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HomeMy WebLinkAbout06/21/2005, C11 - AMENDMENT OF THE HUMAN RELATIONS COMMISSION BY-LAWS C, O council M j, acEnaa aEpont CITY OF SAN LUIS OBISPO FROM: Monica Irons, Director of Human Resources A Prepared By: Mary Kopecky, Human Resources Administrative Assistant SUBJECT: AMENDMENT OF THE HUMAN RELATIONS COMMISSION BY-LAWS CAO RECOMMENDATION As recommended by the Human Relations Commission (HRC), adopt a resolution amending the by-laws of the HRC by moving appointment dates from October ls` to April 1st to coincide with all the other City advisory bodies, 'and extending the terms of the three commissioners whose terms expire September 30, 2005 to March 31, 2006. DISCUSSION On May 4, 2005 the HRC conducted their biannual by-law review. Discussion centered on HRC tern appointment dates. Currently the HRC terms expire September 30`h with new terms beginning October 0. Originally HRC terms coincided with all other advisory bodies with new appointees beginning April I". In 1999, the HRC amended its by-laws changing the appointment date from April Ist to October l'`. to allow new appointees to start at the beginning of the Grants In Aid cycle thus facilitating the Grants In Aid process. The thinking was commissioners appointed in the middle of the Grants In Aid cycle would be at a disadvantage, however, this has not been the case. For instance, the most recent HRC appointment, filled an unexpired term, and was made on April 1, 2005. Staff briefed the new commissioner regarding the Grants In Aid process prior to his first meeting. During the HRC by-law discussion the new commissioner stated he was not disadvantaged by beginning in the middle of the Grants In Aid process. The Office of the City Clerk conducts City-wide advisory body recruitments beginning in January with new appointments made April Vt. Currently the Office of the City Clerk must conduct a separate recruitment for the HRC beginning in July with new appointments made October IS`. The HRC voted 6:0 to recommend an amendment of the by-laws to coordinate future HRC recruitments and appointments with all other City advisory bodies as this is much more efficient. Additionally, the HRC voted to recommend extension of the terms for the three commissioners whose terms expire in September 30, 2005 to March 31, 2006. The HRC further voted to change the term expiration dates for the other HRC commissioners to coincide with other advisory bodies. This proposal does not impact Commission members' ability to serve a second full four-year term if they are eligible. I Amendment of HRC By-Laws Page 2 FISCAL IMPACT Moving the appointment date results in cost savings because the Office of the City Clerk will not need to run additional separate display advertisements. ALTERNATIVES Council could elect to leave the HRC by-laws as they are, however, since there is no benefit, staff does not recommend this as a viable alternative. Attachments 1. Resolution 2. By-laws 3. Draft HRC May 4, 2005 Minutes GAagenda reports\HRC By Law Update 2005.doc //—Z I Attachment 1 RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE HUMAN RELATIONS COMMISSION (HRC)BY LAWS WHEREAS, the HRC reviewed its by laws on May 4, 2005; and WHEREAS, the HRC determined having commissioners' terms commence on October 1 to facilitate the Grants In Aid cycle is unnecessary; and WHEREAS,the HRC concluded it is more efficient to coordinate the HRC recruitment schedule with all other City advisory bodies' recruitment schedules; and WHEREAS,the HRC recommended extension of the terms of three commissioners whose terms are to expire on September 30, 2005 to March 31, 2006; and WHEREAS,the HRC recommended changing the term expiration dates for the other HRC commissioners to coincide with the other advisory bodies; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the by laws of the HRC be amended to reflect the following: SECTION 1. Amend ARTICLE 2. TERMS OF OFFICE to read as follows: Commissioners shall be appointed by the City Council for tems of four(4) years, commencing on April 1 st. Commissioners shall serve at the pleasure of the City Council. Any Commissioner may be reappointed,provided that no appointee shall serve more than (2) consecutive terms (8 years). SECTION 2. The three commissioners whose terms are to expire on September 30, 2005, are hereby extended to March 31, 2006. SECTION 3. The term expiration dates for the remaining HRC commissioners are hereby modified to coincide with the terms of other City advisory bodies. Upon motion of , seconded by. and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 21st day of June, 2005 Cis 3 0 0 Resolution Number (2005 Series) Page 2 Mayor David Romero ATTEST: Audrey Hooper-, City Clerk APPROVED AS TO FORM: Jon well; City Attorney GARESOLUTIONS AND ORDINANCES\HRC By Law Changes 2005.doc GI- y UAttachment 2 BYLAWS HUMAN RELATIONS COMMISSION CITY OF SAN LUIS OBISPO ARTICLE 1. PURPOSE It is the purpose of the Human Relations Commission to advise the Council in its actions to create an environment within the city in which all persons can enjoy equal rights and opportunities regardless of race, religion, sex, sexual orientation, national origin, age, physical, mental or economic status. The Human Relations Commission shall make recommendations to the City Council or the City Administrative Officer on how these social concerns and human needs can best be addressed. ARTICLE 2. TERMS OF OFFICE Commissioners shall be appointed by the City Council for terms of four (4) years, commencing on Geteher- 1 A�np •1 lstt Commissioners shall serve at the pleasure of the City Council. Any Commissioner may be reappointed, provided that no appointee shall serve more than two (2) consecutive terms (8 years). ARTICLE 3. MEETINGS A The Commission shall hold a regular meeting each month but not less than ten (10) times a year. B Regular meetings will be held generally on the first Wednesday of the month at a specified time and place. C The Commission meetings shall be open to the public and shall be held at City Hall in the Council Hearing Room or other previously announced locations at specific times as required by California law. D A quorum shall consist of a majority of the Commissioners currently serving. E All actions of the Commission shall