HomeMy WebLinkAboutRES NO 74-99 "'4'99 '
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AUTHORIZING THE
MAYOR TO SIGN AMENDED BY-LAWS FOR
THE KERN COUNTY ASSOCIATION OF
CITIES
WHEREAS, the Kern County Association of Cities (hereinafter "Association") has
been established to provide for, among other things, the appointment by the Association
of its members to serve on various advisory boards; and
WHEREAS, the Association desires to amend its by-taws to promote unified action
by Kern County cities in municipal activities involving city-county, city-state, and city-federal
relations; and
WHEREAS, the Association desires to encourage the active and fair participation
of all cities on all committees, boards and commissions to which the Association makes
appointments and to encourage the City Selection Committee, authorized pursuant to
Government Code section 50270 et seq., to follow these guidelines in making such
appointments; and
WHEREAS, the Association desires to amend its by-laws to provide for election of
officers and appointments consistent with the November consolidated election of officials;
and
WHEREAS, the amended by-laws will provide for changing the Association
assessment structure which will benefit the City of Bakersfield; and
WHEREAS, the Association desires to amend the by-laws to provide for regular
audits.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
The Mayor of the City of Bakersfield is hereby authorized to sign the amended by-
laws of the Association as said amended by-taws are set forth in Exhibit "A" attached
hereto and made a part hereof by this reference.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on JUN 1.. 6 1999, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER NO E
COUNCILMEMBER N<3 ~-r~.'
COUNCILMEMBER k/~t~E
n x ~
of the
APPROVED
i"
B!
MAYOR of Bakersfield
APPROVED as to form:
BART J. THILTGEN, City Attorney
By:
CARL HERNANDEZ III
Assistant City Attorney
CH:lsc
S:\COUNCIL\Resos\KCACbylaws.wpd
Page 2 of 2
EXHIBIT"
KERN COUNTY
ASSOCIATION OF CITIES
By-Laws
Revised April 29, 1999
KCAC MISSION STATEMENT
The KCAC is focused on furthering the financial, economic and political power of Kern
County Cities. This increased power will be fostered through mutual and individual
concerns being expressed to individuals and organizations that affect change. KCAC will
focus on gaining consent of its members in order to form a cohesive voice in Kern
County and the State.
ARTICLE I - NAME
Section 1. The incorporated cities of Kern County, hereby form the "Kern
County Association of Cities, Inc.", hereinaf~er referred to as the "KCAC".
ARTICLE II - PURPOSE
Section I. The KCAC is formed to:
a,
;Develop and maintain cooperation and understanding in matters of
~mutual interest.
Assemble information to help in the solution of mutual problems.
;Promote legislation beneficial to the member cities.
Promote unified action by the member cities in municipal activities
with city-county, city-state, and city-federal relations.
To encourage active hnd fair participation of all cities on all
committees, boards and commissions to which this organization
makes appointments and to encourage the City Selection
Committee to follow these guidelines in their appointments. (see
item d. above)
ARTICLE III- COUNTY - CITY
Section 1. The KCAC hereby approves the following statement of basic
principles:
a®
Issues which support the interests of any member city and which
do not negatively affect any other member city deserve the unified
support of all member cities.
ARTICLE IV - MEMBERSHIP
Section 1. Membership of the KCAC shall consist of elected public officers of
the incorporated cities.
Section 2.
All regular meetings shall be open to the public.
ARTICLE V VOTING
Section 1. Each city duly represented at meetings shall have one authorized vote
as determined in advance by a majority vote of the city's council.
Section 2. Voting representation of a majority of all member cities shall
constitute a quorum for the transaction of all business of the KCAC except as
otherwise provided herein.
Section 3. Notification of all meetings at which potential votes will be taken shall
be sent to all member cities at least 2 weeks before such meetings are conducted.
Section 4. Except as provided herein, or by a vote of two thirds of the member
cities, Kobert's Kules of Order shall constitute the parliamentary authority.
ARTICLE VI - ORGANIZATION
Section 1. The City wherein each meeting is held shall act as Host and Program
Chair. The designated officer of such city will act as chair and shall select
someone to lead the flag salute and the invocation. His duties are to plan the
program for the meeting, supervise the preparation of the notice of the meeting
and preside over the program portion of the meeting which will follow the
business portion of the meeting.
