Ordinance No. 2009-231

3/12/2009

ORDINANCE NO. 2009- 231

AN ORDINANCE OF THE BOARD OF DIRECTORS

OF THE BEAR VALLEY COMMUNITY SERVICES DISTRICT

AMENDING SECTION 1-5-9.E OF THE BEAR VALLEY

COMMUNITY SERVICES DISTRICT MUNICIPAL CODE

CONCERNING CITIZENS’ COMMITTEES



WHEREAS, the committees of the Board of Directors may establish a citizens’ committee to assist with a specific issue; and

WHEREAS, Section 1-5-9.E. establishes guidelines to establishing a citizens committee; and

WHEREAS, citizens committees are subject to the Brown Act; and

WHEREAS, the Board of Directors desire to amend Section 1-5-9 prohibit a citizens committee from having a closed session under the Brown Act.

The Board of Directors of the Bear Valley Community Services District does ordain as follows:

SECTION 1. Section 1-5-9.E. of the Bear Valley Community Services District Ordinance Code is hereby amended as follows:

1-5-9 Citizens’ Committee: The members of any committee, may, from time to time, establish a citizens’ committee to assist with a specific issue. The following guidelines pertain to establishing such a committee:

It shall be the responsibility of the standing board committees to bring the proposed task, time frame, and citizen appointments to the full board for approval. (1999 Code)

Selection of citizen participants shall be unanimous, reached by the two (2) CSD board members of the particular standing committee with which the citizens’ group will work.

The opportunity to participate shall be publicized at the regular CSD board meetings and, when possible, in the local news media.

There will be no budget for the citizens’ committees, and should the need for funds arise, the request shall be made to the CSD board for consideration on the agenda of a regular meeting.

Each citizens’ committee shall exist for a specified period of time. There will be set forth a beginning date and an ending date for the committee.

All citizens’ committee meetings must be noticed with an agenda, and comply with all other requirements of the Brown Act. Citizens’ committees are not authorized to conduct any meetings in closed session. All members shall meet together as a full committee, and shall not divide into “subgroups” which meet separately.

The specific task of the committee and the time frame of the committee’s existence shall be set out in a letter to each member, and the member will be asked to acknowledge by his or her signature on a copy to be retained by the district that the committee’s task and beginning and ending dates, and the rules of the open meeting laws are understood and agreed to.

The number of citizens on any given committee should be five (5). Each committee shall have a specific time frame, task, and goals.

A staff member shall attend all meetings to take notes.

The board members shall select citizens from qualified volunteers who have submitted their application in writing to the standing committee.

Each committee’s only authority is to provide advice and make recommendations to the board consistent with the task assigned.



Section 2. Savings Clause. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Section. The Board of Directors hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, phrase, or any portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions are declared invalid or unconstitutional.

Section 3. Posting of Ordinance. A summary of this ordinance, approved by the District’s legal counsel and a certified copy of the full text of the proposed ordinance was posted in the office of the Secretary of the Board of Directors at least five (5) days prior to the Board of Directors meeting at which the proposed ordinance was to be adopted. A copy of the full text of this ordinance shall be on file in the Office of Secretary to the Board of Directors office on and after the date following introduction and passage and shall be available to any interested member of the public.

Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, a summary shall be published once with the names of the members voting for and against the same in the Tehachapi News, a newspaper of general circulation published in the County of Kern.

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I hereby certify that the foregoing ordinance was introduced at a regular meeting of the Board of Directors held on February 12, 2009, and PASSED and ADOPTED by the Board of Directors of the Bear Valley Community Services District, at a regular meeting held on March 12, 2009, by the following roll call vote:

AYES: KORDES, ROMANO, NORTHCUTT, ZANUTTO

NOES: SAMUELS

ABSENT: NONE

ABSTAIN: NONE

_________________________________

Don Kordes, President

Bear Valley Community Services District

ATTEST:

___________________________

Sandy Janzen, District Secretary

Bear Valley Community Services District

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