Chapter 2.26
CITY BOARDS AND COMMISSIONS
Sections:
2.26.030 Qualifications and eligibility.
2.26.040 Terms, removal, and vacancies.
2.26.060 Boards and commissions subject to the Brown Act.
2.26.010 In general.
There shall be city boards and commissions as are established by the city council. The council may create by ordinance additional boards and commissions as in its judgment are required. The provisions in this chapter shall apply to boards and commissions created under this title unless another code chapter under this title provides otherwise. The term "city boards and commissions" shall also apply to certain committees created by council other than temporary committees to review an issue but it shall not apply to ad hoc committees of the city council as authorized under the Brown Act. (Ord. 23-08 §1, 2023).
2.26.020 Appointments.
A. Unless otherwise specifically provided by state law or another code chapter under this title, appointments to boards and commissions established by the city council shall be made in accordance with this chapter. This chapter shall not apply to appointments made pursuant to joint powers agreements.
B. The mayor is authorized pursuant to Government Code Section 40605 to make appointments to city boards and commissions subject to approval by the city council.
1. The city clerk shall be responsible for advertising positions on boards and commissions annually in accordance with Government Code Section 54974 (the Maddy Act) and when vacancies occur per Section 2.26.030. In the event no applications are received, the city clerk will re-advertise for the position(s).
2. The mayor shall review the applications and make appointments to respective positions. In the event no applications are received, after issuance and re-issuance, the mayor may make the appointment(s) and submit to city council for approval.
3. The appointments will be submitted to the city council for approval at a duly noticed public meeting.
4. The council may appoint a member of the city council to serve as a liaison to city boards and commissions. The liaison (a) shall not sit with the board or be a voting member; (b) may answer questions of the board but shall not try to influence the board; and (c) should provide periodic reports to the city council as deemed necessary. (Ord. 23-08 §1, 2023).
2.26.030 Qualifications and eligibility.
A. Any person wishing to be appointed to a board or commission must file an application provided by the city clerk. This includes persons whose terms expire and who wish to be re-appointed.
B. Unless otherwise provided by superseding law or ordinance, all members of any city board or commission shall be at least eighteen years old.
C. Employees of city shall not be eligible to serve on a city board and commission. Employees of city may serve as staff to city boards and commissions.
D. Applicants to city boards and commissions should have knowledge, appreciation, and a basic understanding of public issues and concerns related to the city.
E. A person shall not be eligible to serve on two different city boards or commissions at the same time. However, if advertising for a position results in no applications, a person may be eligible to serve on two different boards or commissions at the same time.
F. Unless otherwise provided by superseding law or ordinance, all members of any city board or commission shall reside within the city limits or the city’s sphere of influence at the time an application for the position is filed and during their incumbencies. (Ord. 23-08 §1, 2023).
2.26.040 Terms, removal, and vacancies.
A. Terms on city boards and commissions shall be for a period of three years and until their successors are appointed.
B. The respective terms of office of all members of city boards and commissions in existence on the effective date of the ordinance codified in this chapter shall continue until they expire. Thereafter, vacancies shall be filled in accordance with this chapter or other code chapter.
C. A member’s office on a board or commission shall become vacant as follows:
1. The conditions for a vacancy under Section 2.26.050 regarding attendance are met; or
2. The member is convicted of a felony; or
3. The member dies while in office; or
4. The member resigns; or
5. The member does not meet the eligibility requirements; or
6. The member ceases to be a resident as required under Section 2.26.030.
D. Members of city boards and commissions may be removed by a majority vote of the full city council.
E. In accordance with the Maddy Act, a notice of all unscheduled vacancies shall be posted in the office of the city clerk and the city’s website, not earlier than twenty days before or not later than twenty days after the vacancy occurs. Final appointment to a board or commission shall not be made for at least ten working days after the posting of the notice in the city clerk's office. (Ord. 23-08 §1, 2023).
2.26.050 Attendance policy.
A. Appointees to boards and commissions are expected to attend each regular or special meeting of that city board or commission.
B. For purposes of this policy, an "excused absence" is any absence with notification given to the staff secretary to the board or commission at least twenty-four hours before the meeting's convening.
C. An "unexcused absence" is any other absence.
D. A member may have a maximum of three excused absences per twelve-month period. On the third excused absence, the staff secretary to the board or commission shall advise the city clerk who shall send a warning letter to the member, including a copy of this policy. If a member has more than three excused absences in a twelve-month period, the procedure in subsection F of this section shall commence.
E. A member may have a maximum of two unexcused absences in a twelve-month period. On the second unexcused absence, the staff secretary to the board or commission shall advise the city clerk who shall send a warning letter to the member. If a member has more than two unexcused absences in a twelve-month period, the procedure in subsection F of this section shall commence.
F. If a subsequent absence pursuant to subsection D or E of this section occurs in the twelve-month period, the staff secretary to the board or commission shall advise the city clerk who shall send a letter to the member notifying them that they have exceeded the number of absences allowed under this attendance policy and that their position shall be deemed to be vacant within ten days of said notice. The member whose position has been deemed vacant may file with the city clerk a request to be reinstated to the board or commission within ten days for city council consideration. (Ord. 23-08 §1, 2023).
2.26.060 Boards and commissions subject to the Brown Act.
City boards and commissions established under this title are subject to the Ralph M. Brown Act ("Brown Act"; Government Code Sections 54950 et seq.). Agendas shall contain sufficient information as required by the Brown Act and be posted as required. All meetings of city boards and commissions shall be conducted in accordance with the Brown Act. (Ord. 23-08 §1, 2023).
2.26.070 Compensation.
Members of city boards and commissions shall serve without compensation for their service unless otherwise provided by resolution of the city council. Members may receive reimbursement for necessary traveling and other expenses incurred on official duty or training when such expenditures have received authorization in the city budget. (Ord. 23-08 §1, 2023).