West Covina Municipal Code § 2-69 Term of office

Footnotes:

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Editor's note— Ord. No. 2041, §§ 2 and 3, adopted Sept. 7, 1999, repealed the provisions of former article III, divisions 1—7 which pertained to boards and commissions and encompassed §§ 2-74—2-81, 2-91—2-98, 2-106—2-108, 2-110—2-113, 2-126—2-132 and 2-133—2-139. Ord. No. 2041 created a new article III, as set out herein, which includes §§ 2-66—2-76 and pertains to similar provisions as those found in former article III. For a detailed history of the provisions of former article III, divisions 1—7, please refer to the Code Comparative Table.

Three (3) commissions are hereby established by the city council:

(Ord. No. 2041, §§ 2, 3, 9-7-99; Ord. No. 2098, § 2, 4-15-03; Ord. No. 2174, § 1, 4-15-08; Ord. No. 2201, § 1, 2-2-10; Ord. No. 2229, § 1(Exh. A), 3-20-12; Ord. No. 2529, § 3, 4-15-25)

(a) Appointments. Each city council member has the power to appoint one (1) commissioner each to the human resources commission and the planning commission, and two (2) commissioners to the community and senior services commission. Commissioners shall be at least eighteen (18) years of age, and be a resident and registered voter of the city at the time of his or her appointment and throughout their term of office.

(b) Initial appointments. Initial appointments shall be made as set out in section 2-68.

(c) Vacancies. Any vacancy on any commission, from whatever cause arising, shall be filled by the council member who made the appointment of the person who held the seat immediately prior to its vacancy. If the seat of the council member who made the appointment is also vacant, the remaining council members may fill the commission vacancy by majority vote. Upon a vacancy occurring, any appointment to fill such vacancy shall be for the un-expired portion of such term.

(d) Removal. Notwithstanding the provisions of section 2-69, all commissioners shall serve at the pleasure of their appointing council member and the city council. A commissioner can be removed at any time by their appointing council member or by a minimum of four (4) votes of the city council. If the seat of the council member who made the appointment is vacant, the remaining council members may remove the commissioner by majority vote and fill the vacancy created as provided for in section 2-67(c).

Any commissioner removed from a commission for good cause as defined above may not be appointed to any city commission, ad-hoc committee, employment with the City of West Covina (volunteer, part-time, or full-time) for a period of one (1) year from the date of removal.

(Ord. No. 2041, §§ 2, 3, 9-7-99; Ord. No. 2098, § 2, 4-15-03; Ord. No. 2174, § 1, 4-15-08; Ord. No. 2193, § 2, 6-16-09; Ord. No. 2201, § 1, 2-2-10; Ord. No. 2229, § 1(Exh. A), 3-20-12; Ord. No. 2273, § 1, 6-2-15; Ord. No. 2301, § 1, 10-18-16; Ord. No. 2529, §§ 2, 3, 4-15-25)

Editor's note— Ord. No. 2201, § 1, adopted Feb. 2, 2010 amended § 2-67 to read as herein set out. Prior to amendment, § 2-67 pertained to power to appoint.

(a) All terms of commissioners in office on the effective date hereof, will expire on the date their successor is appointed. All new commissioner terms of office will begin on the date of each respective commissioner's appointment to office.

(b) After an application process for commissioners has been conducted as required by law and any procedures established by the city council, each council member will appoint commissioners, whose terms shall commence as provided in subsection (a) of this section, and will expire on the expiration of the appointing council member's term, upon earlier removal pursuant to section 2-67(d), vacating office for other reason(s), including no longer meeting the qualifications of office, or until replaced.

(c) A current commissioner may continue serving on the commission until his/her successor is appointed.

(d) On the effective date of this section, the assistant city clerk shall determine the first appointment date of each commissioner to the commission on which he or she serves and, for each commission, shall place the commissioners on a list in order of seniority, starting with the most senior and ending with the most junior in time of service on that commission. For any commissioners on a commission who were initially appointed on the same date, the assistant city clerk shall place the names of each such commissioner in a receptacle and then list them in the order their names are randomly drawn. The most senior planning commissioner and human resources commissioner, and the two (2) most senior community and senior services commissioners shall be assigned to the most senior member of the city council based on unbroken service from his last election date. The remaining commissioners shall likewise be assigned to the remaining council members in descending order of their seniority, using the same method for determining mayoral rotation for those council members elected in the same election. These assignments of commissioners to council members shall be used to determine which commissioners shall leave office upon appointment of successor commissioners by that council member. Nothing herein prevents reappointment of any commissioner by their assigned council member or any other council member.

