3.02.050 Standard for incompatibility for members of advisory boards and commissions--Council determination--Remedies.
A. The Council finds and declares that:
1. Citizen advisory boards and commissions (collectively "commissions") bring to bear significant expertise on issues that come before the City.
2. Sitting on a volunteer advisory commission is a significant commitment of time and energy, which prevents many qualified individuals from sitting on commissions.
3. Individuals who are particularly qualified in a particular area will often have employment that is in some way related to the issues that come before the advisory commissions on which they sit.
4. Although the Council has provided that advisory commissions are subject to the City’s Conflict of Interest resolution, in light of their advisory status and the need to attract qualified commissioners, advisory commissions should not be subject to every possible prohibition related to conflicts of interest.
5. It is the purpose of this section to establish a fair and workable standard for determining when outside activities for compensation are incompatible with membership on an advisory commission, to establish the obligations of members of advisory commissions with respect to outside activities for compensation, to provide a process for determinations relating to incompatibility of outside activities for compensation and to establish remedies.
B. Pursuant to its authority under Government Code Section 1126(b), the City Council establishes and declares that outside activities for compensation shall not be considered incompatible with membership on City commissions other than those listed in subsection (I), but members of such commissions shall recuse themselves with respect to commission actions relating to any outside activity for compensation to the extent the action involves any specific employment responsibilities for which they receive compensation.
C. The City Attorney shall employ the standards set forth in the preceding subsection in making determinations under Government Code Section 1126 with respect to members of commissions other than those listed in subsection (I). Whenever the City Attorney issues a written opinion under Government Code Section 1126, that opinion shall be immediately transmitted to the City Clerk and the affected commissioner.
D. If the affected commissioner notifies the City Clerk in writing of their disagreement with the City Attorney’s opinion within 14 days after the opinion is transmitted to them, the City Clerk shall place the matter on the Council’s agenda at the earliest possible time and shall notify the affected commissioner of the date and time of the meeting at which the Council will consider the matter.
E. The Council shall allow the affected commissioner an opportunity to address it, shall determine whether to affirm or overrule the City Attorney’s opinion and may make any order consistent with this section and Government Code Section 1126.
F. If the commissioner fails to comply with the City Attorney’s opinion or, on appeal, the order of the City Council, the commissioner’s seat shall be deemed automatically vacated as of the date of the Council’s order.
G. From the date the City Attorney’s opinion is issued and transmitted to the board or commissioner who is its subject, until completion of Council proceedings under this section, that commissioner shall comply with the incompatibility standard set forth in subsection (B) as applied in the City Attorney’s opinion. Thereafter, the commissioner member shall comply with the order of the Council.
H. Prior to accepting any appointment to any commission, the nominee shall disclose to the appointing Councilmember every employment, activity or enterprise for compensation that falls within the scope of the authority of the board or commission for which they have been nominated.
I. The standard set forth in subsection (B) of this section applies to commissioners appointed by the Council to all City boards and commissions except the Board of Library Trustees, the Fair Campaign Practices Commission, Homeless Commission, Housing Advisory Commission, Human Welfare and Community Action Commission, Landmarks Preservation Commission, Planning Commission, Police Review Commission, and Zoning Adjustments Board.
J. Nothing in this section affects any disclosure, disqualification or eligibility requirement of under any provision of federal, state or local law other than Government Code Section 1126(b). (Ord. 6643-NS § 1, 2001)