A. 
Generally. Unless otherwise provided, a board, commission or public authority board of directors is governed by each of the provisions set forth in this chapter.
(CAC 2.64.010; AO No. 84-10(S); AO No. 91-173(S); AO No. 2015-23(S), § 19, 3-24-2015)
A. 
The assembly by ordinance may provide for advisory, regulatory, appellate or quasi-judicial boards or commissions. The ordinance shall prescribe the duties and qualifications of members.
B. 
The assembly by ordinance may create or designate itself to be a board of review, adjustment, or equalization. The ordinance shall prescribe the rules of procedure, including quorum and voting requirements.
The members of boards and commissions shall be appointed as provided in the Charter. Reappointments to a board or commission must be accompanied by a record of meeting attendance during the previous term of appointment.
(AO No. 92-83)
In addition to any other qualifications required by this Code, a board or commission member shall:
A. 
If legally eligible, be a qualified voter of the municipality;
B. 
Maintain domicile in the municipality while in office;
C. 
If serving on an adjudicatory or regulatory board, be at least 18 years of age; and
D. 
If under 18 years of age and serving on an advisory board or commission, meet the state requirements relating to employment of minors during the member's service on the board or commission.
(AO No. 78-126; AO No. 78-147(AM 1); AO No. 83-44; AO No. 89-53; AO No. 89-122(S-1))
Except as otherwise specified in this Code, the regular term of each member of a board or commission is three years commencing on October 15 of the year in which appointed and ending three years thereafter on October 14, provided however, to avoid a vacancy until new appointments can be made and confirmed, an appointed member's term is extended until a new appointment is confirmed or a maximum of 120 days which ever occurs first. The terms of initial or subsequent appointments to a board or commission shall be staggered so that, as nearly as possible, a pro rata number of its members shall be appointed each year of the established regular term of office.
(CAC 2.64.040—2.64.050; AO No. 95-113, § 1, 5-2-1995; AO No. 2001-105, § 1, 6-19-2001; AO No. 2004-84, § 1, 5-18-2004)
A. 
Except as otherwise provided in the Code, no member of a municipal board or commission shall receive compensation for attendance at regular or special meetings.
(CAC 2.64.070; GAAB 5.05.050; AO No. 79-80(AM); AO No. 81-177(S); AO No. 84-10(S); AO No. 84-83; AO No. 87-21; AO No. 89-51(S-3); AO No. 89-122(S-1); AO No. 91-142(S-1); AO No. 91-173(S); AO No. 2003-101, § 1, 7-15-2003; AO No. 2010-1, § 1, 2-2-2010)
A. 
The office of a member of a board or commission member shall become vacant if the member:
1. 
Ceases to meet the qualifications prescribed for the office;
2. 
Resigns;
3. 
Dies;
4. 
Is judicially determined to be incompetent;
5. 
Is convicted of a felony;
6. 
Is removed from office for breach of the public trust; or
7. 
During any 12-month period while in office:
a. 
Is absent from three regular meetings without excuse;
b. 
Is absent from:
i. 
Six regular meetings; or
ii. 
Eight regular meetings for members of the planning and zoning commission, urban design commission, platting board, or zoning board of examiners and appeals; or
c. 
Fails to attend a two-thirds majority of the regular meetings.
B. 
A member intending to be absent from a regular meeting shall request of the chairperson to be excused prior to the meeting proposed to be missed.
C. 
A board or commission chair or the chair's designated staff shall keep attendance records of all meetings, and immediately report the failure of any official to meet the attendance requirements of this section to the mayor or his or her designee. The mayor or his or her designee shall notify the official of his or her delinquency and remove the official from office within 15 days of receiving notification of the official's noncompliance.
D. 
The assembly shall be promptly notified of the removal of any official under this section. Vacancies created pursuant to the provisions of this section shall be filled by appointment to the unexpired term of the member whose office becomes vacant.
E. 
Members of boards and commissions having duly appointed alternates shall not be subject to removal for failing to meet the attendance requirements of this section.
F. 
Physical and remote attendance.
1. 
Meetings. Board and commission meetings may be held in person, or virtually, or remotely. An in-person meeting is held in a public setting with a physical location and may also provide for remote attendance. A virtual meeting is one held with no physical location and all persons participate by remote attendance.
2. 