(Ord. No. 2041, §§ 2, 3, 9-7-99; Ord. No. 2201, § 1, 2-2-10; Ord. No. 2208, § 1, 6-1-10; Ord. No. 2273, § 1, 6-2-15; Ord. No. 2529, § 3, 4-15-25)

(a) Length of term. Each commissioner shall serve until removed by action of the city council as provided for in section 2-67(d), vacating the office for other reason(s), or until replaced following the date of expiration of the appointing council member's term.

(b) Absent planning commissioners. Notwithstanding, planning commissioners who are absent (whether or not excused) from three (3) consecutive regular planning commission meetings or from a total of six (6) regular planning commission meetings during any calendar year shall be deemed to have vacated the position at the close of the meeting at which he or she has been absent as set out here.

(c) Other absent commissioners. In addition, any other commissioner who is absent (whether or not excused) from two (2) consecutive regular commission meetings or from a total of three (3) regular commission meetings during any calendar year shall be deemed to have vacated the position at the close of the meeting at which he or she has been absent as set out here.

(d) Resignation. A commissioner may resign by submitting a written statement to the city clerk. The resignation is effective when submitted.

(e) (1)

At least twenty-one (21) days prior to certification of the results of each city council election, the assistant city clerk shall advertise that vacancies in each commission for the corresponding council seats will occur on the date election results are certified and new council terms begin. Applications for such vacancies shall be accepted for a period designated in any published vacancy notice, and commissioners then serving terms set to expire shall be permitted to submit applications for such vacancies. Each council member elected at the immediately preceding election shall then make appointments at a duly noticed public meeting for each commission seat assigned to that council member, in order of seniority or mayoral selection priority, for terms to commence at the time specified in the appointment. Each commissioner shall continue to serve until his/her successor is appointed.

(2) At such other times as there may be one or more vacancies on any city commission for any reason other than the election of one or more council members, the assistant city clerk shall advertise that such vacancy or vacancies have occurred as required by law. Applications for such vacancies shall be accepted for a period designated in any published vacancy notice. Appointments shall be made as provided for in section 2-67.

(Ord. No. 2041, §§ 2, 3, 9-7-99; Ord. No. 2201, § 1, 2-2-10; Ord. No. 2208, § 1, 6-1-10; Ord. No. 2229, § 1(Exh. A), 3-20-12; Ord. No. 2273, §§ 1, 2, 6-2-15; Ord. No. 2529, § 3, 4-15-25)

Editor's note— Ord. No. 2201, § 1, adopted Feb. 2, 2010, repealed § 2-70, in its entirety. Former § 2-70 pertained to filling vacancies. See Code Comparative Table for derivation.

(a) Meetings. Each commission (with the exception of the planning commission which shall meeting twice a month) shall meet at least once every other month on a day and at a time determined by the commission and approved by resolution of the city council. A majority of the members of the commission shall constitute a quorum for the transaction of business. All meetings, including special meetings, shall be held in the manner provided for in the Ralph M. Brown Act, California Government Code § 54590, as it may be amended from time to time.

(b) Annual election of officers. At its first regular meeting in June (May for the planning commission) and annually thereafter (and as needed to fill a vacancy) each commission shall elect a chair and vice-chair from among its members, of whom shall serve one-year terms. Each commission may also elect a secretary for the commission, and the person elected secretary does not need to be a member of the commission. Each commission shall have the power to adopt rules for the transaction of business and shall keep a record of resolutions, findings and determinations.

(c) Compensation. Any compensation shall be set by resolution of the city council.

(Ord. No. 2041, §§ 2, 3, 9-7-99; Ord. No. 2174, § 1, 4-15-08; Ord. No. 2185, § 1, 12-16-08; Ord. No. 2201, § 1, 2-2-10; Ord. No. 2529, § 3, 4-15-25)

The community and senior services commission may:

(1) Aid and advise the city council on matters pertaining to the community service needs of the citizens of West Covina relating to:

a. Public recreational services.

b. Cultural activities and special events.

c. Senior services.

d. Youth services.

e. Public transportation.

f. Neighborhood and human relations.

g. Human rights.

(2) Review matters pertaining to the preparation, implementation, and evaluation of the city's community development block program.

(3) Seek the assistance of citizen committees to investigate and research specific issues concerned with community services with the concurrence of the city council.

(4) Aid and advise the city council in the identification of the needs of the senior population of West Covina, and recommend policies and programs to meet those needs.

(5) Foster, enhance, and recognize volunteers of all ages within the community.

(6) Provide input to the planning commission and the city council on matters pertaining to the design and features of parks, community centers, and senior center that affect the provision of recreation and related services.

