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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACOO I GiN A L
Dept.
Jorge Carlos, Executive Assistant
to the Council
Council Office
Subject:
Municipal Code Section 2.01.010
Mayor Pro-Tempore - Election
of Mayor Pro-Tempore
From:
Date:
December 4, 2008
MCC Date:
December 15, 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 Bemardino 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" .
November 3, 2008 Ordinance amending Title 2, Administration & Personnel of the San
Bemardino Municipal Code by amending Section 2.01.010, Mayor Pro-
Tempore, by repealing Section 2.76.050, assignment of Committee Members
and designation of Committee Chairpersons.
Recommended Motion:
That the Mayor and Common Council elect a Councilmember to serve as Mayor Pro-
Tempore (see staff report)
Contact Person: Jorge Carlos
Phone:
5208
Supporting Data Attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descri Dtion)
Finance:
Council Notes:
Agenda Item No. --'- 't.
a. ~.Ir_1-tII
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
MUNICIPAL CODE SECTION 2.01.010 MAYOR PRO-TEMPORE
ELECTION OF MAYOR PRO-TEMPORE
On November 3, 2008, the Common Council adopted Municipal Code Ordinance 1289
titled 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 2.76.050, ASSIGNMENT OF COMMITTEE MEMBERS AND
DESIGNATION OF COMMITTEE CHAIRPERSONS.
One of the requirements of MC-1289 is that Mayor and Common Council shall elect a
Councilmember to serve as Mayor Pro-Tempore at the next regularly scheduled meeting of
the Mayor and Common Council, which will be on Monday, December 15, 2008.
Recommended Motion:
That the Common Council elect a Mayor Pro-Tempore to serve until March 16,2009.
2.64 Appeals to Common Council
2.65 Sale of Real Property
2.66 Contract of Indemnity
2.68 Vacancies in Office
2.70 Sale of Unclaimed Property
2.72 Demands Against City; Payments
2.74 Financial Interests of Appointed City Committee Members
2.75 Use of City's CATV Facilities
2.76 Council Committees
2.77 Facilities Management Department
2.78 Code Compliance Dl!partment
2.79 Information Technology Department
2.80 Animal Control Department
2.81 Police Department
Chapter 2.01
MAYOR PRO-TEMPORE
Section:
2.01.010
Mayor Pro-Tempore
2.01.010
Mayor Pro-Tempore
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 meeting of the Common Council in
March of each year, the Common Council shall elect a Council Member to serve as
Mayor Pro-Tempore.
Ifthe 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-Tempore for that period of absence or unavailability only.
"Consecutive days of service" shall be calculated by counting backward in time
starting 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 of the Common Council of the City of San
Bernardino, orthe 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
[Rev. December 1, 2008]
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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
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.
(Ord. MC-1289, 11-03-08; Ord. MC-1267, 4-07-08)
Sections:
2.02.010
2.02.020
2.02.030
2.02.040
2.02.050
2.02.060
2.02.070
2.02.080
2.02.090
2.02.100
Chapter 2.02
CITY MANAGER
Position created.
Selection - Experience requirements.
Appointment - Discharge - Notice of resignation.
Salary and benefits.
Assistants.
Duties of the City Manager.
Request from others to provide information or
assistance.
Intent of chapter.
Authority to file and prosecute small claims.
(Repealed by MC-522)
2.02.010 Position created.
There is created a Chief Administrative Officer of the City, which position
shall be designated as City Manager. Any and all references to the administrative
officer or City Administrator in any ordinances, resolutions and documents of the
City shall refer to and mean the City Manager. (Ord. MC-839, 1992; Ord. 2836, 1967;
Ord. 239731,1961)
2.02.020 Selection - Experience requirements.
The City Manager shall have the qualifications and shall be chosen in
accordance with Article V, Section 100 of the City Charter. He or she shall devote
his or her entire time to the duties of his or her office and shall not engage in any
other business or occupation. (Ord. MC-839, 1992; Ord. 239732, 1961)
2.02.030 Appointment - Discharge - Notice of resignation.
The City Manager shall be appointed by the Mayor, subject to confirmation
by the Common Council. He or she may be summarily dismissed for the good ofthe
service by the Mayor with the consent of two-thirds of the Common Council, in
accordance with Article XIII, Section 256 of the City Charter. The Mayor shall have
[Rev. December 1,2008]
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