Chapter 2.1 — THE CITY COUNCIL

• a. The regular meeting days for the City Council of the City of Oakley shall be the second and fourth Tuesdays of each month; provided, that if a regular meeting date is a legal holiday, the meeting may be held on the preceding business day.

• b. The regular meeting time of the City Council of the City of Oakley shall be 6:30 p.m.

• c. The regular meeting place of the City Council of the City of Oakley shall be in the Oakley City Council Chambers, located at 3231 Main Street, Oakley, California.

• (Ord. 02-09, 1/27/2009)

• a. Each year during the month of December, the City Council shall appoint one of its members as Mayor and one of its members as Vice Mayor for the following calendar year.

• b. Except as provided in subsection (e) of this section, the Mayor and Vice Mayor shall be selected based on the number of the City Council district from which each was elected in their immediately preceding City Council elections. The Mayor and Vice Mayor shall be selected based on the rotation schedule stated in subsections (c) and (d) of this section.

• c. For calendar year 2025, the rotation schedule for selection of Mayor and Vice Mayor shall commence as follows:

  • 1. If the City Council member elected to represent City Council District Five has served for at least the preceding three hundred forty-five (345) days on the City Council, then the Mayor for that calendar year shall be selected from Council District Five, and the Vice Mayor for that calendar year shall be selected from City Council District Four; or
  • 2. If the member elected to represent City Council District Five has not served at least the preceding three hundred forty-five (345) days on the City Council, and the member elected to represent City Council District Four has served for at least the preceding three hundred forty-five (345) days on the City Council, then the Mayor for that calendar year shall be selected from Council District Four, and the Vice Mayor shall be selected from City Council District Three; or
  • 3. If the members elected to represent City Council Districts Four and Five have not served at least the preceding three hundred forty-five (345) days on the City Council, and the member elected to represent City Council District Two has served for at least the preceding three hundred forty-five (345) days on the City Council, then the Mayor for that calendar year shall be selected from Council District Two, and the Vice Mayor shall be selected from City Council District One; or
  • 4. If the members elected to represent City Council Districts Two, Four, and Five have not served at least the preceding three hundred forty-five (345) days on the City Council, and the member elected to represent City Council District Three has served

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ADMINISTRATION

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for at least the preceding three hundred forty-five (345) days on the City Council, then the Mayor for that calendar year shall be selected from Council District Three, and the Vice Mayor shall be selected from City Council District Two.

• 5. If the members elected to represent City Council Districts Two, Three, Four, and Five have not served at least the preceding three hundred forty-five (345) days on the City Council, then the Mayor for that calendar year shall be selected from Council District One, and the Vice Mayor shall be selected from City Council District Five.

• d. For calendar year 2026, and each calendar year thereafter, the Mayor for the calendar year shall be the Council member who served as the Vice Mayor during the preceding calendar year; and the Vice Mayor for the calendar year shall be selected from the district number that is the next lower-numbered district below the number of district from which the Mayor is selected, except that if the Mayor is selected from City Council District One, the next lower-numbered district shall be deemed to be City Council District Five.

• e. A member shall not serve as Mayor if he or she has not previously served on the City Council for at least three hundred forty-five (345) days preceding the date of selection. In addition, the City Council may decline to appoint a member as Mayor or Vice Mayor if a majority of the City Council determines any of the following circumstances exist:

  • 1. A violation of law or City policy, or has been or is being investigated for a violation of law or of policy;
  • 2. Intemperate, rude, or disparaging remarks or conduct toward the public, staff or City Council;
  • 3. Lack of leadership or communications skills;
  • 4. Excessive absenteeism as a Council member;
  • 5. Any other conduct that would be considered to be unprofessional or unbecoming of the position of Mayor or Vice Mayor;
  • 6. Determination that the person does not have the available time to assume the additional duties of Mayor or Vice Mayor.

• f. Should a member be ineligible under subsection (e) of this section to serve as Mayor, or should a majority of the City Council decline to appoint a member as Mayor or Vice Mayor for any of the reasons stated in subsection (e) of this section, or should the member serving as Mayor or Vice Mayor resign his or her service as Mayor or Vice Mayor during his or her term, the City Council shall by majority vote select another member to fill the position for the calendar year or remainder of that year. The appointment of any member under this subsection shall not affect, alter, or reset the mayoral and vice-mayoral rotation schedule for future calendar years, as provided in subsection (d) of this section.

