SR-601-006
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City Council Report
City Council Meeting: September 26, 2006
Agenda Item: "lE
To:
Mayor and City Council
From:
Marsha Jones Moutrie, City Attorney
Subject:
Ordinance Prohibiting City Employees from Serving on Legislative Bodies
Recommended Action
Staff recommends that the City Council introduce for first reading the attached,
proposed ordinance.
Executive Summary
The attached, proposed ordinance would prohibit City employees from servIng as
members of local legislative bodies whose members are all appointed by the City
Council.
Discussion
The City Charter establishes five boards and commissions and explicitly prohibits City
employees from serving on any of them. The Municipal Code currently also establishes
five boards and commissions. While the Municipal Code provisions do not explicitly
prohibit City employees from serving as board or commission members, the provisions
do reference the requirements of the City Charter. Therefore, although the Municipal
Code provisions are somewhat ambiguous, they likely prohibit City employees from
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serving as board or commission members. Additionally, the City Council has created,
or facilitated the creation of, a number of other local "legislative bodies." These include
the boards of the Pier Restoration Corporation (PRC) and the Bayside District
Corporation (BDC), environmental task forces, and the board of the Convention &
Visitors Bureau (CVB).
All of the members of all of these bodies are appointed by the City Council except for
the CVB. Half of the CVB's members are appointed by the City Council and half by the
Santa Monica Chamber of Commerce. The by-laws of the CVB specify that the City
Manager shall be a member of the board. This is the only instance in which a City
employee is presently explicitly required or authorized to serve as a member of a
legislative body.
For purposes of clarity and consistency, City staff recommends that the City Council
adopt a prohibition against City employees serving as members of legislative bodies.
As worded in the proposed ordinance, this prohibition would not effect the composition
of the CVB board. Adoption of the ordinance would effectuate the City Charter policy of
precluding City employees from serving on boards and commissions. This policy also
would help to avoid actual or apparent conflicts of interest that could arise if a person
was both a City employee and a member of a legislative body.
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Alternatives
The Council could modify the proposed ordinance to specifically exempt the City
Manager's service on the Convention & Visitors Bureau board. Or, the Council could
take no action, in which case it is possible that a City employee could seek and obtain
an appointment. Mostly likely the appointment would be to the BDC or PRC board, or to
one of the task forces, because they are not directly governed by any City Charter or
Municipal Code provisions.
BudqetlFinanciallmpact
Adoption of the proposed ordinance would have no financial impact.
Prepared by: Marsha Jones Moutrie, City Attorney
Approved:
Forwarded to Council:
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f:\atty\muni\laws\mjm\employeesonboards-1. doc
City Council Meeting 9-26-06
Santa Monica, California
ORDINANCE NUMBER
(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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