Walnut Creek Municipal Code Art. 1 General Provisions

Except as otherwise provided by State law, the provisions of this article shall govern the commissions of the City.

(§ 1, Ord. 2106, eff. 1/6/2012)

All members of commissions shall serve without compensation.

(§ 1, Ord. 2106, eff. 1/6/2012)

(a) The term "commissioner" herein refers to adult individuals appointed by the City Council to serve on City commissions. The City Council shall appoint all commissioners, who shall serve by, and at the will of, the City Council.

(b) The term "student commissioner" herein refers to individuals who are both between the ages of twelve (12) and nineteen (19) and students in grades nine (9) through twelve (12), and are appointed by staff to serve in student commissioner seats on City commissions.

(c) The term "commission member" or "member" herein refers to both commissioners and student commissioners.

(§ 1, Ord. 2106, eff. 1/6/2012; § 2, Ord. 2242, eff. 9/7/2024)

(a) The City Council may remove any commissioners during the commissioner's term of office.

(b) Staff or the City Council may remove any student commissioner during the student commissioner's term of office.

(§ 1, Ord. 2106, eff. 1/6/2012; § 2, Ord. 2242, eff. 9/7/2024)

(a) All commissioners shall be registered voters and, unless specified otherwise, registered voters within the City.

(b) All student commissioners shall be between the ages of twelve (12) and nineteen (19) years old and in grades nine (9) through twelve (12). All student commissioners shall be residents of the City of Walnut Creek.

(c) All commissioners shall also be residents of the City of Walnut Creek unless the enacting City resolution or ordinance allows nonresident membership, or the member is required, by Federal or State law or the City resolution or ordinance establishing the commission, to represent a specified organization, agency, group, category or profession. When a commissioner ceases to be a resident of Walnut Creek by permanently moving from the City, the commissioner shall immediately report such move to the City Clerk and the commissioner's position shall become vacant effective on the date of the move. Such vacancy shall be filled in the same manner as the original appointment consistent with the requirements of this chapter.

(d) Notwithstanding subsection (a) of this section, the City Council may permit a commissioner who temporarily relocates from the City during the commissioner's term to complete all or a portion of the term; provided, that the member has reported their temporary relocation to the City Clerk within thirty (30) days of their relocation.

(e) No Council member, officer, or employee of the City of Walnut Creek may simultaneously serve on a commission. No commissioner or student commissioner may simultaneously serve on another commission or advisory body.

(§ 1, Ord. 2106, eff. 1/6/2012; § 2, Ord. 2197, eff. 10/3/2019; § 2, Ord. 2242, eff. 9/7/2024)

(a) All commissioner terms shall be for four (4) years. If a commissioner is appointed to an unexpired term, and over fifty percent (50%) of the term remains, the appointment shall be considered a first full term. If less than fifty percent (50%) of the term remains, then that appointment shall not be considered a full term and the commissioner is eligible for a subsequent appointment to a first full term.

(b) No commissioner shall serve for more than two (2) consecutive terms on a single commission, except as provided herein.

(c) For the purpose of determining term limits under subsection (b) of this section, if a commissioner is appointed to an unexpired term and less than fifty percent (50%) of the term remains, the initial partial term shall not be counted towards the two (2) term limit.

(d) Notwithstanding subsection (b) of this section, the City Council may reappoint a commissioner if the City Council determines all of the following:

1. The commissioner has submitted an application for an additional term;

2. The City Council determines reappointing the commissioner who served two (2) consecutive terms preceding the vacancy is in the best interests of the City.

(e) For the purposes of subsection (d) of this section, considerations for the best interests of the City may include, but are not limited to, specific experience and qualifications related to the commission, or the City's desire to maintain institutional memory and historic knowledge of the commission in light of significant turnover on that commission.

(f) All student commissioner terms shall be for two (2) years. If a student commissioner is appointed to an unexpired term, and over fifty percent (50%) of the term remains, the appointment shall be considered a first full term. If less than fifty percent (50%) of the term remains, then that appointment shall not be considered a full term and the student commissioner is eligible for a subsequent appointment to a first full term.

(g) No student commissioner shall serve more than one (1) consecutive term. No student commissioner shall serve on more than one (1) commission identified in this chapter. No student commissioner shall concurrently serve on the Youth Leadership Commission.

(h) For the purpose of determining term limits under subsection (g) of this section, if a student commissioner is appointed to an unexpired term and less than fifty percent (50%) of the term remains, the initial partial term shall not be counted towards the single two (2) year term limit.

(i) Nothing in this section shall limit the City Council's ability to make appointments or reappointments for an adjusted term period to maintain a staggered term structure.

(§ 1, Ord. 2106, eff. 1/6/2012; § 2, Ord. 2197, eff. 10/3/2019; § 2, Ord. 2242, eff. 9/7/2024)

(a) Biennially, in even-numbered years, the City Council shall conduct recruitments for scheduled commissioner vacancies. Following each biennial recruitment, the City Council will create a list of eligible commissioner candidates. The list will be maintained by the City Clerk.

For the purposes of this section, eligible commissioner candidates are those whom the City Council has determined to be qualified for appointment to a position on the commission at the time the candidate is added to the eligibility list. Criteria for such qualification may include, but are not limited to, expertise or in-depth knowledge in the subject matter of a commission; demonstrated leadership and commitment to public service; previous experience in serving on Walnut Creek commissions including the candidate's commitment and attendance during the previous term; and prior experience serving on any commission or similar institution.

(b) Biennially, in even-numbered years, staff shall conduct citywide recruitments for scheduled student commissioner vacancies, with input from the Youth Leadership Commission. Following each youth recruitment, staff will create a list of eligible student commissioner candidates. The list will be maintained by the City Manager's Office.

For the purposes of this section, eligible student commissioner candidates are those whom staff has determined to be qualified for appointment to a position on the commission at the time the candidate is added to the eligibility list. These candidates do not include members currently serving on the Youth Leadership Commission.

(§ 1, Ord. 2106, eff. 1/6/2012; § 2, Ord. 2197, eff. 10/3/2019; § 2, Ord. 2242, eff. 9/7/2024)

(a) Any unscheduled vacancy for a commissioner may be filled by the City Council either from the established eligibility list pursuant to Section 2-1.107(a) or by open recruitment.

(b) Any unscheduled vacancy for a student commissioner may be filled by staff appointment either from the established eligibility list pursuant to Section 2-1.107(b) or by open recruitment.

(§ 1, Ord. 2106, eff. 1/6/2012; § 2, Ord. 2197, eff. 10/3/2019; § 2, Ord. 2242, eff. 9/7/2024)

Student commissioners shall have a preferential vote. The preferential vote shall be cast before the official vote of the commission and shall be recorded in the minutes but does not count towards the final numerical outcome of the vote.

(§ 2, Ord. 2242, eff. 9/7/2024)

On appointment to a commission, neither the commissioner, nor a business entity controlled by such commissioner, may submit a bid or proposal for any contract or agreement with the City of Walnut Creek calling for the professional services of the commissioner or the commissioner's business entity, and no such contract or agreement shall be entered into by a commissioner or a business entity controlled by a commissioner. The term "business entity" shall have the meaning ascribed to it by the Political Reform Act of 1974. A business entity is "controlled by" a commissioner if the business entity is a sole proprietorship owned by the commissioner, if the business entity is a partnership in which the commissioner is a general partner, or if the business entity is a corporation in which the commissioner owns an equity interest of fifty-one percent (51%) or more.

(§ 1, Ord. 2106, eff. 1/6/2012; § 2, Ord. 2242, eff. 9/7/2024; Formerly 2-1.109)