HomeMy WebLinkAboutMC-345
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ORDINANCE NO.
IIC-345
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.76
TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR THE
TRANSACTION OF BUSINESS BY COUNCIL COMMITTEES AND TO ESTABLISH
PROCEDURES TO MAKE INFORMATION AND CITY PERSONNEL AVAILABLE FOR
THE MEETINGS OF SUCH COMMITTEES.
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WHEREAS, the Common Council of the City of San Bernardino has
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created and used for many years committees composed of less than a
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quorum of its own membership to investigate, study and recommend
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to the Mayor and Common Council various matters of City business
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concerning legislative, financial, budgetary, personnel, cable
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television and mlny other matters; and
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WHEREAS, the Mayor acting under his power to generally
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supervise departments and officers has ordered that no department
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head, division head or other City employee shall respond to any
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direction of a Common Council committee without the approval of
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the entire Common Councilor the Mayor; and
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WHEREAS, the Common Council finds and determines that the
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use of Council committees is an extension of its own "proceedings"
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under Charter Section 34 for which it has power to adopt rules;
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that the passage of this ordinance is done pursuant to Charter
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Section 40(x) which permits the prescribing of additional duties
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for officers, Charter Section 40(f) which concerns the power to
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fix duties for officers and employees, Charter Section 40(aa)
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which concerns the power of the Common Council to perform any and
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all acts and things necessary or proper to complete execution of
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the powers vested by law or this Charter or inherent in the
municipality or that may be necessary or proper for the general
welfare of the City or its inhabitants, Charter Section 30 which
vests the legislative power of the City in the Common Council, and
:tlC-34'i '
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II. . . .
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Charter
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Section 40(b) which empowers the Common Council to make
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and enforce all local, police and other regulations pertaining
Ito municipal affairs, and pursuant to other provisions of the
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JCharter, state law and the Constitution of the State of California;
~that this ordinance is adopted as additional and supplementary
jenactments to implement San Bernardino Municipal Code Chapter 1.08
IWhiCh interprets and supplements the Charter relating to the
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itransaction of municipal business by the Mayor and members of the
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rlcommon Council; and further finds and determines that it is in the
~PUbliC interest that information, data and testimony from City
Ilofficers and employees be made available to Council committees in
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'an expeditious, efficient and thorough manner;
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Isan
Bernardino do ordain as follows:
NOW, THEREFORE, the Mayor and Common Council of the City of
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SECTION 1. Chapter 2.76 is added to the San Bernardino
16 Municipal Code to read:
17 "CHAPTER 2.76
]8 COUNCIL COMMITTEES
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2.76.010 Powers of Council committees.
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Any committee appointed by the Common Council from among its
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membership shall have power to investigate, study, take testimony,
IlresearCh and make appropriate recommendations to the Mayor and
Common Council concerning any matter referred to such committee by
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the Mayor and Common Council.
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2.76.020 Notice of meetings.
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28 agenda and attachments to the Mayor, City Administrator, City
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ttC-34~ -
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rttorney and such other City officials as it may deem
2.76.030 Information from City personnel.
advisable.
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3 Upon the referral of any matter by the Mayor and Common
4 Council to a Council committee, whether standing, permanent or
5 temporary, such Council committee shall have power to request upon
6 giving reasonable notice, any department head, division head,
7 officer or employee of the City to appear before it to provide
8 information, data or testimony and each department head, division
9 head, officer or employee shall comply with such request in a
10 reasonable and timely manner."
11 I HEREBY CERTIFY that the foregoing ordinance was duly
12 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on
reaular
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the 5th
day of
, 1984, by the following vote,
Narch
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AYES:
Council Members
Castaneda, Reilly, Hernandez,
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I"arks, Quiel, Frazier, Strickler
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NAYS:
None
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ABSENT:
None
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/ City Clerk
of
, 1984.
The foregoing ordinance is hereby
day
March
Approved as to form:
~Il~~~;
Ity A torney
*Approved only on the condition that reasonable notice would mean at least
2.4 hours except in unusual and exceptional cases.
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