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~;tYo, City Council Report
Santa Monica
May to, 2oti1
City Council Meeting:~ap~2dP't-'
Agenda Item: ~--F
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Proposed Ordinance Deleting Code Provisions Authorizing Emeritus
Positions on Boards and Commissions
Recommended Action
Staff recommends that Council introduce for first reading the attached proposed
ordinance deleting provisions of the Municipal Code that authorize emeritus positions on
boards and commissions.
Executive Summary
After considering the issue of whether to maintain the current emeritus positions on City
boards and commissions, Council directed staff to prepare an ordinance eliminating the
code provisions that authorize emeritus appointments. The attached proposed
ordinance fulfills that directive. It would eliminate provisions authorizing the
appointment of emeritus members to the Commission for the Senior Community,
Commission on the Status of Women and Commission for Recreation and Parks. This
change would allow persons currently serving as emeritus members of those
commissions to serve out their current terms and to continue to participate in other ways
in the future.
Background
Last fall, Council directed staff to analyze existing policy for making emeritus
appointments to City boards and commissions. The City Clerk fulfilled that direction,
submitting her report to Council.on February 13, 2011. In that report, the Clerk
explained that Council had previously adopted term limits for board and commission
membership in October of 1999. The goals included encouraging broad-based
involvement in civic affairs and the broadest possible mix of ideas and viewpoints. The
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Clerk also provided information from staff. members who work directly with the three
commissions that have emeritus members. Based on the information that she had
gathered and shared, the Clerk's report recommended eliminating emeritus positions.
Council discussed the matter, noting that emeritus members contributed experience and
expertise to the bodies on which they had previously served out their terms and thus
performed a valued service. However, Council also noted that the concept of emeritus
positions was somewhat inconsistent with term limit goals, that emeritus positions were
created and filled on an ad hoc, unsystematic basis, and that all former board and
commission members could continue to participate in the public process and could
serve the community in other ways than through emeritus appointments. Thus, Council
thanked the current emeritus commissioners, encouraged them to serve out their terms
and continue to participate in City government thereafter, and directed staff to prepare
an ordinance deleting code provisions authorizing emeritus appointments.
Discussion
The attached proposed ordinance fulfills that directive. It would delete portions of Code
Sections 2.48.010 and 2.48.030 relating to emeritus positions on the Commission for
the Senior Community and authorizing up to three such emeritus appointments. It
would also delete Section 2.12.155, authorizing the appointment of up to two emeritus
positions on the Commission for Recreation and Parks. Finally, it would delete Section
2.56.031, authorizing the appointment of up to three emeritus members to the
Commission on the Status of Women.
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Financial Impacts & Budget Actions
Approving and adopting this proposed ordinance would have no financial or budgetary
impacts.
Prepared by: Marsha Jones Moutrie, City Attorney
roved:
Attachments:
A. Proposed Ordinance
Forwarded to Council:
Rod Gould
City Manager
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f: \atty\mu n i\laws\mj m\EmeritusPositionsOrd050311
City Council Meeting: May 3, 2011 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2.48.010
AND REPEALING SANTA MONICA MUNICIPAL CODE SECTIONS 2.12.155, 2.48.030
AND 2.56.031 RELATING TO EMERITUS POSITIONS ON VARIOUS COMMISSIONS
WHEREAS, the City Council has previously created emeritus positions on some
City Boards and Commissions; and
WHEREAS, the City Council has concluded, based oh experience that it is
difficult to limit emeritus positions; and
WHEREAS, persons currently holding emeritus positions have made significant
and valued contributions, which they can continue to make as members of the public;
and
WHEREAS, Council has therefore concluded that the emeritus programs should
be eliminated but that community members should, nonetheless, be encouraged to
participate in board and commission meetings
1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.48.010 is hereby amended
to read as follows:
2.48.010 Commission for the Senior Community.
Pursuant to the provisions of Section 1000 of the
Santa Monica Municipal Charter, the City Council does
hereby create a Commission for the Senior Community. The
membership of said Commission shall be appointed by the
City Council and shall consist of nine members to be
electors of the City. None of the vet+ag-members shall hold
any paid office or employment in City Government. At least
five of the Commissioners shall be over sixty years of age.
4~~ (Prior code § 2900; amended by Ord. No. 1455CCS,
adopted 9/27/88; amended by Ord. No. 2087CCS § 1 (part),
adopted 7/8/03}
2
SECTION 2. Santa Monica Municipal Code Sectiori 2.12.155 is hereby repealed
in its entirety:
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SECTION 3. Santa Monica Municipal Gode Section 2.48.030 is hereby repealed
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SECTION 4. Santa Monica Municipal Code Section 2.56.031 is hereby repealed
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5
SECTION 5. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 6. 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 7. 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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M SHA J ES MO TRIE
Ci Attorn