The City Commission shall consist of five (5)
members who shall be elected from the City at large as provided in
this Charter, one (1) of whom shall be elected as Mayor.
[Amended 6-13-1995 by Ord. No. 95-06,
Ref. of 3-5-1996; 12-10-2019 by Ord. No. 2019-08, Ref. of 3-17-2020]
The election of City Commissioners, including the Mayor, shall
be as provided by this Charter, general and special law and ordinances
of the City. The terms of the City Commissioners, including the Mayor,
shall be four (4) years.
No person shall be eligible to be a candidate for Mayor after
serving three (3) consecutive terms as Mayor for the succeeding term.
No person shall be eligible as a candidate for Commissioner who has
been elected to three (3) consecutive terms as Commissioner for the
succeeding term.
Any Commissioner is eligible to be a candidate for the next
Mayoral general election cycle regardless of the number of terms in
which they have been elected as a Commissioner. The Mayor, after three
(3) consecutive terms will not be eligible to run for Commissioner
for the succeeding general election cycle for Commissioner.
The calculation of consecutive terms shall commence on March
5, 1985.
[Amended 12-16-1986 by Ord. No. 86-18,
Ref. of 3-3-1987; 6-13-1995 by Ord. No. 95-06, Ref. of 3-5-1996; 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002]
(a)
The office of Commissioner, including the Mayor, shall
become vacant upon death, resignation, removal from office in any
manner authorized by law or forfeiture of office. Forfeiture of office
shall be declared by a majority vote of the remaining members of the
Commission.
(b)
A Commissioner, including the Mayor, shall forfeit
the office if the person lacks, at any time during the term of office,
any qualification for the office prescribed by this Charter or by
law.
(c)
The Commission shall have the power and authority
to remove any member of the Commission:
(1)
For malfeasance, misfeasance, neglect of duty,
habitual drunkenness, incompetence or permanent inability to perform
the official duties;
(2)
Upon conviction for a felony;
(3)
Upon conviction for a misdemeanor related to
the duties of office; or
(4)
Upon conviction for the commission of any federal
felony or misdemeanor.
(d)
The Commission shall have the power and authority
to suspend without pay any member of the Commission:
(e)
Any such suspension or removal shall only occur after
reasonable notice to the Commission member being considered for suspension
or removal, and such Commission member shall have been given an opportunity
to be heard and present a defense.
(f)
If the Commission member is acquitted or found not
guilty or is otherwise cleared of the charges which were the basis
of the arrest, indictment or information by reason of which the person
was suspended under the provisions of this section, the Commission
shall forthwith revoke the suspension and restore such Commission
member to office, and the member shall be entitled to and be paid
full back pay and other emoluments or allowances to which the person
would have been entitled for the full period of time of the suspension.
If during the person's suspension, the term of office of the suspended
Commission member expires and a successor is either appointed or confirmed,
such back pay, emoluments or allowances shall only be paid for the
duration of the term of office during which the suspended Commission
member was suspended under the provisions of this section, and the
person shall not be reinstated.
(g)
A suspended Commission member may, at any time before
removal, be reinstated by unanimous vote of the Commission in its
discretion.
(h)
The suspension of a Commission member by the Commission of the City of South Pasadena creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by the suspension of a Commission member under the provisions of this section shall be filled by a temporary appointment to such office for the period of the suspension, not to extend beyond the term of the suspended Commission member. Such temporary appointment shall be made in the same manner and by the same authority as provided by § 2.03(k) or 2.03(l) of this article, as applicable.
(i)
No Commission member who has been suspended from office
under this section may perform any official act, duty or function
during the suspension; receive any pay or allowance during the suspension;
or be entitled to any of the emoluments or privileges of the office
during the suspension.
(j)
A member of the Commission shall be removed from the
Commission upon the unanimous affirmative vote of the members forming
the quorum present and taking part in the determination. The Commission,
by a unanimous vote of the members forming the quorum present and
taking part in the determination, shall have authority to suspend
a member. The accused member shall not be entitled to participate
in the deliberations or decision in relation to the suspension or
removal. A quorum must be present and voting for the Commission to
act under this section. For the purpose of this section, a quorum
shall be constituted of four (4) voting members.
(k)
If three or more members of the Commission are removed
by death, disability or forfeiture of office, the Governor shall appoint
interim Commission members who shall call a special election, and
such election shall be held to fill the unexpired terms of Commission
members. If necessary, the newly constituted Commission will appoint
a Mayor and/or Vice Mayor.
