HomeMy WebLinkAboutItem 8.1 Remove City Commissioners Process
STAFF REPORT CITY CLERK
File # 110-20
CITY COUNCIL
DATE:January 19, 2016
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Discussion of Revising the Process for Removing City Commissioners
Prepared by John D. Bakker, City Attorney
EXECUTIVE SUMMARY:
At its December 15, 2015 meeting, the City Council requested that an item be brought back for
discussion regarding the process for removing City Commissioners. Under existing City Council-
adopted rules, the removal of City Commissioners can only be initiated by the Mayor. State law
provides that City Commissioners serve at the pleasure of the City Council, and therefore the
existing rules could be changed to provide that the City Council can initiate the removal process.
Staff is seeking direction on whether it should proceed with preparing revisions to the existing
rules for the City Council’s future consideration.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council provide direction to Staff on whether to return with
revisions to the Municipal Code and Commission by-laws resolutions that would authorize the
City Council to remove City Commissioners.
Reviewed By
Assistant City Manager
DESCRIPTION:
Background
At its December 15, 2015 meeting, the City Council asked that Staff bring back an item for
discussion regarding the procedure for removing City Commissioners.
As set forth in the California Government Code, appointed officers (including City
Commissioners) hold office at the pleasure of the City Council. (Gov. Code, § 36506). The
Government Code is silent as to specific procedures for initiating or effecting removal. However,
ITEM NO. 8.1
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the City Council has adopted various ordinances and resolutions that state that the Mayor has
the power to remove a Planning Commissioner from office, with the approval of a majority of the
City Council. Practically, this means that under current policies only the Mayor can initiate
removal of a City Commissioner.
The City Council is free to change the existing policy to give the City Council the authority to
initiate the removal process. Doing so would require revisions to several City Council-adopted
pieces of legislation. In particular, it would require revising section 2.12.020 of the Dublin
Municipal Code, which provides for the appointment and removal of Planning Commissioners,
and the by-laws of the Human Services Commission, Parks and Community Services
Commission, Heritage and Cultural Arts Commission, Senior Center Advisory Committee and
Youth Advisory Committee.
If the City Council directs Staff to proceed, Staff would return at the February 2, 2016 meeting
with the introduction of an ordinance amending Chapter 2.12 (Planning Commission) and with a
resolution or resolutions to amend the various Commission by-laws. Planning staff will also be
suggesting various other technical changes to Chapter 2.12.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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