2.25.105 Membership – Vacancies.
A. Vacancies Mandated by the City Charter. If the City Clerk determines that a vacancy has occurred pursuant to Charter Section 602(c), the Clerk shall agendize the matter for City Council action. Between the occurrence of vacancy and the Council declaration of vacancy, the member shall be unable to continue serving as a board or commission member and shall have no duties of the office. The vacancy shall be effective on the date the Council declares the office vacant.
B. City Employee. If a member becomes a paid employee of the City, the member’s status as a board or commission member shall automatically terminate. The effective date of vacancy shall be the date of hire.
C. Member No Longer Qualified. If a member loses the status or classification that qualified the individual for his or her seat on a particular board or commission, unless otherwise provided in the board or commission membership rules, the City Clerk shall schedule the declaration of vacancy on an agenda of the City Council as soon as practicable after being informed of a qualifying circumstance. The vacancy shall be effective on the date the Council declares the office vacant.
D. Removal for Cause.
1. A member may be removed for cause by three affirmative votes of the City Council.
2. A member may be removed for cause for the following reasons:
a. Absence from more than 50 percent of the meetings of the board or commission in one fiscal year, whether or not excused by a majority vote of its members;
b. Unavailability or conduct which interferes with the board or commission’s ability to conduct business;
c. Failure to attend training sessions mandated by the City;
d. Violation of any City policies or City, state or federal regulations that are the subject of mandatory training sessions; or
e. Violation of the City’s code of ethics, which shall be processed in accordance with Chapter 2.28 CVMC.
3. The Mayor shall monitor attendance and training records submitted pursuant to CVMC 2.25.120 and reports of situations described in subsections (D)(2)(b) through (D)(2)(d) of this section. The subcommittee may make recommendations to the full Council for a vote on the removal of a member for cause.
4. After consultation with the staff liaison for the subject Board or Commission, the nominating authority for the subject Board or Commission position (if any), the City Clerk and the City Attorney, if the Mayor finds removal of a member for cause is warranted, the Mayor make recommendations to the full Council for a vote on the removal of such member for cause.
5. Prior to the Mayor making a recommendation to the full Council for a vote on the removal of a member for cause, the member shall be notified and provided a reasonable opportunity to submit an explanation for the Mayor and Council’s consideration.
6. Should the Council vote affirmatively to remove the member for cause, the vacancy shall be effective on the date of the Council’s action.
E. Resignation. A member may resign by providing notice to the Chair, City staff, or the City Clerk. The resignation shall be effective on the date provided by the member, or, if no such date was provided, on the date the notice was given. (Ord. 3494 § 1, 2020; Ord. 3435 § 1, 2018).