Section 2. The President of the Association shall appoint a Secretary/Treasurer
for his/her term of office. The duties of the Secretary/Treasurer are to publish a
notice of the meeting at least two weeks in advance of the meeting, record the
minutes, mall out copies of the minutes and perform other duties as required.
Section 3. There shall be President and Vice President of the KCAC elected by a
fifty percent (50%) plus one vote of the membership, who shall serve for two
years commencing in even numbered years at the meeting following certification
of the November election by the County Clerk, Elections Division. The
President's duties are to plan the business portion of the meeting, supervise
preparation of the business agenda of the meeting, preside over the business
portion of the meeting, and sign correspondence authorized and directed by
KCAC, and represent KCAC at various meetings, functions and with other
government agencies.
Section 4. An Executive Committee shall meet bi-monthly, in months alternating
with the regular meeting.
Section 5. Ad hoc committees may be authorized by the Executive committee or
the President. When so authorized, such committees shall perform such functions
as are specifically assigned them and report their findings and/or
recommendations to both the Executive committee and to the next meeting of the
membership.
ARTICLE VII - EXECUTIVE COMMITTEE
Section 1. The Executive Committee shall, subject to approval of KCAC,
conduct the business of the KCAC and submit to any general meeting of the
membership for approval or rejection, any proposition it may initiate.
Section 2. The Executive Committee of KCAC shall be the President, Vice
President, Secretary/Treasurer, Immediate Past President, and the mayor of each
city or his/her designee.
Section 3. Votes of the Executive Committee will be determined by a majority of
all Executive Committee members present and voting, excluding the President
unless there is a tie. In case of a tie, the President shall cast a vote breaking the tie.
ARTICLE VIII - TERMS AND ELECTION OF OFFICERS
Section 1. The elective officers of the KCAC shall be President and Vice
President both of whom shall serve for a period of two years or until their
successors are elected. The term of office may not exceed two consecutive terms.
The Secretary/Treasurer shall be appointed by the KCAC President and the term
of office for the Secretary/Treasurer shall run concurrently with that of the KCAC
President making such appointment.
Eligibility to hold office other than Secretary/Treasurer in the KCAC shall be
limited to elected officials of any member municipality.
Section 2. Election of officers ofth~ association shall be every two years.
Section 3. The term of office of all said newly elected officers, shall commence
immediately upon election. In the event of a vacancy, an elective office shall be
filled by election at the next regular meeting of the KCAC. The fact that such a
vacancy will be so filled shall be included in the notice of such meeting. In the
event that the vacancy is that of the President, the Vice President shall assume the
duties of the President until a proper election may be held.
Section 4. The KCAC President shall appoint a Nominating Committee,
consisting of not less than three (3) member cities, at the KCAC meeting
preceding the meeting at which officers will be elected. This Committee will
present its report to the membership representatives at the subsequent meeting
when nominations for office are in order. No ballot solely based on the report of
the Nominating Committee shall be taken until such time as full opportunity has
been afforded all members present to place in nomination from the floor
additional candidates for any office of the Association.
Each elected officer must receive a ~f[y percent (50%) plus one vote of KCAC
members present and voting. Runoff elections between the two highest vote-
getters will be conducted if no one candidate receives a majority.
4
Should the first ballot of the KCAC member' s result in a tie vote between two
candidates, the President shall cast a vote with the second ballot in order to
prevent a tie vote from occurring again.
ARTICLE IX- DUTIES OF OFFICERS
Section 1. The President shall preside at the meetings of the Executive
Committee and at membership meetings, and perform such other duties as
ordinarily pertain to the office of President of similar organizations. The
President shall make an appointment to Ad Hoc committees as needed, subject to
the approval of Executive Committee. He shall be the official spokesperson of the
organization.
Section 2. The Vice President shall act in the place and stead of the President
during the President's absence or inability to act. If none of the above named
officers are present, a President Pro-Tem shall be elected for the meeting by
voting participants.
Section 3. The Secretary/Treasurer of the KCAC shall keep an accurate record of
the membership of the KCAC and its Executive Committee, and of the business
transacted at all meetings of the KCAC and of the Executive Committee, and shall
perform such other duties as may be assigned by the Executive Committee or the
President. The Secretary/Treasurer shall record the minutes of all meetings of the
KCAC The Secretary/Treasurer shall also prepare and mail all notices of the
meetings to all KCAC member cities. If the Secretary/Treasurer is absent from a
meeting, the President or Acting President shall appoint a Secretary/Treasurer
Pro-Tem.