be decided by a majority vote or consensus and shall be directed through the Commission Chair. F Minutes of each meeting shall be forwarded to the City Council and be available as a public record. G The Chairperson or any three members of the Commission may call a special meeting providing a week's prior notice is given in writing to each member. eir- s' H All Commission meetings shall be conducted according to Robert's Rules of Order. I All members present must vote, except when abstaining due to a declared conflict of interest. J Any member with a declared conflict of interest shall not vote on or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 4. SUBCONUAITTEES Subcommittees consisting of less than a quorum of the Commission shall be appointed, as needed, by the Chairperson. Study committees may include non-commission members who shall have no voting power. ARTICLE 5. OFFICERS A The officers shall be a Chairperson and a Vice-Chairperson who shall be elected at the Commission meeting in April for one-year terms. B The Chairperson shall preside over all meetings of the Commission, prepare all meeting agendas and perform such duties as directed by the Commission. C The Vice-Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 6. WORKPLAN The Commission shall develop a workplan on an annual basis. The workplan shall be a description of the activities that will be undertaken in order to meet the goals and objectives of the Commission. ARTICLE 7. AMENDMENTS By law amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the Commission, provided that such amendments shall have been discussed by the Commission on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments in writing at least ten (10) days prior to the first reading. GAHaman Relations Commission\Bylaws\2005 by-lawrev.6-05.doc C 11—� Attachment 3 Human Relations Commission Minutes May 4, 2005 Page 5 Commissioner Wolff— C ild Care Resource Connection, all EOC affiliates, Forty Wonderful, ospice of SLO County, Senior Health Screening, Senior Nutrition gram of San Luis Obispo County, and Teen Academic Program. BUSINESS ITEMS (CONTINUED) Item 3. UPDATE ON ADULT SERVIC S_POLICY COUNCIL. (WOLFF) Commissioner Wolf presented highlights f the Adult Services Policy Council meeting. He reported a surrey of 58 counties was c nducted with 25 counties responding. All responding counties reported that they had o adult home care provider licensing ordinances in place. There was also discussi n regarding updating the existing care givers' handbook, starting a skilled registry, wo ing with Cuesta College and linking care provider employment to a career ladder. ommissioner Wolff reported he talked with Police Chief Linden and learned the SLO ity Police Department had no funding available to finance any adult home care provi er licensing program. He urged the HRC to step back from this issue at this time, s it should be addressed by a higher agency. Commissioners agreed by consensus. Item 4. BI-ANNUAL HRC BY LAW UPDATE. (NICHOLS) Chairperson Nichols noted that the HRC appointment date did not coincide with all other City Advisory Body appointment dates, and therefore the HRC Chairperson's and HRC Vice Chairperson's appointed terms could be extremely short. She suggested changing the Chairperson's and Vice Chairperson's appointment dates or simply moving the HRC appointment date to coincide with all the other City Advisory Bodies. Discussion ensued regarding the pros and cons of HRC Commissioners beginning appointments in the middle or at the end of the Grants In Aid cycle. Commissioner Sant reported his appointment began on April 1, 2005 in the middle of the Grants In Aid cycle. He simply reviewed the Grants In Aid materials prior to his first meeting, conversed briefly with staff, and felt very comfortable participating in the discussion. G:\Hutnan Relations CommissionWinutes\200SWay 4,2005 minutes.doc ei�--7 C C Human Relations Commission Minutes May 4, 2005 Page 6 Additionally Chairperson Nichols noted bringing the HRC appointment dates in sync with all the other City Advisory Bodies would be much more efficient for City Clerk staff charged with Advisory Body recruitment. ACTION: Moved by Wheeler/Sant to amend the HRC by law appointment date to April 1st and extend the terms of three commissioners whose terms are to expire on September 30, 2005 to March 31, 2005 motion carried 6:0. Item 5. REVIEW OF MARDI SURVEILLANCE. (IRONS) Director of Human Reso es Iron presented a comprehensive review of City philosophy behind the use of camer at Mardi Gras. She noted the primary driver for the use of cameras was to monitor affic flow. The cameras used at Mardi Gras were no different from cameras used in ther parts of the City. The cameras were strategically placed where large cr wds during past Mardi Gras weekends. She stressed the importance of keeping a crowds moving and getting officers out in the field proactively instead of waiting to a call. She defined the legal stand point regarding camera use stipulated camera could be used where there was no "reasonable expectation of privacy" and ci d several examples. Chairperson Nichols commented that w ile this clarified the issue, it did not address the HRC concem and reflected a change of tenor in the community. .Director of Human Resources Irons r sponded Mardi Gras itself reflected a change in tenor. The strategy was intended to et a different tone; the use of cameras was only one aspect. She noted a special coon I meeting to be held May 31, 2005 would do a thorough recap of Mardi Gras. She urg d HRC members to attend. Commissioner Wolff understood the pri ry purpose was to record traffic. However, he expressed concern the images could be ound for years and might be used for different purposes such as focusing on stude is in housing. Director of Human Resources Irons resto ed the cameras were fixed. She further reiterated the City did not have the right to fil residents on private property as citizens had the right to expect privacy on their own p operty. Commissioner Wolff retorted if the City was oing to spy then the City wouldn't respect citizens' rights. Director of Human Resources Irons asked wh ther the HRC was concerned the City was planning to enter into those activities. G:liuman Relations CommissionWinutes\2005Way 4,2005 minutes.doc