• g. The provisions of this section shall take effect on December 1, 2024, on which date and thereafter, this section shall supersede and replace the provisions of Section 2.1.005.

• (Ord. 01-23, 2/28/2023)

If the regular meeting place is unable to accommodate the number of persons in attendance, the

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Council may recess the meeting to another place. If the Council anticipates the regular meeting place will be inadequate, the Council, or the Mayor in the event of an emergency, may order that the meeting be held in another place.

• a. Each year during the month of December, the City Council shall appoint one of its members as Mayor. The member selected to be Mayor typically will be the member who is serving as Vice Mayor, unless the Vice Mayor is unavailable to be appointed as Mayor due to failure to be re-elected, insufficient time to dedicate to the office, or other reasons.

• b. Each year during the month of December, the City Council shall appoint one of its members as Vice Mayor. The person selected as Vice Mayor shall have been a member of the Council for at least one year prior to the appointment as Vice Mayor.

• c. Neither the Mayor nor the Vice Mayor serves a term of office, but rather serves in those capacities at the pleasure of the majority of the City Council.

• d. It is the intent of this section to establish a rotation process so that each Council member shall have the opportunity to become either Vice Mayor or Mayor, or both.

• e. The City Clerk shall establish and keep a "rotation schedule" regarding the City Council members. The member with the most continuous time of service on the Council who has not previously served as Vice Mayor and is not selected Mayor will be selected as Vice Mayor. If two or more members have equal time of continuous service, the member who received the highest number of votes at his/her election shall be selected. The other members with equal time of continuous service will have their rank on the rotation schedule determined by the number of votes that they received at their election, with the member having the higher number of votes receiving higher ranking.

• f. When the Mayor completes his/her service as Mayor, he/she shall revert to the bottom of the rotation schedule.

• g. If a member was appointed to the City Council, he/she shall be placed at the bottom of the rotation schedule when appointed, and shall continue up the rotation schedule thereafter in the same manner as the other members.

• h. If a member voluntarily declines appointment as either Mayor or Vice Mayor, he/she shall then rotate to the bottom of the schedule.

• i. The City Council may decline to appoint a member to serve as Mayor or as Vice Mayor if a majority of the City Council determines that the person has experienced or exhibited any of the following:

  • 1. A violation of law or City policy, or has been or is being investigated for a violation of law or of policy;
  • 2. Intemperate, rude or disparaging remarks or conduct toward the public, staff or City Council;
  • 3. Lack of leadership or communications skills;
  • 4. Excessive absenteeism as a Council member;

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ADMINISTRATION

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• 5. Any other conduct that would be considered to be unprofessional or unbecoming of the position of Mayor or Vice Mayor;
• 6. Determination that the person does not have the available time to assume the additional duties of Mayor or Vice Mayor.

• j. This section shall remain effective through November 30, 2024, and thereafter shall be of no further effect due to the operative date of Section 2.1.003.

• (Ord. 01-23, 2/28/2023; Ord. 01-13, 2/26/2013)

• a. Authority for Enactment. This subsection is enacted under Government Code Section36516, which authorizes a City Council to provide by ordinance that each member of the Council may receive a salary based upon the population of the City.

• b. Population of the City. The latest estimate of population of the City, as measured by the 2020 United States Census, is forty-three thousand three hundred fifty-seven (43,357).

• c. Salary.

  • 1. Amount. Under the authority of Government Code Sections 36515 and 36516.5, each member of the City Council shall receive compensation in the amount of $800 per month, payable at the same time and in the same manner as the salary paid to officers and employees of the City. This section shall become effective upon the assumption of office of members of the City Council elected at the November 2024 municipal election.
  • 2. Increase in Amount. The salary provided in subsection (c)(1) of this section may be increased beyond the amount so provided. However, the increase shall be accomplished by adoption of an ordinance and shall comply with requirements of State law.

• d. Increase or Decrease in Salary Based on Population. When the Federal census or the State Department of Finance makes a new estimate of the population placing the City in a population group other than the population group used to set the salary provided for in subsection (c) of this section, the salary payable to each member of the Council may be increased or decreased, as the case may be, in order to equal the sum set forth for the applicable population group in Government Code Section 36516. However, the increase or the decrease in the salary becomes payable only after the date when one or more members of the Council become eligible for the new salary, by beginning a new term of office following the succeeding general municipal election held in the City.