ARTICLE X - REPRESENTATIVES TO EXTERNAL BOARDS
Section 1. The President shall make recommendations to the Executive
Committee and General Membership for persons who will serve on external
boards for KCAC Example: The Kern County Economic Development
Corporation, the Solid Waste Management Advisory Committee (SWMAC), the
Emergency Medical Care Advisory Board (EMCAB), and any other external
boards having KCAC membership.
Section 2. The membership at large will vote on the recommendations of the
Executive Board at the meeting following certification of the November election
by the County Clerk, Elections Division.
Section 3. Term of office for members who have been elected to serve on
external boards will be two years minimum and no more than four years. It is
intended that KCAC member cities will rotate these responsibilities among
member cities so that all have an opportunity to be directly represented over time.
The KDEC representative will be filled by a city in eastem Kern County in odd
numbered years and by a representative from the valley portion of the county in
even numbered years.
Section 4. Persons elected to represent the KCAC on such external boards as
KEDC, Solid Waste Management Advisory Committee (SWMAC), Emergency
Medical care Advisory committee 0iMCAB), etc. will represent all cities on an
equal basis and will regularly communicate pertinent information to all cities
during the interim between KCAC meetings and will make a formal report on the
activities of the external board at each KCAC regular business meeting. Failure to
fulfill any of these obligations will be grounds for removal, subject to a majority
vote of the general membership.
If a representative finds the duties are overwhelming, he or she may resign and be
replaced by another representative from the same city or, if the city declines, the
selection procedure will be reinstated as per Section 1 and 2 of this Article for the
duration of the current term.
ARTICLE XI- MEETINGS
Section 1. Regular meetings of the KCAC shall be held every other month at a
member city in an alphabetical rotation. Such time and location as may be
prescribed by vote of the members at a previous meeting.
Section 2. Special meetings may be called upon request of a majority of the
member cities to the Secretary/Treasurer of the KCAC. All regular and special
meetings are to be noticed to each member city not later than two weeks before
meeting date.
Section 3. emergency meetings may be called subject to the agreement of a
majority of member cities on a 24-hour notice.
ARTICLE XII - ASSESSMENTS
Section 1. Annual assessments of operational expenses shall be made for each
member city whenever the balance drops below $1000. The organization may
authorize this assessment by a resolution of the majority of the members for a
specific purpose and noticed to all member cities one month in advance of the
meeting at which the vote may be taken.
0- 5,000 = $ 50
5,001 - 10,000 = $100
10,001-20,000 = $150
20,001 - 30,000 = $200
30,001 - 100,000 = $250
100,001+ = $300
A budget will be developed annually by the executive committee, subject to the
approval of the majority of the membership.
ARTICLE XIII - EXPENDITURES OF FUNDS
Section 1. No monies from the annual assessment shall be expended unless
authorized by a majority vote of member cities at a properly noticed regular or
special meeting.
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Section 2. Fund authorizations for meals and travel at the direction of KCAC
shall be allowed when the member is representing KCAC. No KCAC funds will
be authorized for alcoholic beverages.
Section 3. Usual expenses for mail and phone communications to notify member
cities of meetings will be authorized without prior approval.
Section 4. An audit will be performed on all KCAC expenditures every other
year (at the end of each term of office of the President) and will be presented to
the general membership of the organization in October of even numbered years.
ARTICLE XIV - AMENDMENTS
Section 1. These by-laws may be mended by a 2/3-majority vote of the member
cities. A proposed amendment or amendments may not be finally acted upon
unless the whole membership shall have been given written notice thereof by mail
at least two (2) weeks prior to the date of the meeting at which final action is to
be taken. Suspension of the By-Laws may be enacted by procedures outlined in
Koben's Rules of Order, Revised.
APPROVED by-laws this __
day of ,1999
Jess Ortiz, Mayor of the City of Arvin
Bob Price, Mayor of the City of Bakersfield
Larry Adams, Mayor of the City of California City
Napoleon R. Madrid, Mayor of the City of Delano
Aileen Throop, Mayor of the City of Maricopa
Ruben Garza, Jr., Mayor of the City of McFarland
7
Donna Darnell, Mayor of the City of Ridgecrest
Garry Nelson, Mayor of the City of Shafter
William Baker, Mayor of the City of Taft
John H.E. Rombouts, Mayor of the City of Tehachapi
Paul Neufeld., Mayor of the City of Wasco