HomeMy WebLinkAboutOrd 2020-3494ORDINANCE NO. 3494
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 2.25.105(D) OF THE CHULA VISTA MUNICIPAL
CODE RELATED TO THE PROCESS BY WHICH BOARD OR
COMMISSION MEMBERS MAY BE REMOVED FOR CAUSE
WHEREAS, Chula Vista Municipal Code (CVMC) section 2.25.105(D) provides reasons
for which a board or commission member may be removed from their seat for cause, including
excessive absences and failure to attend mandatory training sessions; and
WHEREAS, section 2.25.105(D) calls for a Council subcommittee, comprised of the
Mayor and Deputy Mayor, to monitor board and commission member attendance, training records,
and other situations that may be cause for a member’s removal, and potentially make
recommendations to the full Council to consider removing members; and
WHEREAS, the subcommittee’s conduct is subject to the Brown Act, requiring its
meetings to be open to the public; and
WHEREAS, due to the potentially sensitive and quasi-personnel matters that may be
considered during the board and commission member review process, the subcommittee
recommended revising the process by which board and commission members may be removed for
cause; and
WHEREAS, the City Council desires to revise the process such that the Mayor would
conduct the review and, after consulting with the staff liaison, nominating authority, the City Clerk,
and City Attorney, if the Mayor found removal of a member for cause warranted, the Mayor could
make a recommendation to the full Council for a vote on their removal.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Section 2.25.105., subsection D., of the Chula Vista Municipal Code is hereby
amended read as follows [Subsections 2.25.105.A. through C., and E., remain unchanged] :
2.25.105 Membership – Vacancies.
D. Removal for Cause.
1. A member may be removed for cause by three affirmative votes of the City Council.
2. A member may be removed for cause for the following reasons:
a. Absence from more than 50 percent of the meetings of the board or commission in
one fiscal year, whether or not excused by a majority vote of its members;
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b. Unavailability or conduct which interferes with the board or commission’s ability to
conduct business;
c. Failure to attend training sessions mandated by the City;
d. Violation of any City policies or City, state or federal regulations that are the subject
of mandatory training sessions; or
e. Violation of the City’s code of ethics, which shall be processed in accordance with
Chapter 2.28 CVMC.
3. The Mayor shall monitor attendance and training records submitted pursuant to CVMC
2.25.120 and reports of situations described in subsections (D)(2)(b) through (D)(2)(d) of
this section.
4. After consultation with the staff liaison for the subject Board or Commission, the
nominating authority for the subject Board or Commission position (if any), the City Clerk
and the City Attorney, if the Mayor finds removal of a member for cause is warranted, the
Mayor may make recommendations to the full Council for a vote on the removal of such
member for cause.
5. Prior to the Mayor making a recommendation to the full Council for a vote on the
removal of a member for cause, the member shall be notified and provided a reasonable
opportunity to submit an explanation for the Mayor and Council’s consideration.
6. Should the Council vote affirmatively to remove the member for cause, the vacancy shall
be effective on the date of the Council’s action.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
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Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
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Presented by Approved as to form by
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 3rd day of November 2020, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3494 had its first reading at a regular meeting held on the 20th day of October 2020,
and its second reading and adoption at a regular meeting of said City Council held on the 3rd day
of November 2020; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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For
For
11/12/2020