Chapter 2.40
BOARDS AND COMMISSIONS – GENERAL PROVISIONS

Sections:

2.40.010    Attendance.

2.40.020    Meeting schedules.

2.40.030    Removals.

2.40.040    Quorum.

2.40.050    Public meetings.

2.40.060    Compensation.

2.40.070    Term of office.

2.40.080    Commission officers.

2.40.090    City council may waive limitation on successive terms of office.

2.40.100    Appointments.

2.40.110    Alternates.

2.40.120    Effect of tie votes as a result of absences.

2.40.010 Attendance.

Attendance by members at the regular and special meetings of all boards, commissions, and advisory or assisting groups of the city (hereinafter sometimes collectively referred to as “commissions” or “commission” and their members referred to as “commissioners” or “commissioner”) appointed by the city council now in existence, or hereafter established, shall be subject to the following rule:

If a member of any board or commission of the city fails to attend the regular or special meetings of such a board or commission for three consecutive meetings or one-third of any calendar year’s meetings, the office becomes vacant automatically, without any declaration to that effect, and shall thereafter be filled as any other vacancy. Upon request by a commissioner, the council may waive the attendance rules due to special circumstances. (Ord. 07-2015 § 1, 2015; Ord. 84-8 § 2, 1984).

2.40.020 Meeting schedules.

Regular meetings of the planning commission shall be held monthly with special meetings being scheduled on call by the chair or in the absence of the chair, on call by the vice chair. Regular meetings of other boards and commissions shall be held once each calendar quarter, unless a more frequent meeting schedule is approved by the city council. Special meetings of any commission can be called by the chair or a majority of the commission members. (Ord. 84-8 § 2, 1984).

2.40.030 Removals.

All commissioners serve at the pleasure of the council and may be removed from any commission by a three-fifths vote of the full council. (Ord. 84-8 § 2, 1984).

2.40.040 Quorum.

A quorum shall consist of a majority of eligible commissioners serving at such time as any meeting is scheduled or called. (Ord. 84-8 § 2, 1984).

2.40.050 Public meetings.

All commission meetings shall be properly noticed, at least 72 hours in advance of any meeting, held in full view of the public on city property or such other place as approved by the city council, and comply with applicable city and state laws. (Ord. 99-15 § 1, 2000; Ord. 84-8 § 2, 1984).

2.40.060 Compensation.

All commissioners shall serve without compensation. (Ord. 84-8 § 2, 1984).

2.40.070 Term of office.

No commissioner shall serve for a total of more than eight years. A commissioner shall first be appointed for a two-year term; the council may reappoint a commissioner to a second term of four years and may also reappoint a commissioner to a third term of two years. All reappointments shall be made at the sole discretion of the city council utilizing the procedures contained in SMC 2.40.100. Members of the mobilehome park rental review board shall be exempt from the term limits and appointment schedule provided herein and shall instead serve at the sole discretion of the city council. (Ord. 99-15 § 2, 2000; Ord. 87-8 § 1, 1987).

2.40.080 Commission officers.

Each commission shall select a chairman and vice chairman from the eligible members of their respective commissions during a regularly scheduled meeting. (Ord. 84-8 § 2, 1984).

2.40.090 City council may waive limitation on successive terms of office.

Notwithstanding any limitation on the length of the term which an individual member of a board or commission may serve, or any limitation on the number of successive terms which may be served, the city council may, by a four-fifths vote of its membership, appoint or reappoint any incumbent member of a city board or commission to continue in office beyond the prior limitation or to fill the unexpired term of any office vacated by any other member of a board or commission. (Ord. 2003-03 § 1, 2003; Ord. 84-8 § 2, 1984. Formerly 2.40.100).

2.40.100 Appointments.

Except when filling a vacancy on a commission of a city elector position as described in SMC 2.40.110(D), appointments to city commissions shall be filled by nomination of the mayor and ratification by the city council. (Ord. 07-2015 § 2, 2015; Ord. 2003-03 § 1, 2003; Ord. 84-8 § 2, 1984. Formerly 2.40.110).

2.40.110 Alternates.

A. In addition to regular members, the city council shall appoint one alternate member to each city board or commission now in existence or hereafter established.

B. The alternate shall, like regular members, attend the regular meetings and special meetings of the board or commission to which he/she is appointed. The alternate shall review staff reports and documents and otherwise prepare for such meetings. At such meetings, the alternate shall be identified for the record. That alternate shall publicly announce any items on the agenda that he/she is disqualified from participating in because of a conflict of interest. If, as a result of absences, one or more regular members cannot participate at a regular or special meeting, the alternate shall move to any vacant seat and shall participate as a regular member until the completion of the agenda. If the alternate participates due to a conflict of interest of a regular member, the alternate shall participate as a regular member only until the affected item is completed. In the event an absent member arrives after the commencement of an agenda item, the alternate shall participate as a regular member until the completion of the current item, at which time the alternate shall move back to the alternate’s seat and shall stop participating as a regular member. In the event an item on which the alternate member has participated as a regular member is continued to a subsequent meeting, the alternate shall continue to participate as a regular member on the item at any and all such subsequent meetings.

C. The qualifications, appointment, term of office, attendance, removal and other requirements applicable to the alternate shall be the same as those for regular members of the board or commission, except that the alternate position may be filled only by a qualified elector of the city. The alternate shall also be subject to the requirements of and shall abide by the Ralph M. Brown Act, the Political Reform Act and other law applicable to the regular members of the board, commission or group.

D. Appointment to Fill Vacancies.

1. The alternate to a commission, if willing to accept the position, shall automatically fill a vacancy of a position on the commission when said vacancy is created by the resignation, removal or expiration of the term of office of a commissioner who is an elector of the city without further recruitment, application, nomination or council action. If an alternate who is otherwise qualified to fill such a vacancy declines to do so, then that vacant position shall be filled pursuant to the procedures established under SMC 2.40.100.

2. The alternate may apply for and be considered for appointment to fill a vacancy of a position of the commission designated as one which may be filled by a nonelector of the city; however, nonelector applicants shall be given preference for the appointment.

E. For the purpose of determining the term of office pursuant to SMC 2.40.070, the time served as an alternate member shall not be counted toward the term to be served as a regular member. An alternate who declines to fill a vacancy shall continue serving as an alternate to the commission on which s/he sits under the same terms and conditions upon which s/he began her/his service. (Ord. 07-2015 §§ 3, 4, 2015; Ord. 03-2007 § 1, 2007; Ord. 2003-03 § 1, 2003; Ord. 2000-14 § 1, 2000. Formerly 2.40.120).

2.40.120 Effect of tie votes as a result of absences.

When the action of any commission is a tie vote as a result of absences of one or more members of that commission, the matter shall be rescheduled for commission reconsideration at a meeting at which all, or an odd number of, commissioners will be in attendance. This section shall not apply when a tie vote is a result of recusal necessitated by conformance with the California Political Reform Act. (Ord. 09-2008 § 1, 2008).