Title
Removal of a Commission Member for Lack of Attendance
End
FileID
File ID: 2024-00807
End
Location
Location: Citywide
End
Recommendation
Recommendation: Pass a Motion removing Nicole Kangas from the Parks and Community Enrichment Commission for good cause.
End
Contact
Contact: Mindy Cuppy, MMC, City Clerk, (916) 808-5442, mcuppy@cityofsacramento.org, Office of the City Clerk
End
Presenter
Presenter: None.
End
Attachments
Attachments:
1-Description/Analysis
End
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.
End
PolicyConsiderations
Policy Considerations: This action is consistent with City Charter section 232 and City Code section 2.40.080.
End
EconomicImpacts
Economic Impacts: None.
End
EnvironmentalConsiderations
Environmental Considerations: None.
End
Sustainability
Sustainability: None.
End
Commission/Committee Action
Commission/Committee Action: None.
End
..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.
End
FinancialConsiderations
Financial Considerations: None.
End
LocalBusinessEnterprise
Local Business Enterprise (LBE): None.
End
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 Nicole Kangas’ term commenced on December 15, 2021. In the twelve-month period between March 1, 2023, and February 29, 2024, Commissioner Kangas has missed three meetings, in violation of Sacramento City Code 2.40.080:
• March 2, 2023
• May 4, 2023
• February 1, 2024
City Code 2.40.080 states that absence of a member from one-fourth (25%) 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 this twelve-month period, the Parks and Community Enrichment Commission held ten meetings. As such, Commissioner Kangas is in violation of City Code 2.40.080 as they have missed three of ten meetings in a twelve-month period, or 33%.
A letter advising Commissioner Kangas of disqualification from serving on the Sacramento Parks and Community Enrichment Commission was sent via email and US mail on March 21, 2024. The letter advised Commissioner Kangas that removal proceedings would be held at the 5:00 PM City Council meeting on April 2, 2024. Additionally, Commissioner Kangas 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 27, 2024, at 5:00 p.m. Commissioner Kangas acknowledged receipt of the letter on March 21, 2024, via email.
End