(l)
A vacancy in the membership of the Commission, including
the Mayor, except a vacancy caused by resignation after a recall petition
has been filed, shall be filled within thirty (30) calendar days after
such vacancy occurs by a majority vote of the remaining Commission
members by appointment of an eligible person. The City Commission
shall determine the length of the appointed term and may set a special
election to fill the unexpired term. In no event shall the City Commission
appoint a member to serve longer than either the next general election
in which the unexpired term can be filled or more than 15 months.
[Amended 12-10-2019 by Ord. No. 2019-08, Ref. of 3-17-2020]
(a)
Each candidate for nomination and election as a member
of the City Commission, including the Mayor, shall have been a resident
of the City for one (1) year immediately prior to qualifying and shall
be a duly qualified elector of the City at the time of qualifying
for such office and be otherwise qualified as provided in this Charter
and shall remain domiciled in the City for the term of the office
for which the person was elected.
[Amended 6-13-1995 by Ord. No. 95-06,
Ref. of 3-5-1996]
(b)
The Commission shall be the judge of the election
and qualification of its own members.
[Amended 6-13-1995 by Ord. No. 95-06,
Ref. of 3-5-1996; 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002]
(a)
The Mayor shall preside at meetings of the Commission
and perform such other duties consistent with the office and this
Charter as may be imposed by the Commission.
(b)
The Mayor shall be recognized as the official head
of the City for all ceremonial purposes and by the courts for the
purpose of serving civil processes.
(c)
The Mayor shall represent the City in agreements with
other governmental entities or certifications to its governmental
entities and execute contracts, deeds and other documents. The Mayor
shall be the Commissioner of Administration, and shall be responsible
for all other duties not specifically assigned to one of the other
Commissioners.
(d)
During the temporary absence or temporary disability of the Mayor, the duties shall be performed by the Vice Mayor. In the event of the death or removal or resignation of the Mayor, the Vice Mayor shall assume the duties of the Mayor until the vacancy thereby created shall be filled as per § 2.03 of this Charter.
[Amended 4-21-1987 by Ord. No. 87-08,
Ref. of 3-1-1988; 1-19-1988 by Ord. No. 87-25; 10-17-1989 by Ord. No. 89-20,
Ref. of 3-6-1990; 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002; 12-10-2019 by Ord. No. 2019-08, Ref. of 3-17-2020]
The Mayor, at a regular Commission meeting following
each annual regular election, shall appoint a Vice Mayor who shall
be confirmed by a majority vote of the Commission. In the case of
a Vice Mayor being removed by death, disability or resignation, the
Mayor, at a special Commission meeting, shall appoint a Vice Mayor
who shall be confirmed by majority vote of the Commission.
[Amended 6-13-1995 by Ord. No. 95-06,
Ref. 3-5-1996]
The Commission shall meet regularly at least
once every month at such times and places as the Commission may prescribe
by rule. Special meetings may be held at the call of a majority of
the members, and whenever practicable, upon thirty-six (36) hours'
notice to each member and the public. Emergency matters may be acted
upon without notice when authorized by a majority vote of the entire
City Commission. Unless otherwise specified, all other action of the
Commission shall be by affirmative vote of the majority of a quorum
present. The Commission shall establish rules and order of business.
A majority of the City Commission shall constitute a quorum.
[Added 7-16-1985 by Ord. No. 85-17,
Ref. of 3-4-1986; amended 6-13-1995 by Ord. No. 95-06, Ref. 3-5-1996; 11-24-1998 by Ord. No. 98-12; 11-28-2006 by Ord. No.
2006-08, effective 1-1-2007; 11-8-2016 by Ord. No. 2016-12, effective 1-1-2017; 11-12-2019 by Ord. No.
2019-05, effective 1-1-2020; 12-10-2019 by Ord. No. 2019-08, Ref. of 3-17-2020; 10-13-2020 by Res. No. 2020-14, effective 10-1-2020; 10-12-2021 by Res. No.
2021-16, effective 10-1-2021; 10-11-2022 by Res. No. 2022-13, effective 10-1-2022]
Salaries of the Mayor and Commission shall be
as follows:
Mayor: $1,194.17 per month.
Commissioners: $907.57 per month.
These salaries shall remain in effect until
amended by ordinance, however, per resolution, the Mayor and Commissioners
are eligible to receive the same cost of living increase as other
City employees. Ordinances proposing salary adjustments shall only
be adopted during the month of November and must have an effective
date of January 1 of the following year. Adoption of any such ordinance
shall require approval by a super majority of the entire Commission
(4 of 5). Any increase or decrease must be applied uniformly to the
Mayor and Commissioners. Salaries shall be reviewed every six (6)
years by a Charter Review Committee.
