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From: Esther Estrada Subject: ORDINANCE OF THE CITY OF BERNARDINO
Councilmember AMENDING TITLE 2, "ADMINISTRATION AND
PERSONNEL," OF THE SAN BERNARDINO
Dept: Council Office 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."
Date: March 14, 2008 M/CC Meeting Date: March 17, 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.
Recommended Motion:
That the ordinance be laid over for final adoption.
Signature
Contact person: Esther Estrada Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: 0
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
i
STAFF REPORT
Council Meeting Date: March 14, 2008
TO: Mayor and Common Council
FROM: Councilmember Esther Estrada
DATE: March 17, 2008
AGENDA: ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE
2, "ADMINISTRATION AND PERSONNEL,"OF THE SANBERNARDINO
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."
The ordinance is self-explanatory.
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2,
"ADMINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO MUNICIPAL
3 CODE BY ADDING CHAPTER 2.01 "MAYOR PRO-TEMPORE" AND AMENDING
CHAPTER 2.76 "COUNCIL COMMITTEES" TO ADD SECTION 2.76.040 "SENIOR
4 COUNCIL MEMBER" AND SECTION 2.76.050 "ASSIGNMENT OF COMMITTEE
MEMBERS AND DESIGNATION OF COMMITTEE CHAIRPERSONS."
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN
6 AS FOLLOWS:
7 SECTION 1. Pursuant to Section 36,"Mayor to Preside-Temporary Absence of Mayor;
Mayor Temporarily Unable to Perform Duties," of the Charter of the City of San Bernardino, San
8 Bernardino Municipal Code Title 2 "Administration and Personnel"is hereby amended by adding
Chapter 2.01 to read as follows:
9
"Chapter 2.01
10 MAYOR PRO-TEMPORE
11 2.01.010 Mayor Pro-Tempore.
12 The position of Mayor Pro-Tempore shall be effective in the event of vacancy, or if by
reason of absence from the City, or sickness,or from any cause,the Mayor is unable to perform the
13 duties of the office. In such cases the rotating appointment of the Mayor Pro-Tempore shall be
automatically made for each month in advance by the adoption of this ordinance in the order of the
14 Wards represented by the Council Members and shall commence with the Mayor Pro-Tempore being
the Council Member from the Fourth Ward during the month of May 2008, the Council Member
15 from the Fifth Ward during the month of June 2008, the Council Member from the Sixth Ward
during the month of July 2008, the Council Member from the Seventh Ward during the month of
16 August 2008, the Council Member from the First Ward during the month of September 2008, the
Council Member from the Second Ward during the month of October 2008, the Council Member
17 from the Third Ward during the month of November 2008,and thereafter rotating through the wards
in the same order month by month.
18 If the Mayor Pro-Tempore, as determined by the above rotation, is likewise absent or
19 otherwise unavailable to serve in such capacity,the next Council Member by order of rotation shall
serve as the Mayor Pro-Tempore in such capacity for that period of absence, but such Council
Member shall not lose his or her normal rotation."
20
In the absence of the Mayor from any Council meeting, the Mayor Pro-Tempore shall
21 preside over that meeting.
22 SECTION 2. In order to enact a procedure to carry out the intent of Section 37,"Council
Committees," of the Charter of the City of San Bernardino, San Bernardino Municipal Code
23 Chapter 2.76 is hereby amended by adding Section 2.76.040"Senior Council Member"and Section
2.76.050"Assignment of Committee Members and Designation of Committee Chairpersons"to read
24 as follows:
25 "2.76.040 Senior Council Member.
26 There is created the position of Senior Council Member who shall be that Council
Member with the most consecutive days of service as a member of the Common Council of the City
27 of San Bernardino. "Consecutive days of service"shall be calculated by counting backward in time
starting from the day on which the calculation is being made.
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1 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
2 position of Senior Council Member 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
3 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,or the drawing of straws in the case
4 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
5 conducting the coin toss or drawing of straws whenever either event is required by this Section.
6 2.76.050 Assignment of Committee Members and Designation of Committee Chairpersons.
7 It shall be the responsibility and duty of the Senior Council Member to assign Council
Members to all standing committees and ad hoc committees of the Common Council. It shall also
8 be the responsibility and duty of the Senior Council Member to designate Chairpersons of all
standing committees and ad hoc committees of the Common Council. All such assignments to
9 membership on, and designation of Chairpersons of, standing committees and ad hoc committees
of the Common Council shall be subject to the approval and appointment of the Common Council."
10
SECTION 3. Resolution No.2007-330 is hereby rescinded upon the effective date of this
11 ordinance.
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2,
"ADMINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO MUNICIPAL
2 CODE BY ADDING CHAPTER 2.01 "MAYOR PRO-TEMPORE" AND AMENDING
CHAPTER 2.76 "COUNCIL COMMITTEES" TO ADD SECTION 2.76.040 "SENIOR
3 COUNCIL MEMBER" AND SECTION 2.76.050 "ASSIGNMENT OF COMMITTEE
MEMBERS AND DESIGNATION OF COMMITTEE CHAIRPERSONS."
4
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a meeting thereof, held on the
6
day of , 2008, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
BAXTER
11
BRINKER
12
DERRY
13
KELLEY
14 JOHNSON
15 MC CAMMACK
16
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18 Rachel Clark, City Clerk
19 The foregoing ordinance is hereby approved this day of 12008.
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21
Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to form:
JAMES F. PENMAN,
City Attorney
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