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HomeMy WebLinkAbout2015ORDINANCE NO. 2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 2.04.060 AND 2.06.010(e) REGARDING QUALIFICATIONS TO SERVE ON THE CITY'S APPOINTIVE BOARDS City Attorney's Summary This ordinance amends Sections 2.04.060 and 2.06.010(e) of the City's Municipal Code, authorizing residents of the State of California who live, work or go to school in the City of Palm Springs to serve on any of the City's appointive boards or commissions, regardless of actual or perceived United States citizenship, immigration status, 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, and also adds age as a protected category for such appointments. This ordinance implements California Government Code Section 1020, as recently amended by Senate Bill 225, and also conforms the City's process for appointment to its boards and commissions to the City's anti- discrimination in contracting provision. WHEREAS, Section 602 of the Palm Springs City Charter requires each member of the City's appointive boards and commissions to "be an elector of the City, unless otherwise provided by ordinance"; and WHEREAS, California Elections Code Section 321 defines an "elector" to be a United States Citizen 18 years of age or older and a resident of an election precinct in this State on or before the day of an election; and WHEREAS, Section 2.06.010 of Chapter 2.06 of the City of Palm Springs Municipal Code sets the general rules and qualifications for service on the City's various boards and commissions; and WHEREAS, Section 2.06.01 0(e) of the City of Palm Springs Municipal Code states as follows: "(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 and registered voters of the city, and no such member at or during such time shall be an employee of the city, nor a current applicant for city employment" Ordinance No. 2015 Page2 WHEREAS, California Elections Code Section 359 defines a "voter" to be "any elector who is registered to vote under this code." "Voters/registered voters" must therefore satisfy the requirements of "electors", including United States Citizenship; and WHEREAS, Section 2.04.060 of the City of Palm Springs Municipal Code likewise provides that "[E]ach member [of an appointive board or commission] shall be an elector of the city, unless otherwise provided by ordinance"; and WHEREAS, Senate Bill 225 (SB 225) was signed by Governor Newsom on October 12, 2019, and amends California Government Code Section 1020 to provide as follows: "(b) Notwithstanding any other law, a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state. (c) Notwithstanding any other law, a person appointed to civil office, regardless of citizenship or immigration status, may receive any form of compensation that the person is not otherwise prohibited from receiving pursuant to federal law, including, but not limited to, any stipend, grant, or reimbursement of personal expenses that is associated with carrying out the duties of that office."; and WHEREAS, according to SB 225's sponsor, the Coalition for Humane Immigrant Rights (CHIRLA), SB 225 will "ensure that all qualified Californians, regardless of immigration status, may serve on state and local boards and commissions"; and WHEREAS, according to CHIRLA, the exclusion of immigrants, including undocumented immigrants, from appointive boards and commissions is contrary to "California's democratic values of equal representation"; and WHEREAS, the City Council therefore desires to amend Sections 2.04.060 and 2.06.010(e) of the Palm Springs Municipal Code to authorize all residents of the State who live, work or go to school in the City of Palm Springs to participate on the City's appointive boards and commissions, regardless of United States citizenship or immigration status; and WHEREAS, the City has adopted a non-discrimination in contracting ordinance, which provides that all contracts with the City shall include provisions prohibiting discrimination on the basis of actual or perceived 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; and WHEREAS, the City Council wishes to ensure that candidates for its appointive Boards and Commissions are similarly protected against possible discrimination in the appointment process, based on those same categories; and Ordinance No. 2015 Page3 WHEREAS, the City Council values diversity, inclusion and equal representation on the City's appointive boards and commissions and thereby wishes to amend the City's Municipal Code in order to remove the barriers of immigration status and discrimination in the appointment process; and WHEREAS, adoption of an ordinance amending Sections 2.04.060 and 2.06.010(e) of the Municipal Code will address these issues for purposes of both the Municipal Code and the City Charter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance. SECTION 2. Code Amendment. Section 2.04.060 of the Palm Springs Municipal Code is hereby amended to read as follows: "2.04.060 Commission appointments. The members of each city board or commission shall be appointed by motion of the city council, adopted by at least three affirmative votes. Nominations for appointment to a city board or commission shall be made by the mayor or any other member of the city council at a public meeting. Each member shall be a bona fide resident of the State, unless otherwise provided by ordinance. 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 twenty percent (20%) of a business that is physically located within the City. In the event the City Council determines that it is necessary or convenient to appoint a board/commission member possessing unique knowledge, skill or experience, the City Council may, in its sole discretion, appoint one or more board/commission member(s), notwithstanding the fact that such candidate(s) do(es) not live, work or go to school within the City of Palm Springs. Notice of the availability of a position for appointment shall be posted in three public places at least ten days before the appointment and the city council may, by resolution, adopt additional procedures to receive and consider applicants for city boards and commissions. No member of a city board or commission shall hold any paid office or employment in the city government. They shall serve at the pleasure of the city council and shall be subject to removal by motion of the city council, adopted by at least three affirmative votes. The members thereof shall serve for a term of three years, unless the city council by ordinance or resolution establishes a different term, and until their respective successors are appointed and qualified." Ordinance No. 2015 Page4 SECTION 3. Code Amendment. Section 2.06.01 0(e) of the Palm Springs Municipal Code is hereby amended to read as follows: "2.06.010 General rules regarding appointments, terms, vacancies. *** (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 twenty percent (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. ***" SECTION 4. Effective Date. This ordinance shall become effective 30 days after its adoption. SECTION 5. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law. SECTION 6. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Ordinance No. 2015 Pages PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 3QTH DAY OF JANUARY, 2020. GEOF~ MAYOR CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. 2015 is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the 9th day of January, 2020, and adopted at a regular meeting of the City Council held on the 30th day of January, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors None None None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this I(~ day of ,::e ln ,ud':::'.'.' , 2020. '