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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
6R161I A
From: Jorge Carlos, Subject: Election of Mayor Pro Tempore
Executive Staff Assistant to City Council
MCC Date: March 15, 2010
Dept. Council Office
Date: March 9, 2010
Synopsis of Previous Council Action:
March 16, 2009 Council elected Councilmember Rikke Van Johnson to serve as Mayor
Pro Tempore until March 15, 2010.
December 15, 2008 Council elected Councilmember Rikke Van Johnson to serve as Mayor
Pro Tempore until March 16, 2009.
November 3, 2008 Ordinance amending Title 2, Administration & 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.
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".
August 8, 2007: Resolution 2007-330 adopted providing for appointment of a Mayor
Pro Tempore on an annual basis.
Recommended Motion:
That the Mayor and Common Council elect a Councilmember to serve as Mayor Pro Tempore
(see staff report) until March 21, 2011.
Signature
Contact Person: Jorge Carlos Phone: 5188
Supporting Data Attached: : Copy of Ordinance No MC-1289 Ward: All
FUNDING REQUIREMENTS: Amount: -0-
Source: (Acct, No.)
(Acct. Description)
�1 Finance:
Council Notes: PRE✓/D2/51—y
Agenda Item No. /
-f-s- 10
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Election of Mayor Pro Tempore.
Background:
Per City of San Bernardino Municipal Code Chapter 2.01.010 "Mayor Pro Tempore",
and pursuant to Ordinance MC 1289, the Common Council is required to elect a
Councilmember to serve as Mayor Pro Tempore at the second regularly scheduled
meeting of the Mayor and Common Council in March of each year.
Financial Impact:
None
Recommendation:
That the Common Council elect a Councilmember to serve as Mayor Pro Tempore until
March 21, 2010.
Adopted: November 3, 2808
Effective: December 4. 2008
ORDINANCE NO. me-1289
AN ORDINANCE OF THE CITY OF SAN BERNNO AMENDING TITLE
2 ADMINISTRATION AND PERSONNEL,OF THE SAN ERNARDINO MUNICIPAL
CtODE BY AMENDING SECTION 2.01.010 MAYORR,PRO-TEMPORE,BY REPEALING
1 276.050 SENIOR
OF COMMITTEE MEEMBEERR.SBA AND DESIGNATION2OF
2 COMMITTEE CHAIRPERSONS.
3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDAIN AS FOLLOWS:
5 SECTION 1. Pursuant to Section 35, "Mayor to Preside - Temporary Absence of the
6 Mayor, Mayor Temporarily Unable to Perform Duties," of the Charter of the City of San
7 Bernardino, San Bernardino Municipal Code Chapter 2.01 "Mayor Pro-Tempore" is hereby
S amended by amending Section 2.01.010"Mayor Pro-Tempore,'to read as follows:
9 2.01.010 Mayor Pro-Tempore.
10 San Bernardino City Charter Section 36 identifies the position of Mayor Pro.
Tempore. At the first re arty scheduled meeting of the Common Council following the
11 effective date of this ordinance the Common Council shall elect a Council Member to
12 serve as Mayyoor Pro-Tempore, 6i March 16,2009,and annually thereafter at the second
regularly scheduled meetinaofthe Common Council in March of each year,the Common
3 Council shall elect a Council Member to serve as Mayor Pro-Tempore.
14 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
15 service as a member of the Common Council of the City of San Bernardino shall serve as
the Mayor Pro-Tern ore for that period of absence or unavailability only. "Consecutive
16 days of rvice"MI be calculafed by counting backward in time startuig from the day
on which the calculation is being made.
17 In the event that there are two or more Council Members with the exact same
19 number of consecutive days of service as a member of the Common Council of the City
of San Bernardino,the rary filling of the position of Mayor Pro-Tempore shall be
19 determined byy loWt,ppursuant to the ggeneral procedure established in Section 15651 of the
Elections Code ofthe State of California,speciScally by flipping a coin in the case of two
20 member:with the exact same number of consecutive days of semce as a member of the
Common Council of the City of San Bernardino,ar the drawing of straws in the case of
21 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 Catty Clerk shall be
2 2 responsible for conducting the in toss or drawing of shows whenever either event is
requirrd by this Section.
23 The Council Member holding the position of Mayor Pro-Tempore shall continue
24 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
25 first.
2 6 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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1
MG-1289
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2,
ADMINISTRATION AND PERSONNEL,pOF THE SAN BERNARRDINO MUNICIPAL
CODE CTION AMENDING. SEN OR COUNCIL MEMBER. AND BY�NDIINGG SEC IKON
2.76A50 ASSIGNMENT OF COMMITTEE MEMBERS AND DESIGNATION OF
COMOTl'EE CHAIRPERSONS.
SECTION2. San Bernardino MunicipalCodeSection2.76.040isherebyrepealedinits
2 entirety.
3 SECTION 3. San Bernardino Municipal Cade Section 2.76.050 is hereby amended to
4 read as follows:
5 2.76.050 Assignment of Committee Members and Designation of Committee
6 Chairpersons.
7 Itshallbe the responsibility and duty of the Mayor Pro-Temporetoassi Council
Members to all standing committees and ad hoc committees of the Common�uncii. It
8 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.
9 All such assignments to and membership on and designation ofchairoersons of,standing
committees and ad hoc committees of the Common Council shag be subject to the
10 approval and appointment of the Common Council.
