Title
Removal of a Commission Member for Lack of Attendance
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FileID
File ID: 2024-00663
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Location
Location: Citywide
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Recommendation
Recommendation: Pass a Motion removing Anthony Orozco, Jr. from the Sacramento Youth 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.
Policy Considerations: This action is consistent with City Charter section 232 and City Code section 2.40.080.
Economic Impacts: None.
Environmental Considerations: None.
Sustainability: None.
Commission/Committee Action: None.
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.
Financial Considerations: None.
Local Business Enterprise (LBE): None.
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 Anthony Orozco, Jr.’s term commenced on June 13, 2023. Since appointment, Commissioner Orozco has missed five meetings, including four consecutive meetings, in violation of Sacramento City Code 2.40.080:
• August 7, 2023
• November 6, 2023
• December 4, 2023
• February 5, 2024
• March 4, 2024
City Code 2.40.080 states that failure of any member of any board or commission to attend three consecutive regular meetings shall be deemed good cause for removal from office under the provisions of Section 232 of the Sacramento City Charter. The Sacramento Youth Commission held consecutive regular meetings on November 6, 2023; December 4, 2023; February 5, 2024, and March 4, 2024. No meeting of the commission was held in January 2024. Commissioner Orozco was absent from each of these meetings. As such, Commissioner Orozco is in violation of City Code 2.40.080 for absence four consecutive regular meetings.
Additionally, 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 their term they have missed five meetings and attended one regularly scheduled meeting. The Sacramento Youth Commission holds approximately nine meetings in a twelve-month period. If Commissioner Orozco attended all scheduled meetings for the remainder of their first full year on the Commission, they would still be in violation of City Code 2.40.080 as this would be absence from five of nine meetings, or approximately 55%.
A letter advising Commissioner Orozco of disqualification from serving on the Sacramento Youth Commission was sent via email on March 7, 2024, and via US mail on March 8, 2024. The letter advised Commissioner Orozco that removal proceedings would be held at the 5:00 PM City Council meeting on March 19, 2024. Additionally, Commissioner Orozco 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 March 13, 2024, at 5:00 p.m. Commissioner Orozco has not acknowledged receipt of the letter.
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