Loading...
HomeMy WebLinkAboutCharter Implementation.Attach 4.Ordinance.Mayor Pro TemporeORDINANCE NO. _______ 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 Section 2.01.010 of the San Bernardino Municipal Code is hereby repealed and replaced in its entirety with the following: 2.01.010 Mayor Pro Tempore San Bernardino City Charter Section 3026 identifies the position of Mayor Pro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 Common City Council following the effective date of this ordinance, the Common City Council shall elect a Council Member to serve as Mayor Pro Tempore. On March 16, 2009, and annually thereafter aAt the second regularly scheduled meeting of the CommonCity Council in March December of each year, the Common 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 Common 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 Common 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 CommonCity 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 CommonCity 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. The Council Member holding the position of Mayor Pro Tempore shall continue to hold said position until his/her successor is elected by the Common City Council or until said Council Member is no longer a member of the Common 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 provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. 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. /// /// /// /// 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 _______________________ meeting thereof, held on the _____ day of ______________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________