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MC-1289
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2
ADMINISTRATION AND PERSONNEL, OF THE SAN BERNARDINO MUNICIPAL'
CODE BY AMENDING SECTION 2.01.01 p,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 1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a reaul ar meeting thereof, held on the
3 3rd day of November 2008,by the following vote,to wit:
4 COUNCIL MEMBERS; AYES NAYS ABSTAIN ABSENT
S ESTRADA x
6 BAXTER x
7 BRINKER I —
8 DERRY
9 KELLEY x
10 JOHNSON x__
11 MC CAMMACK x _
12
13 I 'Jy /y''
14 u.c�F /�. �C-.AJk,
15 Raehel ar 6 dy cierk
16
17 The foregoing Ordinance is hereby approved this day of November ,2008.
18
19
20
21 C fSan emardinc�
22 Approved as to form:
JAMES F. PENMAN
23 City Attorney
24
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From: mackexpres @aol.com Agend It aw
To: mackexpres @aol.com; Kelley_Ch @sbcity.org by .A.lLLfu r.LL�C�
Subject: Mayor Pro Tem City ClerWCDC Secretary
Date: Sun,Apr 4,2010 7:34 pm City of San Bernardino
In the spirit of cooperation, reducing politically motivated
actions , fairness and inclusion, I have proposed this
ordinance that embodies all of the qualities to which I just
referred.
This ordinance is meant to be fair and inclusive to all . It
is also meant to offer ALL councilmembers , including the
newest of our colleagues , a chance to learn how to be be
Mayor Pro Tem early on in their career as well as an
opportunity to weigh in on council committee assignments
early on in the process .
The effort to depoliticize this , in the aftermath of our
workshops , seemed timely and cooperative .
The annual Mayor ProTem' s position vs . the month to month
rotation, which is how we operated for at least 20 years
serving us well , removes the politics of it.
There is only one Mayor, elected by the majority of people .
We are only meant to be stand-ins as necessary. And if the
Mayor were unable to perform his duties , the sitting annual
Mayor Pro-Tem would stand in for the Mayor until such time as
the Mayor returns or until a new Mayor (not necessarily from
the council) is appointed according to the City Charter . The
annual Mayor Pro Tem could not be removed until March of the
following year . In some cases that may not be in the best
interest of the city, given all the worst-case scenarios that
could and have happened. Does San Jacinto , Temecula, Colton
and other controversial locales ring a bell? If the rotation
is month to month, and heaven forbid, the Mayor is unable to
perform his duties , we must elect from ourselves a Mayor Pro
Tem, and that selection would be much more timely to
unforseen events . To elect one person annually could also be
interpreted to mean that the rest of us are not qualified to
perform the job of Mayor Pro Tem, and I do not believe that
is the case with anyone sitting at this table, since several
of us at this table have served on the month to month
rotation without incident.
Also , in the meanwhile, Mr. Johnson, our current Mayor Pro
Tem is more than capable of assigning committee assignments
loft
�1aF°l ''IO lcm http://webmail.aol.com/31226-111/aol-1/en-us/mail/PrintMessage.aspx
today, if he were to choose to do so . He could simply fill
the vacancies , even if temporarily. However, there are
alternates currently serving in those capacities . And,
according to the Brown Act, ANY councilmember may participate
in any committee discussion, as long as there are only two
others in attendance . So basically, there are no excuses for
a lack of three in attendance .
In the spirit of cooperation and civility, I respectfully ask
that these items remain open for honest and civil debate
(together with the item right before it) , as was accomplished
at our workshops . I hope that any votes that may have been
garnered before this meeting can be set aside for open-minded
and honest debate, discussing both Mayor Pro Tem items
jointly . If a majority chooses not to debate this openly and
fairly and at the same time, then it will be apparent that
votes have been lined up in advance and that would speak
loudly to a reversion to the old ways prior to the workshops .
I would hope that is not the case .
Thank you for your consideration of this item.
--Wendy McCammack
Entered Into Rec, at MCC/CDC Mtg: y/s ro
by: �llc a,u�(lac�xrmw — Dm,
Mayor Pro tem ordin�ji��1NU ai
Colton City CIerkICDC Secrefary
City of San Bernardino
2.04.020 Selection of mayor pro tempore.
A. The city council shall select a member of the city council to serve as mayor pro
tempore by a majority vote of the city council at a regular open meeting. Candidates
shall be nominated solely by city council members and the city clerk shall record the
nominations. All nominations for mayor pro tempore having been made and recorded,
the city council shall vote electronically. Commencing January 1, 2003, the mayor
pro tempore shall serve for a term of one year or until the expiration of his or her
term of city council office, whichever occurs sooner. The mayor pro tempore shall not
serve two consecutive terms. The city council member serving as mayor pro tempore
immediately prior to January 1, 2003 shall not be eligible to serve again as mayor pro
tempore until January 1, 2004.
Redlands
2.02.020: SELECTION OF MAYOR AND MAYOR PRO TEMPORE; TERMS OF OFFICE:
A. The city council shall meet after each general municipal election and choose one of its
members as mayor, and one of its members as mayor pro tempore. The terms of office
of the mayor and mayor pro tempore shall be for two (2) years, except as provided in
subsection B of this section.
B. In the event the terms of the council members are shortened or extended, as a result
of any change in the election date for city council members, the terms of the mayor and
mayor pro tempore shall be correspondingly shortened or, in the case of an extension of
the council members' terms, the city council shall meet and select one of its members to
serve as mayor and one of its members to serve as mayor pro tempore for the period of
time the council members' terms are extended until the next municipal election.
C. The mayor and mayor pro tempore shall hold office from the date of their selection
and until their successors are chosen. (Ord. 2720 § 1, 2009