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WHEREAS, on November 8, 2016 the citizens of the City of San Bernardino enactet
a new City Charter- and
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WHEREAS, the City Council desires to amend the City of San Bernardino Municipao
Code to implement the new City Charter, which took effect on January, 31, 2017.
NOW9 THEREFORE9 THE MAYOR AND CITY COUNCIL OF THE CITY OF
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SAN BERNARDINO DO ORDAIN AS FOLLOWS.
SECTION 1. Chapter 2.58 of the San Bernardino Municipal Code is hereby repealed
and replaced in its entirety with the following:
2.58.010 Mayor and City Council
A. Regular meetings of the Mayor and City Council of the City of San Bernardino
shall be held on the first and third Wednesdays of each month commencing at four
p.m. (4 p.m.) for Closed Session and at five p.m. (5 p.m.) for Open Session at the
City Council Chambers, City Hall, 300 North "D" Street, San Bernardino,
California, or such other location within the City as may be properly noticed.
B. Such meetings shall be adjourned, held and continued in accordance with the
provisions of Government Code Sections 54954, 54955, 54955.1, 549565 54956.5
and other applicable sections and any amendments thereto. Regular meetings shall
be held at the City Hall of the City, or such other location within the City as may b1f
properly noticed. Adjourned meetings, special meetings and adjourned special
meetings may be held at any convenient location approved by the Mayor and City
Council either within or without the corporate limits of the City, as may be
permitted by state law.
2.58.020 Meetings of boards, commissions and committees
The dates, times and places of regular meetings of all boards, commissions and
committees of the City shall be set forth in one or more ordinances or resolutions of
the Mayor and City Council.
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As provided in Section 302 of the Charter, the City Council and Mayor are required to
implement a Code of Conduct to guide their interactions and create accountability.
In accordance with Section 302, the members of the City Council shall conform their
conduct to the following rules:
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A. The role of the City Council is legislative in character, which includes the power to
set policy, approve contracts and agreements not within the authority of the City
Manager or his subordinates, and undertake other obligations consistent with the
Charter and Code, while deferring to the discretion of management and staff to choose
the appropriate means to achieve the Council's goals
B. The City Council, as the elected body serving all of the residents of the City, sha
perform its duties and exercise its -powers in a manner that serves the best interests oll
the entire City, rather than any particular geographic area or special interest.
2.58.040 Mayor's Conduct - Generally
A. The Mayor will build consensus with the City Council to create and implement a
shared vision and plan of implementation to restore the City's fiscal integrity.
B. The Mayor will establish and maintain partnerships and regional leadership roles to
advance the City's interest.
W. The Mayor will be the presiding officer at meetings of the City Council and will
fully participate in discussions.
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E. r i ne Mayor will work with the City Council and City Manager to coordinate goal
setting and the performance evaluation of the City Manager.
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The residents and businesses of the City of San Bernardino are entitled to have fair,
ethical and accountable local government which has earned the public's full
confidence for integrity. The City will operate in an open, honest and transparent
manner. To this end, the Mayor and City Council of the City of San Bernardino will
adhere to the following Code of Conduct to assure public confidence in the integrity of
local government, its effective operations, and fair treatment of people.
A. The professional and personal conduct of the Mayor and City Council must be
above reproach and avoid the appearance of impropriety. The Mayor and members
of the City Council shall refrain from abusive conduct, personal or verbal attacks
upon the character or motives of each other, the staff or the public.
B. The Mayor and members of the City Council shall perform their duties in
accordance with the procedural rules for meetings, established by them, in
governing the deliberation of public policy issues, involvement of the public and
the implementation of policy decisions of the Mayor and City Council by City
staff.
C. The Mayor and City Council shall prepare themselves for public issues; listen
courteously and attentively to all public discussions before the body; and focus on
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the business at hand. They shall refrain from interrupting other speakers; making
personal comments not germane to the business of the body; or otherwise
interfering with the orderly conduct of meetings.
D. The Mayor and City Council shall base their decisions on the merits and substance
of the matter at hand, rather than on unrelated considerations.
E. The Mayor and City Council shall publicly share substantive information that is
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N. With respect to communications with the City Manager and staff:
1. Unless it is a simple inquiry, the Mayor or members of the City Council
Will contact the City Manager before going to Department Heads.
2. When contacting Department Directors through e-mail, the Mayor and
Council Members will copy the City Manager as a courtesy.
3. The City Manager will ensure that the Mayor and City Council are
proactively informed on major policy issues or issues that may attract
media or public attention; likewise, the Mayor and City Council
members will give the City Manager notice if he or she learns of issues
of concern.
4. The Mayor, City Council, City Manager and staff will not blindside
each other in public.
5. Council members are encouraged to submit questions on agenda items
to the City Manager as far in advance of the meeting as possible so that
staff can be prepared to respond at the meeting.
6. The Mayor and City Council will refer citizen complaints to staff and
give them adequate time to respond. Staff will report back to the
Council through theCity Manager on the resolutions of these
complaints.
7. The Mayor and Councilmembers will be provided with information
from staff and other members on an equal basis so that they are equally
prepared to make good decisions.
2.58.060 Prohibiting disruptive conduct at meetings
The Mayor or any member of the City Council shall not engage in disorderly
or disruptive conduct - in the presence of the City Council at public meetings, which
conduct actually disrupts, disturbs or impedes the City Council meeting. The City
Council shall have power to punish the Mayor or any of its members for disorderly or
disruptive conduct -in its presence after first providing notice of the prohibited behavior
and an opportunity to be heard. The fine shall not exceed the sum of fifty dollars.
2.58.070 Willful Disruptions of Meetings of the Mayor and City Council
Understanding that the purpose of the meetings of the Mayor and City Council is to
conduct the people's business for the benefit of all the people, in the event that any
meeting of the Mayor and City Council is willfully disrupted by a person or by a group
of persons so as to actually impair the orderly conduct of the meeting, the Mayor may
proceed pursuant to Government Code §54957.9 or any applicable penal statute or
ordinance. For the purposes of these rules "willfully disrupt" includes, but is not
limited to,, continuing to do any of the following after being warned by the Mayor that
continuing to do so will be a violation of law:
a. Addressing the Mayor and City Council without first being recognized.
b. Persisting in addressing a subject or subjects, other than that before the Mayor anj
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2.58.080 Holidays
In the event the date of a meeting falls on a City holiday, the next business day
following such holiday shall be the meeting date,, at the same time and place, except as
tetermined by the City Council.
Minim
The clerk or secretary of each board, commission and committee shall review and
be familiar with the provisions of the Ralph M. Brown Act, Government Code
Section 54950, et seq.
2.58.100 Continuances; fee
Any person, firm, corporation or other entity having an appeal, or other item on the
agenda of the Mayor and City Council may request a continuance of such item by
ba request - t ere f
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request must be accompanied by a processing fee established by resolution of the
Mayor and City Council. The granting of a continuance shall be subject to the
complete discretion of the Mayor and City Council taking all of the facts and
circumstances of the matter into consideration. If the request for continuance is
received by telephonic communication or other means where the requester is not
present, the continuance may be granted subject to the receipt of the processing fee
prior to the new agenda date. Should the request for a continuance be denied any
processing fee paid shall be returned upon application made by the payor within ninety
(90) days. Any subsequent request for a continuance shall require an additional fee.
The fee provided for by this ordinance and set by any resolution adopted pursuant
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-thereto shall not apply to any continuance requested by the City, any department or
officer thereof or by any agency or other entity which is funded primarily by the City.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municip
Code or appendices thereto inconsistent with the provisions of this ordinance,, to the extent o
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 jurisdon, 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.
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