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CITY OF SAN BERNARDINO . REQUEST FOR COUNCIL ACTION
MCC Date:
October 6,2008
Subject: ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING TITLE 2,
"ADMINISTRATION AND PERSONNEL,"
OF THE SAN BERNARDINO MUNICIPAL
CODE BY AMENDING SECTION 2.01.010
" MAYOR PRO-TEMPORE," BY REPEALING
SECTION 2.76.040 "SENIOR COUNCIL
MEMBER," AND BY AMENDING SECTION
2.76.050 "ASSIGNMENT OF COMMITIEE
MEMBERS AND DESIGNATION OF
COMMITIEE CHAIRPERSONS".
Orom:
Councilman Tobin Brinker
Third Ward
Dept.
Council Office
Date:
October 2,2008
Synopsis of Previous Coundl Action:
August 8, 2007: Resolution #2007-330 adopted providing for appointment of a Mayor
Pro-Tempore on an annual basis.
April 7, 2008:
Ordinance No. MC-1267 adopted amending Title 2 "Administration and
Personnel," of the San Bernardino Municipal Code by adding Chapter 2.01
"Mayor Pro-Tempore" and amending Chapter 2.76 "Council Committees" to
add Section 2.76.040 "Senior Council Member" and Section 2.76.050
"Assignment of Committee Members and Designation Of Committee
Chairpersons" .
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Recommendecl Motion:
That the ordinance be laid over for fmal adoption.
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Signature
Contact Person: Councilman Tobin Brinker
Phone:
5333
Supporting Data Attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
( 41'ri. "'-~~";Dtion 1
Finance:
OUncll Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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STAFF REPORT
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2,
"ADMINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO
MUNICIPAL CODE BY AMENDING SECTION 2.01.010 "MAYOR PRO-
TEMPORE," BY REPEALING SECTION 2.76.040 "SENIOR COUNCIL
MEMBER," AND BY AMENDING SECTION 2.76.050 "ASSIGNMENT OF
COMMITTEE MEMBERS AND DESIGNATION OF COMMITTEE
CHAIRPERSONS. "
Backl!round:
The ordinance is self-explanatory
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Recommended Motion:
That the ordinance be laid over for final adoption.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE
2, ADMINISTRATION AND PERSONNEL, OF THE SAN BERNARDINO MUNICIPAL
CODE BY AMENDING SECTION 2.01.010, MAYOR PRO-TEMPORE, BY REPEALING
SECTION 2.76.040, SENIOR COUNCIL MEMBER, AND BY AMENDING SECTION
2.76.050, ASSIGNMENT OF COMMITTEE MEMBERS AND DESIGNATION OF
COMMITTEE CHAIRPERSONS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Section 35, "Mayor to Preside - Te!llporary Absence ofthe
Mayor; Mayor Temporarily Unable to Perform Duties," of the Charter of the City of San
Bernardino, San Bernardino Municipal Code Chapter 2.01 "Mayor Pro-Tempore" is hereby
amended by amending Section 2.01.010 "Mayor Pro-Tempore," to read as follows:
2.01.010 Mayor Pro-Tempore.
San Bernardino City Charter Section 36 identifies the position of Mayor Pro-
Ternpore. At the first regularly scheduled meeting of the Common Council following the
effective date of this ordinanc~ the Common Council shall elect a Council Member to
serve as Mayor Pro-Tempore. un March 16, 2009, and annually thereafter at the second
regularly scheduled meetmg ofthe Common Council in March of each year, the Common
Council shall elect a Council Member to serve as Mayor Pro-Tempore.
If the Mayor Pro-Tempore is absent or otherwise unavailable to serve in such
capacity, the Council Member present in the City with the most consecutive days of
service as a member of the Common Council of the City of San Bernardino shall serve as
the Mayor Pro- Ternpore for that period of absence or unavailability only. "Consecutive
days of service" shaIl be calculated by counting backward in time startmg from the day
on which the calculation is being made.
In the event that there are two or more Council Members with the exact same
number of consecutive days of service as a member of the Common Council of the City
of San Bernardino, the temporary filling of the position of Mayor Pro-Tempore shall be
determined by lot pursuant to the general procedure established in Section 15651 of the
Elections Code of the State of California. specifically by flipping a coin in the case of two
mernbers with the exact same number of consecutive days of service as a member of the
Common Council of the City of San Bernardino, or the arawing of straws in the case of
three or more members witli the exact same number of consecutive days of service as a
member ofthe Common Council of the City of San Bernardino. The City Clerk shall be
responsible for conducting the coin toss or drawing of straws whenever either event is
required by this Section.
The Council Member holding the position of Mayor Pro-Tempore shall continue
to hold said position until his/her successor is elected by the Common Council or until
said Council'Member is no longer a member of the Common Council, whichever occurs
first.
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Pursuant to Charter Section 36, in the absence of the Mayor from any Council
meeting, the Mayor Pro-Tempore shall preside over that Council meeting.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2,
ADMINISTRATION AND PERSONNEL, OF THE SAN BERNARDINO MUNICIPAL
CODE BY AMENDING SECTION 2.01.010, MAYOR PRO-TEMPORE, BY REPEALING
SECTION 2.76.040, SENIOR COUNCIL MEMBER, AND BY AMENDING SECTION
2.76.0?~ ASSIGNMENT OF COMMITTEE MEMBERS AND DESIGNATION OF
COMMITTEE CHAIRPERSONS.
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SECTION 2. San Bernardino Municipal Code Section 2.76.040 is hereby repealed in its
entirety.
SECTION 3. San Bernardino Municipal Code Section 2.76.050 is hereby amended to
read as follows:
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2.76.050 Assignment of Committee Members and Designation of Committee
Chairpersons.
It shall be the responsibility and duty of the Mayor Pro-Tempore to assign Council
Members to all standing committees and ail hoc committees of the Common Council. It
shall also be the responsibility and duty of the Mayor Pro Tempore to designate
chairpersons of all standing committees ana ad hoc committees of the Common Council.
All such assignments to ana membership on, and designation of chairpersons of, standing
committees and ad hoc committees of the Common Council shall be subject to the
approval and appointment ofthe Common Council.
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6 BAXTER
7 BRINKER
8 DERRY
9 KELLEY
10 JOHNSON
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2,
ADMINISTRATION AND PERSONNEL, OF THE SAN BERNARDINO MUNICIPAL
CODE BY AMENDING SECTION 2.01.010, MAYOR PRO-TEMPORE, BY REPEALING
SECTION 2.76.040, SENIOR COUNCIL MEMBER, AND BY AMENDING SECTION
2.76.050j ASSIGNMENT OF COMMITTEE MEMBERS AND DESIGNATION OF
COMM TTEE CHAIRPERSONS. '
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a meeting thereof, held on the
. 2008, by the following vote, to wit:
_ day of
COUNCIL MEMBERS:
AYES.
NAYS
ABSTAIN
ABSENT
Rachel Clark, CIty Clerk
The foregoing Ordinance is hereby approved this _ day of
,2008.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
City Attorney
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