Title
Removal of a Commission Member for Lack of Attendance
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FileID
File ID: 2024-01290
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Location
Location: Citywide
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Recommendation
Recommendation: Pass a Motion removing Jason Sample from the Sacramento Community Police Review Commission for good cause.
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Contact
Contact: Mindy Cuppy, MMC, City Clerk, (916) 808-5442, mcuppy@cityofsacramento.org, Office of the City Clerk
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Presenter
Presenter: None.
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Attachments
Attachments:
1-Description/Analysis
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Description/Analysis
IssueDetail
Issue Detail: Sacramento City Charter section 232 provides that a member of a board or commission may be removed during their term by City Council for good cause. Sacramento City Code 2.40.080 states that the failure of any member of any board or commission to attend three consecutive regular meetings, or absence from one-fourth of all meetings called pursuant to law in a twelve-month period, shall be deemed good cause for removal from office under the provisions of Section 232 of the Sacramento City Charter.
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PolicyConsiderations
Policy Considerations: This action is consistent with City Charter section 232 and City Code section 2.40.080.
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EconomicImpacts
Economic Impacts: None.
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EnvironmentalConsiderations
Environmental Considerations: None.
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Sustainability
Sustainability: None.
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Commission/CommitteeAction
Commission/Committee Action: None.
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RationaleforRecommendation
Rationale for Recommendation: It is essential that each member of a board or commission is fully committed to attendance at regularly scheduled meetings to ensure the ability of the board or commission to conduct business in a timely manner. The public’s trust in a member’s ability to serve on a board or commission is compromised when the member fails to comply with the vital requirement of attending scheduled meetings. Removing a member from their service on a City board or commission provides the City with the opportunity to appoint a member who is fully committed to their responsibilities.
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FinancialConsiderations
Financial Considerations: None.
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LocalBusinessEnterprise
Local Business Enterprise (LBE): None.
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Background
Background: City Charter section 232 provides:
For good cause, neglect of duty or misconduct in office, a member of a city board or commission who has been appointed for a specified term by the city council or by the mayor with the approval of the city council, may be removed from office during such term by the city council. Such member may be removed only after such member has been given a copy of the charges against such member at least ten days prior to a hearing to be held on the charges. At the hearing the member shall have an opportunity to be heard in person or by counsel.
Commissioner Jason Sample’s term commenced on March 28, 2023. In the twelve-month period between June 1, 2023, and May 31, 2024, Commissioner Sample has missed three meetings, in violation of Sacramento City Code 2.40.080:
• June 12, 2023
• February 12, 2024
• May 13, 2024
City Code 2.40.080 states that absence of a member from one-fourth of all meetings called pursuant to law in a twelve-month period shall be deemed good cause for removal from office under the provisions of Section 232 of the Sacramento City Charter. During the twelve-month period between June 1, 2023, and May 31, 2024, Commissioner Sample missed three meetings and attended eight scheduled meetings. The Sacramento Community Police Review Commission held eleven meetings in this twelve-month period. As such, Commissioner Sample is in violation of City Code 2.40.080 as this would be absence from three of eleven meetings, or approximately 27%.
A letter advising Commissioner Sample of disqualification from serving on the Sacramento Community Police Review Commission was sent via US Mail and email on June 13, 2024. The letter advised Commissioner Sample that removal proceedings would be held at the 5:00 PM City Council meeting on June 25, 2024. Additionally, Commissioner Sample was advised if they no longer wished to or were unable to serve on the commission to advise the Office of the City Clerk by June 19, 2024, at 5:00 p.m. Commissioner Sample acknowledged receipt of the letter on June 14, 2024.
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