council. A member of the public shall not be required, as a condition to attendance at a meeting of the City Council, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering or completion of the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers or completes the document.

B. Time. The City Council shall hold regular meetings on the first and third Mondays of each month at 7:00 p.m. When a regular meeting falls on a holiday, the meeting shall be held on the next business day.

C. Place. All regular meetings of the City Council shall be held in the City Council Chambers, located at 5111 Benito Street, Montclair, California.

D. Presiding Officer. The Mayor shall be the presiding officer at all meetings of the City Council. If the Mayor is absent or unable to act, the Mayor Pro Tem shall serve until the Mayor returns or is able to act. The Mayor may make or second any motion and present and discuss any matter as a member of the City Council. The Mayor is a member of the City Council and has all the powers and duties of a member of the City Council.

E. Adjourned Meetings. The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Three Council Members shall constitute a quorum for transaction of business in all meetings; less than a quorum may adjourn a meeting to a stated time and place. If all Council Members are absent from any regular or adjourned meeting, the City Clerk shall declare the meeting adjourned to a stated time and place. A written notice of the adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment, and a copy of the notice of adjournment shall be delivered to each Council Member.

F. Special Meetings. A special meeting may be called at any time by the presiding officer, or by a majority of the Council Members. A written notice of the special meeting, indicating the time and place of the special meeting and the business to be transacted, shall be received by each Council Member and a local newspaper of general circulation at least 24 hours before the time of the special meeting as specified in the notice. No other business shall be considered at a special meeting. Ordinances, other than an urgency ordinance, shall not be passed at other than a regular meeting or at an adjourned regular meeting.

G. Emergency Meetings. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the City Council may hold an emergency meeting without complying with the 24-hour notice requirement; however, the local newspaper of general circulation shall be notified by telephone at least one hour prior to the emergency meeting. In the event telephone services are not functioning, this requirement shall then be waived. Such newspaper shall then be notified as soon after the meeting as possible of the purpose of the meeting and any action taken. An emergency meeting shall be open to the public. The minutes of an emergency meeting, accompanied by a list of persons notified, a copy of the roll call vote and any actions taken shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. For purposes of this section, "emergency situation" means any of the following: (1) work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the City Council; and (2) crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the City Council.

H. Closed Sessions. All Closed Session of the City Council shall be held in accordance with that section of the Government Code known as "The Ralph M. Brown Act."

(Ord. 99-791 Exh. A (part); prior code § 2-2.10)

A. Selection. The City Council, at its first meeting following a general municipal election, shall choose one of its members as Mayor Pro Tem.

B. Power. The Mayor Pro Tem shall serve in the place of the Mayor if, for any reason, the Mayor is absent or is unable to act. While acting as the Mayor, the Mayor Pro Tem has all of the powers and duties of the Mayor. The Mayor Pro Tem shall relinquish his/her acting authority when the Mayor returns or is able to act.

C. Duties. The Mayor Pro Tem shall review payroll warrants and warrants in payment of budgeted demands prior to their presentation to the City Council for ratification and approval. Such warrants need not be audited by the City Council prior to payment.

(Ord. 99-791 Exh. A (part); prior code § 2-2.11)

A. Procedures. The City Council may establish rules for the conduct of its proceedings.

B. Minutes. The City Council shall direct the City Clerk to keep a record of its proceedings.

(Ord. 99-791 Exh. A (part); prior code § 2-2.12)