At the September 5, 2017 City Council Study Session the council discussed the difference in process for removal of a Commissioner found in Code of Conduct for City Council which was adopted in November 2014 and the Brea Municipal Code:
The Council furthered the discussion and requested a review of the process by seeing what other agencies are doing in this regard. The City Attorney at this meeting offered to gather information from their City clients to show the various options available for consideration.
Code of Conduct
• Inappropriate Behavior Can Lead to Removal
Inappropriate behavior by a commission, committee or board member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Council and the individual may be subject to removal from the commission, committee or board.
(Adopted November 2014)
Brea Municipal Code
§ 2.16.050 Removal of Commission Members.
Any member of any Commission may be removed without cause during such Commissioner's term of office by the affirmative vote of three (3) members of the City Council. In addition, a commission member may be removed by unilateral declaration of the Council member who nominated that Commissioner.
(Ord. 930, passed 12-15-1992)
Options for Consideration
If the City Council determines that a change should be made, the following actions can be considered.
1. Do nothing, keeping the current removal process of Commissioners found in the Brea Municipal Code. It would be up to the City Council, City Manager and City Attorney to be aware that the Council Code of Ethics suggests a removal process which suggests counseling for inappropriate behavior, but is not a binding or legal process.
2. In terms of removing a Commissioner, provide calcification and amend the Code of Conduct to reflect there is a removal process in the Brea Municipal Code. This modification does not change the current Brea Municipal Code and the ability for a Commissioner to be unilaterally removed.
Underline is added text
Inappropriate Behavior Can Lead to Removal
Inappropriate behavior by a commission, committee or board member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Council and the individual may be subject to removal from the commission, committee or board. In addition, Brea Municipal Code Section 2.16.050 also applies to members of the Planning Commission, the Parks, Recreation and Human Services Commission, and the Cultural Arts Commission. Any member of these Commissions may be removed by unilateral declaration of the Council member who nominated that Commissioner.
3. Amend the Brea Municipal Code in a manner that reflects examples found in other agencies. There are numerous examples and this is strictly a policy decision by the Council. Amending the Brea Municipal Code requires a new ordinance be written, a public hearing, two readings of the ordinance and following 30 days from the second reading the Brea Municipal Code is amended.
4. Other considerations as determined by the Council
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