• e. If authorized by statute, a member of the City Council shall additionally receive compensation for his or her service on a commission, committee, board, authority, or similar body on which the member serves. If the statute authorizing such payment specifies the amount of compensation, the member shall receive the specified amount of compensation. If the statute authorizing such payment does not specify the amount of compensation, a member of City Council shall not receive compensation for his or service.

• f. Additional Compensation. The compensation prescribed by subsections (c) and (e) of this section is exclusive of any other amount payable to a member of the Council as

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reimbursement for actual and necessary expenses incurred in the performance of official duties.

• g. Reimbursement for Expenses. Pursuant to Government Code Section 36514.5, which provides that City Councilmembers may be reimbursed for actual and necessary expenses incurred in the performance of official duties, and in accordance with Government Code Sections 53232.2 and 53232.3, the members of the City Council shall be reimbursed for actual and necessary expenses incurred in the performance of official duties, subject to the following restrictions:

  • 1. The expense was incurred by the member of the City Council;
  • 2. The expense was incurred in the performance of the Councilmember’s official duties;
  • 3. The expense is a necessary expense; and
  • 4. The reimbursement, together with any prior reimbursements in the fiscal year, will not exceed the amount included in the City’s approved annual budget for reimbursement of the Councilmember’s expenses for the fiscal year in which the expense was incurred.

• h. Reimbursement Exceeding Budgeted Amount. Notwithstanding the limit placed on reimbursement in subsection (g)(4) of this section, upon request by an individual Councilmember and good cause shown, the Council may approve reimbursement in any fiscal year in excess of the amount budgeted for an individual Councilmember, provided the request for reimbursement satisfies the requirements of subsections (g)(1), (2) and (3) of this section.

• i. A member of the City Council may waive any or all of the compensation permitted by this section.

• (Ord. 09-07, 5/14/2007; Ord. 19-10, 10/12/2010; Ord. 15-14, 9/23/2014; Ord. 01-24, 2/13/ 2024)

• a. Announcement of Vacancy and Invitation for Applications. Upon the City Clerk receiving a written resignation from a Councilmember, or upon the death of a Councilmember, or upon the determination by the City Council that a vacancy exists for some other reason, the Clerk shall post a notice of the vacancy and invite applications from Oakley residents for appointment to the vacancy. The notice shall be, at a minimum, delivered to the newspaper of general circulation which prints the City’s legal notices, to the City’s website, to all persons who have requested copies of City Council agendas, and to the consent calendar of the next City Council meeting. The notice shall provide a deadline, at least thirty (30) calendar days from the date of posting of the notice, for submission of applications. The City Clerk shall provide an application form to any person qualified for appointment who requests an application. The application forms shall generally follow the content of application forms for appointment to other City committees or commissions, and specify the applicant’s name, address, contact information, interest in the position, qualifications and other pertinent information. The application form shall state that any applications submitted are deemed to be public records and available for public inspection and copying. Nothing in this subsection or section shall interfere with the right of the City Council to, instead of making an appointment, call a special election for the purpose of filling the

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ADMINISTRATION

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vacancy.

• b. Consideration of Applications. The City Clerk shall post all applications received on a public City Council meeting agenda for consideration by the City Council. At that time, or at such other time as the Council may determine, the Council shall conduct public interviews of the candidates at a regular City Council meeting. The public shall have the opportunity to comment upon the candidates as a part of the agenda item. No discussion of the candidates may be had in closed session. If the City Council determines to appoint a candidate to fill a vacancy, it shall do so within sixty (60) calendar days of the effective date of the vacancy. In the case of a resignation, the effective date of the resignation shall be the date specified in the resignation for its effectiveness to occur. It shall not be necessary for the City Council to accept a resignation. An appointment will be deemed to have been made upon a motion made and seconded and having received at least three affirmative votes. Upon an appointment having been made, the successful candidate shall, at that meeting or at a subsequent regular City Council meeting, take the oath of office and be seated with the City Council. No appointment shall be deemed to have been completed and become effective until the appointee takes the oath of office.

