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HomeMy WebLinkAbout12-16-13 Item 3 - Mayor and Council ResponsibilitiesARTICLE IV. ELECTIVE OFFICIALS Section 401. Enumeration. The elective officers of the City of San Luis Obispo shall be a Mayor and four Council Members each of whom, including the Mayor, shall have the right to vote on all questions coming before the Council. Section 402. Election at Large. The Mayor shall be elected at the general municipal election on a general ticket from the City at large. The Council Members shall be elected at the general municipal election from the City at large, two being selected biennially. Section 403. Eligibility for Office. No person shall be eligible for election to, or to hold, the office of Mayor or Council Member of said City unless said person is and shall have been a resident thereof, or of territory legally annexed thereto, on or prior to the date of such election or appointment, for at least thirty (30) days next preceding said person’s election thereto or appointment to fill a vacancy therein, and is an elector thereof at the time of such election or appointment. Section 404. Terms of Office. (A) The term of the Mayor shall be two years, and the terms of the Council Members shall be four years. (B) Terms shall commence on the first day of December at twelve o’clock noon following the election and each shall serve until a successor is elected or appointed and qualified. Ties in voting shall be settled by the casting of lots. Section 405. Limitation of Terms. Neither the Mayor nor any member of the Council shall serve in the same office for more than eight (8) years in succession; provided, however, that any time in office resulting from a partial term which is less than one-half (1/2) the length of the full term for that office, shall not be considered. Section 406. Vacancies. An elective office becomes vacant when the incumbent thereof dies, resigns, is removed from office under recall proceedings, is adjudged insane, convicted of a felony, or of an offense involving a violation of the Mayor or Council Member’s official duties, or ceases to be a resident of the City, or has been absent from the State without leave granted by the City Council for more than sixty (60) consecutive days, or fails to attend the meetings of the Council for a like period without being excused therefrom by said body. A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at the next regular municipal election following not less than seventy-two (72) days upon the occurrence of the vacancy, but the Council by a majority vote of its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term or new term takes office. If the term still has two (2) years until expiration at the time of the next regular municipal election, the election to that seat shall be separated from the election for the other Council candidates. If the Council fails to fill the vacancy within thirty (30) days following its occurrence, it shall call a special municipal election to fill the vacancy, to Page 1of 3Charter 12/12/2013http://www.codepublishing.com/ca/SanLuisObispo/SanLuisObispoCH.html be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy. The election shall be governed by the provisions of Article III. A person elected to fill a Council vacancy for an unexpired term shall take office on the first Tuesday following his election. Notwithstanding any other provisions of this Charter, a minority of the members of the Council may fill vacancies on the Council by appointment in the event that a majority of the Council seats becomes vacant. Section 407. Mayor—Powers and Duties. The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. The Mayor shall be recognized as the official head of the City for all ceremonial purposes. Section 408. Mayor Pro Tempore. The Council shall elect one of its members to be Vice Mayor. During the temporary absence or disability of the Mayor, the Vice Mayor shall act as Mayor Pro Tempore. In case of the temporary absence or disability of both the Mayor and Vice Mayor, the Council shall elect one of its members to be Mayor Pro Tempore. In case of vacancy in the office of Mayor, the Vice Mayor shall act as Mayor until such vacancy can be filled as provided in this Charter. Section 409. Council Member to Hold No Other Office. No member of the Council shall hold any other municipal office or hold any office or employment, the compensation of which is paid out of the municipal monies; nor be elected or appointed to any office created or compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. Section 410. Compensation. The Mayor and each Council Member shall receive compensation for services payable according to the regular City payroll schedule, with the Mayor receiving greater compensation than the other Council Members. Compensation for Mayor and Council Members shall be reviewed biennially in even-numbered years. When warranted, said compensation may be adjusted by Council resolution, to be effective the first full pay period in January of the year following the review. The compensation rate may be revised by the electorate by initiative. Mayor and Council Member expenses incurred for official business shall be reimbursed. ARTICLE V. COUNCIL POWERS AND PROCEDURES Section 501. General Powers of the Council. Subject to the provisions and restrictions contained in this Charter and the delegation of power, if any, to any person, Officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and which are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter it would be competent for this Charter to specifically enumerate. Page 2of 3Charter 12/12/2013http://www.codepublishing.com/ca/SanLuisObispo/SanLuisObispoCH.html No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. Section 502. Meetings of Council. The Council shall provide by ordinance for the time and place of holding its meetings and the manner in which its special meetings may be called. Public interest and convenience shall be the primary considerations when decisions are made as to time, location, and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. Section 503. Quorum. A majority of the Council Members shall constitute a quorum for the transaction of business. Section 504. Rules of Procedure. The Council shall determine its own rules of procedures. Section 505. Voting. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. All members, when present, must vote, except in the case of a recusal due to a conflict of interest. Failure or refusal to vote shall be construed as an affirmative vote. Section 506. Majority Rule. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three (3) members of the Council. Section 507. Administering Oaths: Subpoenas. Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of this State. Section 508. Limitations. No member of the Council shall be appointed to or serve as a voting member of any City Board, Committee, Commission, or Authority, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or subcommittees of the Council itself, or of agencies representing other levels of government. Page 3of 3Charter 12/12/2013http://www.codepublishing.com/ca/SanLuisObispo/SanLuisObispoCH.html Council Policies & Procedures Manual 2013 2-5-13 Page 20 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) 3.1.2 The Mayor shall be recognized as the official head of the City for all ceremonial purposes and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half-staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.1.5 The Mayor may solemnize marriages while in office, (Family Code Section 400.1). All rules and regulations for the rental of City facilities would apply. 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one-year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, Council Policies & Procedures Manual 2013 2-5-13 Page 35 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLE Council liaisons do not serve as ex-officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2013 2-5-13 Page 36 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body.