HomeMy WebLinkAboutMC-14411
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ORDINANCE NO. 1441
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING AND REPLACING SECTION 2.01.010
OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING MAYOR PRO
TEMPORE TO CONFORM TO THE CITY'S CHARTER
WHEREAS, on November 8, 2016 the Citizens of the City of San Bernardino enacted
a new City Charter; and
WHEREAS, the City Council desires to amend the City of San Bernardino Municipal
Code to implement the new City Charter, which took effect on January 31, 2017.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.01.010 of the San Bernardino Municipal Code is hereby
repealed and replaced in its entirety with the following:
2.01.010 Mayor Pro Tempore
San Bernardino City Charter Section 3026 identifies the position of Mayor Pro
Tempore. At the first regularly scheduled meeting of the City Council following the
effective date of this ordinance, the City Council shall elect a Council Member to
serve as Mayor Pro Tempore. At the second regularly scheduled meeting of the City
Council in December of each year, the City 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 City 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 City 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 City 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 City Council of the City of San Bernardino. The City Clerk
shall be responsible for conducting the coin toss or conducting the drawing of straws
whenever either event is required by this Section.
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The Council Member holding the position of Mayor Pro Tempore shall
continue to hold said position until his/her successor is elected by the City Council or
until said Council Member is no longer a member of the City Council, whichever
occurs first.
Pursuant to Charter Section 3026, in the absence of the Mayor from any Council
meeting, the Mayor Pro Tempore shall preside over that Council meeting.
In addition, at all other times that the Mayor is temporarily unable to perform the
duties of his or her office, the Mayor Pro Tempore shall have all powers and authority
that the Mayor would have possessed if present to perform his or her duties.
However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie
or exercise veto powers over City Council action, but may continue to exercise his or
her vote as a Council member.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code
or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions
of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause,
phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall
be posted in the office of the City Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk a
certified copy of this Ordinance together with the names of the members of the City Council
voting for and against the same.
W
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING AND REPLACING SECTION 2.01.010
OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING MAYOR PRO
TEMPORE TO CONFORM TO THE CITY'S CHARTER
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a a joint regular meeting thereof, held on
the 3 d day of April, 2017, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ X
BARRIOS X
VALDIVIA (M)
SHORETT —(a)—
NICKEL
S)
NICKEL X
RICHARD X
MULVIHILL X
Georgea anna, COY, City Clerk
to
The foregoing Ordinance is hereby approved this ;Zj `day of 12017.
W. (�" '4 Lw�w
R. Carey Davis, Mayor
City of San ernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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