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Home My WebLink About32- Council Office a CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION 0 Im'AL From: Wendy McCammack Subject: ORDINANCE OF THE CITY OF Council Member, Seventh Ward SAN BERNARDINO AMENDING TITLE 2, "ADMINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO MUNICIPAL CODE BY AMENDING CHAPTER 2.01 "MAYOR PRO-TEMPORE" TO CREATE A ROTATING ASSIGNMENT; TO CREATE THE "AD HOC COUNCIL COMMITTEE FOR COUNCIL COMMITTEE ASSIGNMENTS"; AND, TO SUBSTITUTE THE "AD HOC COUNCIL COMMITTEE FOR COUNCIL COMMITTEE ASSIGNMENTS" FOR THE SENIOR COUNCIL MEMBER Dept.: Council Office Date: April 1, 2010 M/CC Date: April 5, 2010 Synopsis of Previous Council Action: Recommended Motion: Adopt ordinance ature Contact Person: Wendy J. McCammack, 71h Ward Council Member Phone: 5068 Supporting Data Attached: None Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct.Description) �� Finance: Council Notes: Th'�4-ELF Agenda Item No. 32 M/CC DATE: 04/05/2010 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2, "ADMINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO MUNICIPAL CODE BY AMENDING CHAPTER 2.01 "MAYOR PRO-TEMPORE" TO CREATE A ROTATING ASSIGNMENT; TO CREATE THE "AD HOC COUNCIL COMMITTEE FOR COUNCIL COMMITTEE ASSIGNMENTS"; AND, TO SUBSTITUTE THE "AD HOC COUNCIL COMMITTEE FOR COUNCIL COMMITTEE ASSIGNMENTS" FOR THE SENIOR COUNCIL MEMBER Background: Financial Impact: Recommendation: Adopt ordinance. Attachments: Ordinance 1 2 ORDINANCE NO. 3 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2, 4 "ADMINISTRATION AND PERSONNEL," OF THE SAN BERIVARD17VO MUNICIPAL CODE BY AMENDING CHAPTER 2.01 "MAYOR PRO-TEMPORE" TO CREATE A 5 ROTATING ASSIGNMENT;TO CREATE THE"AD HOC COUNCIL COMMITTEE FOR COUNCIL COMMITTEE ASSIGNMENTS'; AND, TO SUBSTITUTE THE "AD HOC 6 COUNCIL COMMITTEE FOR COUNCIL COMMITTEE ASSIGNMENTS" FOR THE SENIOR COUNCIL MEMBER 7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN 8 AS FOLLOWS: 9 SECTION 1. San Bernardino Municipal Code Chapter 2.01, is hereby amended to 10 read as follows: 11 The current Section 2.01.010 is hereby repealed in its entirety upon the effective date of this 12 ordinance and replaced as follows: 13 Chapter 2.01 MAYOR PRO-TEMPORE 14 15 2.01.010 Mayor Pro-Tempore. 16 The position of Mayor Pro-Tempore shall be effective if by reason of absence from the City, 17 or sickness, or from any cause, the Mayor is unable to perform the duties of the office. The 18 appointment of the Mayor Pro-Tempore shall be automatically made for each month, in advance,by 19 rotation in the order of the Council Wards as set forth in this Chapter. The rotation shall commence 20 with the Mayor Pro-Tempore being the Council Member from the Sixth Ward during the month of 21 May 2010,the Council Member from the Seventh Ward during the month of June 2010,the Council 22 Member from the First Ward during the month of July 2010, the Council Member from the Second 23 Ward during the month of August 2010,the Council Member from the Third Ward during the month 24 of September 2010, The Council Member from the Fourth Ward during the month of October 2010, 25 the Council Member from the Fifth Ward during the month ofNovember 2010,and thereafter rotating 26 through the wards in the same order month by month. 27 Ifthe Mayor Pro-Tempore,as determined bythe above rotation,is likewise absent or otherwise 28 unavailable to serve in such capacity,the next Council Member by order of rotation shall serve as the Page 1 I Mayor Pro-Tempore in such capacity for that period of absence,but such Council Member shall not 2 lose his or her normal rotation. 3 In the absence of the Mayor from any Council meeting,the Mayor Pro-Tempore shall preside 4 over that meeting. 5 SECTION 2. In order to enact a procedure to carry out the intent of Section 37, 6 "Council Committees"of the Charter of the City of San Bernardino,San Bernardino Municipal Code 7 Section 2.76.040, is hereby enacted to read as follows: 8 9 2.76.040 Ad Hoc Council Committee for Council Committee Assignments. 