(7) Recommend programs and activities directed toward enhancing the recreation, social, and senior service opportunities available to all persons in our community.

(8) Recommend to the city council programs and activities directed toward enhancing communication and relationships between residents, agencies, institutions, and businesses in our community.

(9) Recommend to the city council measures to ameliorate physical, social and economic conditions adversely affecting the residents of our community.

(10) Seek involvement of residents, agencies, organizations, institutions, and the business community to further mutual regard and understanding between all persons of our city, and work toward constructive resolution of tensions whenever they occur.

(11) Recommend to the city council delinquency prevention programs that foster respect, positive self-esteem, and personal and social responsibility.

(Ord. No. 2041, §§ 2, 3, 9-7-99; Ord. No. 2201, § 1, 2-2-10; Ord. No. 2229, § 1(Exh. A), 3-20-12; Ord. No. 2529, § 3, 4-15-25)

Editor's note— Ord. No. 2229, § 1(Exh. A), adopted Mar. 20, 2012, retitled § 2-72 from "Community services commission responsibilities" to "Community and senior services commission responsibilities."

(a) Advisory capacity. As provided in article III of this chapter and the personnel rules, the human resources commission may act in an advisory capacity to the council and the personnel officer on personnel matters not specifically delegated by law to other parties in the city service.

(1) Review personnel administration. The human resources commission may continually review the recruitment and selection process for the classified service, including the publishing or posting of test notices and the preparation and scoring of tests, and the certification of [those] eligible for appointment, and review the city's position classification system; and make comments and recommendations regarding such processes to the personnel officer of the council.

(2) Requests for hearings. When requested by the council or the personnel officer, the human resources commission may hold hearings and make other recommendations on any of the matters of personnel administration, within the limits of the request by the council or the city manager.

(3) Appeals. As provided by article III of this chapter and by the personnel rules, the human resources commission may receive and hear appeals submitted by any person in the city service relative to any dismissal, demolition, reduction in pay or alleged violation of such article III or the classification and salary resolution of the personnel rules; and to certify its findings and recommendations as provided in this chapter.

(4) Hearing procedures; subpoenas. In any hearing delegated to the commission under this section, it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas, issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served; and refusal of a person to attend or testify in answer to such subpoena shall subject such person to prosecution, in the same manner set forth by law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the human resources commission shall have the power to administer oaths to witnesses.

(Ord. No. 2041, §§ 2, 3, 9-7-99; Ord. No. 2098, § 2, 4-15-03; Ord. No. 2201, § 1, 2-2-10; Ord. No. 2529, § 3, 4-15-25)

The planning commission shall:

(1) Prepare, adopt and recommend to the council a comprehensive long-term plan for the physical development of the city, which shall be known as the City of West Covina General Plan.

(2) Prepare, adopt and recommend to the council plans based on the general plan and drafts of such regulations, programs and legislation as may, in its judgment, be required for the systematic execution of the general plan.

(3) Act on the advisory agency of the council in connection with the administration of the State Map Act.

(4) Hear and decide applications for variances, unclassified use permits, tentative tract and parcel maps, as well as precise plans of design in accordance with adopted rules and procedures.

(5) Investigate, hear and recommend to the city council plans for the improvement and beautification of the city, including such matters supplementary or [relating to] change of zoning regulation and district.

(6) Aid and advise the city council on matters pertaining to the promotion and advancement of the visual and performing arts within the community, and carry out the responsibilities necessary for the administration, implementation, and promotion of the city's art in public places program as outlined in chapter 17 of this Code.

(7) Perform all other duties as may be imposed by law or the city council.

(Ord. No. 2041, §§ 2, 3, 9-7-99; Ord. No. 2201, § 1, 2-2-10; Ord. No. 2229, § 1(Exh. A), 3-20-12; Ord. No. 2529, § 3, 4-15-25)

Editor's note— Ord. No. 2201, § 1, adopted Feb. 2, 2010, repealed § 2-75, in its entirety. Former § 2-75 pertained to the waste management and environmental quality commissioner's responsibilities. See Code Comparative Table for derivation.

Editor's note— Ord. No. 2229, § 1(Exh. A), adopted Mar. 20, 2012, repealed § 2-76, in its entirety. Former § 2-76 pertained to "Senior commission." See Code Comparative Table for derivation.

Editor's note— Ord. No. 2229, § 1(Exh. A), adopted Mar. 20, 2012, repealed § 2-77, in its entirety. Former § 2-77 pertained to "Public arts commission." See Code Comparative Table for derivation.