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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. .......... o0o ........... Page 1 of 2 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. '~:~ ,~,;~ i~-'.', ~!!' ~:~I~ 6 :!5 ,.: ~,; ~;,~ ~.: 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