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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL A
L
Dept.
Council Office
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 COMMITTEE
MEMBERS AND DESIGNATION OF
COMMITTEE CHAIRPERSONS".
From:
Councilman Tobin Brinker
Third Ward
Date:
October 2, 2008
MCC Date:
October 6,2008
Synopsis of Previous Council 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" .
Recommended Motion:
That the ordinance be laid over for final adoption.
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Signature
Contact Person: Councilman Tobin Brinker
Phone:
5333
Supporting Data Attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriDtion)
Finance:
Council Notes: j~
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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
Recommended Motion:
That the ordinance be laid over for final adoption.
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2 \()RDINANCE OF THE CITY . OF SAN BERNARDINO AMENDING TITLE 2,
MINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO
CIPAL CODE BY AMENDING SECTION 2.01.010 "MAYOR PRO-
RE," BY REPEALING SECTION 2.76.040 "SENIOR COUNCIL
ER," AND BY AMENDING SECTION 2.76.050 "ASSIGNMENT OF
EE MEMBERS AND DESIGNATION OF COMMITTEE
ONS."
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ORDINANCE NO.
THE MAYO AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
Pursuant to Section 35, "Mayor to Preside - Temporary
Absence of the Ma or; Mayor Temporarily Unable to Perform Duties," of the
Charter of the City of an Bernardino, San Bernardino Municipal Code Chapter
2.01 "Mayor Pro-Tempo "is hereby amended by amending Section 2.01.010
"Mayor Pro-Tempore," to re d as follows:
"2.01.010 Mayor Pro-Temp reo
The position of Mayor ~Tempore shall be effective in the event of
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vacancy, or if by reason of absenc from the City, or sickness, or from any
the duties of the office. At the next
cause, the Mayor is unable to perfo
regularly scheduled meeting of the Mayo and Common Council following the
effective date of this ordinance, the Mayor d Common Council shaH elect a
Council Member to serve as Mayor Pro-Tempore. Beginning on March 16,2009,
and annually thereafter at the second regularly sch uled meeting of the Mayor
and Common Council in March of each year, the Ma r and Common Council
shall elect a Council Member to serve as Mayor Pro-Temp e.
If the Mayor Pro-Tempore is absent or otherwise una ailable 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 f the City of
San Bernardino shall serve as the Mayor Pro-Tempore for that period of absence
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or unavailability only. "Consecutive days of service" shall be calculated by
ounting backward in time starting from the day on which the calculation is
In the event that there are two or more Council Members with the exact
same umber of consecutive days of service as a member of the Common
Council the City of San Bemardino, the temporary filling of the position of
Mayor Pro- empore shall be determined by lot, pursuant to the general
procedure es blished in Section 15651 of the Elections Code of the State of
Califomia, speci ally by flipping a coin the case of two members with the exact
same number of c nsecutive days of service as a member of the Common
Council of the City of an Bemardino, or the drawing of straws in the case of
three or more members with the exact same number of consecutive days of
service as a member of the ommon Council of the City of San Bemardino. The
City Clerk shall be responsible or conducting the coin toss or drawing of straws
whenever either event is required
In the absence of the Mayor fro any meeting of the Mayor and Common
Council, the Mayor Pro-Tempore shall pr ide over that meeting."
SECTION 2. Pursuant to Section "Council Committees," of the
Charter of the City of San Bemardino, San Be rdino Municipal Code Chapter
2.76 "Council Committees" is hereby amended by r
its entirety.
SECTION 3. Pursuant to Section 37, "Council Committees," of the
Charter of the City of San Bemardino, San Bernardino Muni . al Code Chapter
2.76 "Council Committees" is hereby amended by amending Se .on 2.76.050
"Assignment of Committee Members and Designation of
Chairpersons," to read as follows:
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, .76.050 Assignment of Committee 'Members and Designation of
ittee Chairpersons.
hall be the responsibility and duty of the Mayor Pro-Tempore to assign
to all standing committees and ad hoc committees of the
It shall also be the responsibility and duty of the Mayor Pro
ate chairpersons of all standing committees and ad hoc
committees of the All such assignments to and membership
chairpersons of, standing committees and ad hoc
shall be subject to the approval and
appointment of the Commo Council,"
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INANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2,
MINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO MUNICIPAL
CO E BY AMENDING SECTION 2.01.010 "MAYOR PRO-TEMPORE," BY
REP ING SECTION 2.76.040 "SENIOR COUNCIL MEMBER," AND BY
AME ING SECTION 2.76.050 "ASSIGNMENT OF COMMITTEE MEMBERS AND
DESIG TION OF COMMITTEE CHAIRPERSONS."
BY CERTIFY that the foregoing Ordinance was duly adopted by the
Mayor and C mon Council of the City of San Bernardino at a
meeting
, 2008, by the following vote, to wit:
Council Members:
AYES
NAYS
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
ABSTAIN
ABSENT
ache! Clark, City Clerk
The foregoing ordinance is hereby approve this
2008
day of
Patrick J. Mo .s, Mayor
City of San Be ardino
Approved as to form:
JAMES F. PENMAN
City Attorney
By:
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE
2, ADl\lINISTRATION 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 I. Pursuant to Section 35, "Mayor to Preside - Temporary 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.
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San Bernardino City Charter Section 36 identifies the position of Mayor Pro-
Tempore. At the first regularly scheduled meeting of the Common Council following the
effective date of this ordinance, the Common Council shall elect a Council Member to
serve as Mayor Pro-Tempore. On March 16,2009, and annually thereafter at the second
regularly scheduled meetmg of the 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 ofthe Common Council ofthe City of San Bernardino shall serve as
the Mayor Pro- Tempore for that period of absence or unavailability only. "Consecutive
days of service" shall 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
members with the exact same number of consecutive days of service as a member ofthe
Common Council of the City of San Bernardino, or the drawing of straws in the case of
three or more 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 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 hislher successor is elected by the Common Councilor until
said Council Member is no longer a member ofthe 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
2.76.050, 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 dutyofthe Mayor Pro-Tempore to assign Council
Members to all standing committees and ad hoc committees ofthe Common Council. It
shall also be the responsibility and duty of the Mayor Pro Tempore to designate
chairpersons of all standing committees and ad hoc committees of the Common Council.
All such assignments to and membership on, and designation of chairpersons of, standing
committees and ad hoc committees of the Common Council shaIl be subject to the
approval and appointment of the Common Council.
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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
2.76.050, ASSIGNMENT OF COMMITTEE MEMBERS AND DESIGNATION OF
COMMITTEE CHAIRPERSONS.
1 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a meeting thereof, held on the
3 _dayof
4 COUNCIL MEMBERS:
5 ESTRADA
6 BAXTER
7 BRINKER
8 DERRY
9 KELLEY
10 JOHNSON
11 MC CAMMACK
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, 2008, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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Rachel Clark, CIty Clerk
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The foregoing Ordinance is hereby approved this _ day of
,2008.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
JAMES F. PENMAN
City Attorney
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