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HomeMy WebLinkAbout52-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUN ON 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: 3 - 0 3 Agenda Item No. 52— J 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 20 Member shall not lose his or her normal rotation." 21 In the absence of the Mayor from any Council meeting, the Mayor Pro-Tempore shall preside over that meeting. 22 SECTION 2. In order to enact a procedure to c „ p arty out the intent of Section 37,"Council Committees, of the Charter of the City of San Bernardino, San Bernardino Municipal Code 2 3 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 28 starting from the day on which the calculation is being made. 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 11 ordinance.SECTION 3. Resolution No.2007-330 is hereby rescinded upon the effective date of this 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2.76.00 "ASSIGNMENT OF COMMITTEE 4 MEMBERS AND DESIGNATION OF COMMITTEE CHAIRPERSONS." 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 7 day of , 2008, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON '15 MC CAMMACK 16 17 18 Rachel Clark, City Clerk 19 The foregoing ordinance is hereby approved this day of 2008. 20 21 22 Patrick J. Morris, Mayor 23 Approved as to form: City of San Bernardino JAMES F. PENMAN, 2 4 City Attorney 25 26 By. 27 28