Attendance. Remote attendance by telephone, virtually, or through any remote means. Physical attendance is defined as a member being physically present at the location where the meeting is noticed as being held in a public setting.
3. 
Means of remote participation. Remote participation under this section shall include any means through which a member may participate remotely, to include being able to engage in discussion, and being audible to all persons participating in the meeting. The member participating remotely must have the ability to obtain the meeting agenda and other pertinent documents to be discussed and/or acted upon.
4. 
Public in-person participation. If one or more members of a board or commission participates in-person in a public setting, then the public must also be granted reasonable in-person access to the meeting.
5. 
In-person meeting. The chair of a board or commission or a majority of the members may schedule an in-person meeting.
6. 
Public notice. The public notice of the meeting must indicate whether the meeting is to be held in person, or virtually, or remotely. If held in person, the notice shall indicate if remote attendance is available. The public must have an opportunity to participate by similar or alternative means as the board or commission members.
7. 
Emergency. When the assembly, mayor, governor or federal government has declared an emergency, all boards and commissions may provide for remote attendance by members, and provide for remote access by the public to the extent reasonable under the circumstances of the emergency.
8. 
Petitioner rights. When no emergency has been declared, a petitioner or applicant appearing in front of a board or commission acting in an adjudicatory capacity shall be allowed at their request an in-person meeting with a quorum of the members present in person.
(CAC 2.64.060; AO No. 89-122(S-1); AO No. 90-70; AO No. 92-95; AO No. 93-215, § 1, 1-4-1994; AO No. 95-113, §§ 1, 2, 5-2-1995; AO No. 2007-63(S), § 1, 5-1-2007; AO No. 2013-55, § 1, 4-23-2013; AO No. 2017-148, § 1, 11-21-2017; AO No. 2018-31, § 1, 4-24-2018; AO No. 2020-42, § 1, 4-14-2020; AO No. 2021-85, § 1, 10-28-2021; AO No. 2023-105, § 1, 11-7-2023)
A. 
A member of a board or commission may be removed from service for breach of the public trust following the procedures set forth in this section:
1. 
For purposes of this section, actions constituting a breach of the public trust may include factors that materially and adversely affect the performance of the board or commission member or adversely affect the reputation or performance of the board or commission or the municipality.
2. 
A request for review by the Ethics Board shall be initiated by the mayor or by an assembly member.
3. 
The Ethics Board shall review the matter, providing the respondent with the opportunity to appear and provide information. The board will make findings and either dismiss the review or make a recommendation to the mayor and assembly for removal. Confidentiality provided by section 1.15.160E applies to the board's review and report.
4. 
After reviewing the board's recommendation, the mayor may remove the member from office with the consent of a majority of the assembly.
(AO No. 2018-31, § 2, 4-24-2018)
A board or commission shall annually elect a chairperson and a vice-chairperson. The vice-chairperson shall act in the absence of the chairperson or in the inability of the chairperson to act.
(CAC 2.64.040)
A majority of the authorized seats of a board or commission, whether vacant or filled, shall be a quorum for the transaction of business. In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time or date.
(CAC 2.64.080; AO No. 78-69; AO No. 2023-57(S), § 1, 5-9-2023)
A. 
A board or commission shall hold regular monthly meetings at such time and place as may from time to time be designated by the board or commission, but meetings need not be held if no business is pending. Public notice and minutes of meetings of boards and commissions shall be in compliance with chapter 1.25.
B. 
Except as otherwise provided by law, AMC Chapter 1.25, and this section, Robert's Rules of Order, as revised, shall be applicable and govern all rules of procedure. The chair of a board or commission, or the municipal employee who is designated as an ex officio member of the board or commission pursuant to section 4.05.140, or a majority of the board or commission, may call a special meeting of the board or commission. Meetings of all boards and commissions shall be open to the public, except for an executive session or when meeting solely to make a decision on a procedural motion brought by a party in an adjudicatory proceeding, from which the public may be excluded.
C. 
A board or commission may establish reasonable rules and regulations only under procedures of chapter 3.40, governing proceedings before the board or commission.
D. 
Boards and commissions shall not hold emergency special meetings.
(CAC 2.64.090; AO No. 89-122(S-1); AO No. 94-132(S), § 6, 8-25-1994; AO No. 2022-70, § 9, 7-26-2022; AO No. 2025-91, § 8, 1-1-2026)
A board or commission may at any time go into an executive session from which the general public may be excluded by a vote of a majority of the members taken at a public meeting, at which session only those subjects shall be considered as are mentioned in the motion for the executive session. No matter shall be voted upon during an executive session.