• c. Powers and Duties. Any person appointed to the City Council shall serve the unexpired term of the Councilmember who has been replaced. The appointed Councilmember shall have all of the rights, privileges and duties of an elected Councilmember, and shall be eligible for appointment to Vice Mayor and Mayor as provided in the rotation system for such appointment specified in this chapter. The City Council may appoint the appointed Councilmember to the committee assignments held by his/her predecessor, or may determine to make other committee appointments, or no committee appointments. The appointed Councilmember shall complete and file all conflict of interest disclosure forms as are required by law and shall be bound by and obey all other requirements pertaining to membership on the City Council.

• (Ord. 19-14, 11/18/2014)

The City shall address the succession of officers who head departments having duties in the maintenance of law and order or in the furnishing of public services relating to health and safety in the case of a state of war emergency, state of emergency, or local emergency in the City’s Emergency Disaster Plan. Policies and procedures outlined in the City’s Emergency Disaster Plan will be consistent with California Government Code Sections 8635-8644. (Ord. 19-06, 10/23/2006)

• a. Any elected officer, candidate, committee or other person required to file statements, reports or other documents, except an elected officer, candidate, committee or other person who receives contributions totaling less than $2,000, and makes expenditures totaling less than $2,000 in a calendar year, shall file those statements, reports or other documents electronically with the City Clerk.

• b. Any person holding a position listed in Government Code Section 87200, or designated in the City’s local Conflict of Interest Code adopted pursuant to Government Code Section 87300, shall file any required Statement of Economic Interest reports (Form 700)

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electronically with the City Clerk.

• c. Filings set forth in subsections (a) and (b) of this section which are filed and received electronically with the City Clerk are not required to also be filed with the City Clerk in paper format. An electronic filing will be the official record of such filing. Filers must sign electronic filings in the system under penalty of perjury.

• d. 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 electronically.

• e. If the City Clerk’s electronic 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 an alternative format.

• f. The date of filing for a statement, report or other document that is filed electronically shall be the day that it is received by the City Clerk. The City Clerk shall provide a confirmation of receipt upon receiving the filing which includes the date and time received and the method by which the filer may view and print the data received by the City Clerk.

• g. A copy of the electronic filing retained by the filer and the confirmation set forth in subsection (f) of this section shall create a rebuttable presumption that the filer timely filed the statement, report or other document.

• h. Electronic filing data made available through the City’s website shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The local officer shall make a complete, unredacted copy of any statement, report, or other document filed pursuant to this section, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request.

• i. The local filing officer shall maintain, for a period of at least ten (10) years commencing from the date filed, a secured, official version of each online or electronic statement, report, or other document files pursuant to this section, which shall serve as the official version of that record for audit or legal purposes. Data that has been maintained for at least ten (10) years may then be archived in a secure format.

• j. It is found that the electronic filing system will operate securely and effectively and will not unduly burden filers. Specifically, the electronic filing system will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert data; the electronic filing system will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State’s system for receiving an online or electronic filing; and the electronic filing system will be available free of charge to filers and to the public for viewing filings.

• (Ord. 18-19, 11/12/2019)

• a. It is the practice of members of the City Council to use personal social media, which is any digital platform that allows members to create and share information with other users or audiences.

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City of Oakley, CA

ADMINISTRATION

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• b. When members of the City Council use their personal social media to discuss City matters, their social media communications may be considered public records subject to public disclosure under the California Public Records Act (California Government Code Section 7920 et seq.) or other applicable law.

• c. When members of the City Council use their personal social media and interact in any manner with other members, their social media communications may be subject to open meeting laws, including the Ralph M. Brown Act (California Government Code Section 54950 et seq.).

• d. When members of the City Council use their personal social media to discuss any quasijudicial matters that may or do come before the City Council, their social media communications could reasonably be construed as evidence of bias, prejudgment, or personal interest.

• e. If members of the City Council use publicly accessible personal social media to communicate regarding City business, they may be creating a limited public forum subject to First Amendment speech protections. If such a forum is created, a member taking action, such as removing individual comments or blocking individuals from commenting, may violate those individuals’ First Amendment rights. (Lindke v. Freed, United States Supreme Court Case No. 22-611, decided March 15, 2024.)

• f. Members of the City Council shall refrain from using any City-owned or issued devices to use or maintain their private social media accounts.

• g. Members of the City Council shall be provided a written copy of this section at the beginning of any term they serve or fill, following their election, reelection, or appointment, which copy shall be provided no later than the date of the first regular meeting of their term.

• (Ord. 07-24, 5/14/2024)

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