O2209
f:\atty\muni\laws\mjm\employeesonboards-12d .doc
City Council Meeting 10-10-06
Santa Monica, California
ORDINANCE NUMBER 2209 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 2.32.280 TO THE SANTA MONICA MUNICIPAL
CODE TO PROHIBIT CITY EMPLOYEES FROM SERVING ON LEGISLATIVE
BODIES
WHEREAS, both the Santa Monica City Charter and the Santa Monica Municipal
Code establish boards and commissions; and
WHEREAS, in addition to boards and commissions, the City Council has created,
or facilitated the creation of, other entities which advise the City Councilor exercise
municipal authority; and
WHEREAS, the City Charter provisions that create boards and commissions all
preclude City employees from serving on those boards and commissions; and
WHEREAS, the Municipal Code provisions that create boards and commissions
refer to City Charter provisions but do not expressly disqualify City employees from
serving as board or commission members; and
WHEREAS, City employees are not expressly prohibited from serving on the
boards of local legislative bodies; and
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WHEREAS, the City Charter establishes a City Manager form of government in
which all City employees except members of the City Attorney's Office report to the City
Manager who reports directly to the City Council; and
WHEREAS, it is important that criteria for service on local legislative bodies be
clear and consistent; and
WHEREAS, allowing City employees to serve as members of local legislative
bodies could create an actual or apparent conflict of interest,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.32.280 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 2.32.280. Prohibition against City
employees serving on legislative bodies.
No City employee may serve as a member of any City
board or commission, or as a member of any other
legislative body all of whose members are appointed by the
City Council. For purposes of this Section, "legislative body"
shall be defined as provided by state law in the Ralph M.
Brown Act.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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OUTRIE
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Approved and adopted this 10th day of October, 2006.
~/~
Robert T. Holbrook, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2209 (CCS) had its introduction on September 26, 2006, and
was adopted at the Santa Monica City Council meeting held on October 10, 2006, by
the following vote:
Ayes:
Council members:
Bloom, Genser, Katz, McKeown,
Mayor Pro Tem Shriver, Mayor Holbrook,
Noes:
Council members:
None
Abstain: Council members: None
Absent: Council members:
O'Connor
ATTEST:
,:..,~ ~~
Maria M. Stewart, ity Clerk