(a) Unless
otherwise provided by law, or by ordinance adopted after the effective
date of the ordinance codified in this section, all members of boards
and commissions of the city shall be appointed for three-year terms
commencing on July 1st of the year of appointment; provided, that
interim vacancies shall be filled by appointment for the unexpired
term of the member replaced.
(b) Subject
to its unfettered legislative discretion, the council will attempt
to ensure that members appointed to city boards and commissions shall
reflect the social, ethnic and cultural diversity of the community.
(c) Persons
appointed to a board or commission may be reappointed for up to one
additional full term, not to exceed a total of seven years of service
on such board or commission; such reappointments shall not be construed
as automatic, and applicants must go through the same process for
reappointment as all other applicants who are seeking initial appointment.
(d) Except in cases where the mayor or the city council are not the appointing authority, no person appointed to a board or commission shall become eligible for appointment to such board or commission for a period of one year from the expiration of his or her service upon such board or commission; provided, however, that person, if otherwise qualified, shall become immediately eligible for appointment to any other board or commission without the one-year hiatus. After the expiration of one year during which the person has not served upon the same board or commission, that person, if otherwise qualified, shall again become eligible for appointment to the board or commission upon which he or she formerly served, subject to the provisions of subsection
(c) of this section.
(e) Unless
otherwise provided by law, or by ordinance or resolution of the city
council, all members of boards and commissions of the city shall be
initially, and during their incumbencies, bona fide residents of the
State. No such member at or during such time shall be an employee
of the city, nor a current applicant for city employment. Each member
shall either: reside, work or go to school within the City of Palm
Springs. For purposes of this requirement, "work" may consist of employment
at a physical location within the City or an ownership interest of
least 20% of a business that is physically located within the City.
A person shall be eligible to serve as a member of a board or commission
of the City regardless of actual or perceived United States citizenship,
immigration status, age, race, color, religion, ancestry, national
origin, disability, medical condition, marital status, domestic partner
status, sex, gender, gender identity, gender expression, or sexual
orientation as these terms are defined by California Law.
(f) Any
member may be removed from office at any time, with or without cause,
by a majority vote of the members of the city council. If a member
is absent without advance permission of the board or commission or
of the member's appointing authority, from three consecutive regular
meetings or from twenty-five percent of the duly scheduled meetings
of the board or commission within any fiscal year, the chair of the
board or commission shall file a certification with the City Clerk
that such absences have occurred, and the member's office shall thereupon
automatically become vacant and shall be filled as any other vacancy.
(g) All
existing members of any board or commission shall be eligible upon
the expiration of their existing term for one additional three-year
term, unless they have also served an additional interim term, in
which case they shall not be eligible for an additional term if their
total continuous service would then be more than seven years, counting
the additional three-year term to which they would be reappointed.
(Prior code § 1160; Ord. 930 § 1, 1972; Ord. 1040 § 1, 1977; Ord. 1051 §§
1, 2, 1977; Ord. 1270 § 1,
1986; Ord. 1350 § 1, 1990; Ord. 1394 § 1, 1991; Ord. 1434 § 1, 1993; Ord. 1480 § 1, 1994; Ord.
1512 § 1, 1995; Ord. 1556 § 1, 1998; Ord. 1724 §
1, 2007; Ord. 2015 § 3, 2020)
Unless otherwise provided by law, or by ordinance or resolution
adopted after the effective date hereof, each board and commission
of the city shall annually at its first meeting held after June 30,
choose one of its number as chairman and one as vice-chairman. Each
chairman and vice-chairman shall have authority and perform such duties
as are commonly associated with their respective titles, or as may
be specially prescribed by law or by the bylaws or other rules of
the board or commission. Vacancies in either such position occurring
prior to July 1 may be filled as in the first instance, and a new
chairman or vice-chairman may be chosen at any time by majority vote
of all members of the board or commission.
(Ord. 1027 § 1, 1976)
(a) Any
member of the City Council of the City of Palm Springs may initiate
a review of any decision or action of a City Council appointed commission
or board that is not otherwise before the City Council by giving notice
thereof to the City Clerk. The Notice of Review shall be submitted
to the City Clerk no later than fifteen days following the date of
the action which is the subject of the review. The Notice of Review
shall not be deemed an appeal of a commission or board decision or
action and the hearing thereon shall be conducted pursuant to the
provisions of this Section.
(b) The
City Clerk, upon receipt of the Notice of Review, shall set a time
and place for the hearing of the matter for which the review was requested.
The hearing on the review shall be heard no more than forty-five days
following the filing of the notice of review.
(c) Notice
of the time and place of the hearing on the review shall be mailed
or otherwise delivered by the City Clerk to the applicant, if any,
and all other persons, if any, to whom notice of the initial application
or action was required, not less than ten days prior to hearing. If
publication of the initial application or action being appealed was
required, the notice of appeal shall be published in like manner.
(d) The
action of the council appointed commission or board shall be set aside
and the City Council shall conduct a public hearing de novo on the
review. All persons shall have the right to be heard by the City Council
either in person, in writing, or by representative. Technical rules
of evidence shall not apply in proceedings under this Section. No
party shall have the right to cross-examine any other party or witness
except for good cause shown to the satisfaction of the City Council.
(e) The
City Council shall render its decision within fifteen days following
the conclusion of the hearing on review. Upon finding good cause to
do so, the City Council may extend the time for rendering its decision
up to ninety days.
(f) No
later than five days following the rendering of the council's decision
the City Clerk shall mail or otherwise deliver a copy of said decision
to each party or person who presented evidence during the proceedings,
or who requested to be furnished a copy of the decision. Failure of
the City Clerk to mail or deliver a copy of the decision to each such
party or person shall not affect the finality or effectiveness of
the decision. The City Council's decision shall be final.
(Ord. 1783 § 1, 2011; Ord. 1873 § 1, 2015; Ord. 1874 § 1, 2015)
Any member of a Board or Commission failing to file any public
disclosure report required by State law or City ordinance by the established
deadline shall have his/her service automatically suspended on the
date that is five calendar days following a written certification
by the city clerk that three written (including electronic communication)
notifications have been provided to such Board or Commission member.
A member's service shall be immediately reinstated upon the filing
of the public disclosure report.
(Ord. 1996 § 1, 2019)
Each Board and Commission shall set its regular meetings to
occur at 5:30 p.m., unless otherwise exempted by the City Council.
Boards and Commissions may conduct adjourned regular, special, adjourned
special, and emergency meetings at such times as circumstances may
require, subject to approval by the City Manager.
(Ord. 2014 § 1, 2020)