10 Committee assignments shall be made by an Ad Hoc Council Committee for Council 11 Committee Assignments. The Committee shall be chaired by the most senior Council Member. The 12 Committee shall be comprised of the most senior Council Member,and the next most senior Council 13 Member,and the third member seated through an annual rotation beginning with the council member 14 in Ward One. The third member shall rotate by ward consecutively on the date of the first meeting 15 in May of each year. 16 17 The most senior council member shall be that Council Member with the most consecutive 18 days of service as a member of the Common Council of the City of San Bernardino. "Consecutive 19 days of service"shall be calculated by counting backward in time starting from the day on which the 20 calculation is being made. One alternate to serve in the event of an absence on said Committee shall 21 be selected by annual rotation beginning with the council member in Ward Three. 22 In the event that there are two or more potential senior council members with the exact same 23 number of consecutive days of service as a member of the Common Council of the City of San 24 Bernardino,the Senior Council Member shall be determined by lot,pursuant to the general procedure 25 established in Section 15651 of the current Elections Code of the State of California; specifically,by 26 flipping a coin in the case of two members with the exact same number of consecutive days of service 27 as a member of the Common Council of the City of San Bernardino, or the drawing of straws in the 28 case of three or more members with the exact same number of consecutive days of service as a Page 2 i I member of the Common Council of the City of San Bernardino. The City Clerk shall be responsible 2 for conducting the coin toss or drawing of straws whenever either event is required by this Section. 3 If the rotation of the third member of said committee falls upon a ward where the member is 4 already serving on said committee due to seniority status,the next council member in the rotation line 5 who is not already serving on said committee shall be the third member of said committee for that 6 year. 7 If,in the event that the rotation of the alternate member falls upon a ward where the member 8 is already serving on said committee due to seniority status,the next council member in the rotation 9 line who is not already serving on said committee shall be the alternate for that year. The alternate 10 member shall rotate annually by ward consecutively on the date of the first meeting in May of each 11 year. 12 SECTION 3. Section 2.76.050,is hereby enacted to read as follows: 13 2.76.050 Assignment of Committee Members and Designation of Committee Chairpersons. 14 It shall be the responsibility and duty of the Ad Hoc Committee for Council Assignments to 15 assign Council Members to all standing committees and ad hoc committees of the Common Council. 16 It shall also be the responsibility and duty of said Ad Hoc Committee to designate Chairpersons of all 17 18 standing committees and ad hoc committees of the Common Council except for the Chairperson of the Ad Hoc Council Committee for Council Committee Assignments. All such assignments to 19 membership on,and designation of Chairpersons of, standing committees and ad hoc committees of 20 the Common Council shall be subject to the approval of the Common Council. 21 22 Said committee shall present its assignments to the Mayor and Common Council for action 23 no later than the first meeting of the Common Council in May each year. Additional changes in 24 assignment shall be presented to the Council at the direction of the Committee. 25 26 27 28 Page 3 I ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2, "ADMINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO MUNICIPAL 2 CODE BY AMENDING CHAPTER 2.01 "MAYOR PRO-TEMPORE" TO CREATE A ROTATING ASSIGNMENT;TO CREATE THE"AD HOC COUNCIL COMMITTEE FOR 3 COUNCIL COMMITTEE ASSIGNMENTS"; AND, TO SUBSTITUTE THE "AD HOC COUNCIL COMMITTEE FOR COUNCIL COMMITTEE ASSIGNMENTS" FOR THE 4 SENIOR COUNCIL MEMBER 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof,held on the _day 7 of 2010,by the following vote, to wit: 8 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 City Clerk 19 20 The foregoing Ordinance is hereby approved this_day of , 2010. 21 22 PATRICK J. MORRIS,Mayor 23 City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN 26 City Attorney 27 28 Page 4