The following subjects may be discussed in an executive session:
A. 
Matters, the immediate knowledge of which would adversely affect the finances of the government unit.
B. 
Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion.
C. 
Matters which by law, Municipal Charter or ordinance are required to be confidential.
(CAC 2.64.100)
No member of a board or commission may vote on any question in violation of chapter 1.15. No member shall represent any person before the board or commission of which he or she is a member.
(CAC 2.64.110; AO No. 85-56)
The municipal manager may appoint an employee of the municipality who shall be an ex officio member of a board or commission for the purpose of acting as secretary to the board or commission or to furnish the board or commission with technical advice and information if not so provided in the specific provisions pertaining to the board or commission. An ex officio member is not entitled to vote on any question to be determined by the board or commission nor is an ex officio member a member for the purpose of establishing a quorum of any board or commission. An ex officio member is not entitled to any compensation for his or her ex officio duties or services on any board or commission. Unless otherwise provided in the section establishing the board or commission, the municipal manager shall provide or designate any required staff for the board or commission.
(CAC 2.64.150; AO No. 99-153, § 1, 12-14-1999)
A. 
All boards and commissions established under this title, except for those mandated by the Charter or state law, or where specifically set forth in the board or commission enabling ordinance, shall terminate by operation of law every three years from the date set forth therein unless affirmatively continued by the assembly by ordinance.
B. 
All new boards and commissions shall sunset within three years of creation and shall be subject to the provisions of this section.
C. 
Prior to continuation or reestablishment of any board or commission, the assembly shall hold a public hearing.
(AO No. 80-119; AO No. 80-120; AO No. 81-4; AR No. 81-16; AO No. 82-30; AO No. 83-203; AO No. 83-204; AO No. 83-205; AO No. 83-206; AO No. 83-207; AO No. 83-208; AO No. 84-10(S); AO No. 85-109; AO No. 86-98; AO No. 86-213; AO No. 86-189(S); AO No. 86-212; AO No. 86-214; AO No. 87-26; AO No. 87-95; AO No. 88-159; AO No. 88-182; AO No. 89-11; AO No. 89-12; AO No. 89-55; AO No. 89-84; AO No. 89-87; AO No. 89-149; AO No. 89-150; AO No. 89-151; AO No. 89-152; AO No. 92-29(S); AO No. 92-30(S); AO No. 92-34; AO No. 92-46; AO No. 92-48; AO No. 92-64; AO No. 92-65; AO No. 92-101; AO No. 92-102; AO No. 93-3; AO No. 93-64(S); AO No. 93-214, § 1, 1-4-1994; AO No. 94-156, 8-23-1994; AO No. 94-159, 9-6-1994; AO No. 95-90, 4-11-1995; AO No. 95-91, 4-11-1995; AO No. 95-95, 4-26-1995; AO No. 95-96, 7-25-1995; AO No. 95-97, 8-22-1995; AO No. 95-98, 9-12-1995; AO No. 95-99, 9-12-1995; AO No. 95-153, 7-25-1995; AO No. 99-153, § 1, 12-14-1999; AO No. 2000-34, § 1, 3-21-2000; AO No. 2000-35, § 1, 4-18-2000; AO No. 2000-36, § 1, 4-18-2000; AO No. 2001-148, § 1, 8-28-2001; AO No. 2001-149, § 1, 8-28-2001; AO No. 2001-154, § 1, 9-25-2001; AO No. 2001-155, § 1, 9-25-2001; AO No. 2001-156, § 1, 9-25-2001; AO No. 2002-38, § 1, 4-9-2002; AO No. 2002-39, § 1, 4-9-2002; AO No. 2004-96, § 1, 6-8-2004; AO No. 2011-64(S-1), § 1, 6-28-2011)
A. 
All boards and commissions established under this title, and members thereof, shall be listed and named in an informational memoranda submitted to the assembly annually by the mayor at the first meeting during the month of October.
1. 
To the extent the information is voluntarily provided by appointed members, the informational memoranda shall include a summary of the composition, the aggregate, of all boards and commissions by gender, ethnic diversity, and disability.
(AO No. 2004-120, § 1, 9-21-2004; AO No. 2008-44, § 1, 6-10-2008)