HomeMy WebLinkAbout05/02/1995, 6 - COUNCIL DELEGATE VOTING PROCEDURES yp��pp�� IIII1111
I� 12 MEETINGon Ae DATE:
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uU COUNCIL AGENDA REPORT
.FROM: Diane R. Gladwell, City Clerk C
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SUBJECT: Council Delegate Voting Procedures
RECOMMENDATION: 1) Review adopted policies regarding Council delegate
voting procedures; and
2) If desired, adopt any changes to policies and procedures;
and
3) Direct staff to process Whale Rock Commission
Agendas consistent with procedures to other regional
agencies.
DISCUSSION:
At the March 7th meeting, the Council directed staff to bring back a discussion of the
process by which Council representatives vote on regional bodies. Procedures have been
developed by the Council over many years, and are adopted in the Council Policies and
Procedures Manual and the Advisory Body Handbook.
Although the current policy does not segregate "regional" boards and commissions from
those that are wholly within the jurisdiction of the City, the same procedures have been
utilized for all advisory bodies.
In December of each year, the Mayor and Vice Mayor recommend to the full Council
appointments of delegates to regional boards as well as liaison subcommittees to various
advisory bodies. There is a clear rotation policy, ensuring an opportunity for each member
to serve as liaison at least once on each advisory body, when possible. The Council amends
the recommendations as desired, then adopts the appointments. (CP&P 565.2)
There are no specific provisions for voting on regional boards. Past practice dictates that
the Council delegate takes actions that, in their opinion, best represent the interests of the
City as a whole. If the delegate is aware of a controversial issue that is going to be voted
on, the delegate could place the item on the Council's agenda to obtain direction from the
Council as a whole.
During the drought, Council directed the Whale Rock Commission agendas be placed on
the Council agenda for consideration. Because this particular crisis is past, we are
recommending we now treat this agency consistent with all other regional boards.
6-/
Past difficulties include:
1) Logistics. Most agencies issue their agendas three days before the meeting, or
mail the agendas to the voting delegate. Because the Brown Act requires the
Council post the agenda at least 72 hours in advance of a discussion of the issue, this
requirement often does not allow the delegate an opportunity to obtain Council
direction prior to voting.
2) Policy differences. Council Members have different positions on issues, and do
not always support the position of the Council delegate.
3) Complexity of Issues. Delegates are provided with background information and
facts not available to every Council Member. This may cause a lack of
understanding about the delegate's position to other Council Members not aware of
all the information or implications about complex issues.
ALTERNATIVES:
1) Continue with the current policies and procedures.
2) Provide a new section of the Council Policies and Procedures Manual:
§6.1.5 REGIONAL BOARDS AND COMMISSIONS
Council Members serving as delegates to regional boards and commissions
should represent the positions of the Council as whole. If the Council has not
taken a position on an issue that will have significant impact on the City
and/or the City's relationship with outside agencies, the delegate should place
the issue on the agenda for discussion and to obtain Council input.
If there is not enough time to comply with Brown Act notification
requirements, the delegate may:
•Ask the regional agency to postpone action
.Abstain from voting
•Take a position, then inform the Council of action taken at
the next meeting of the City Council
*Call a special meeting of the City Council
FISCAL EWPACT: None
ATTACHMENTS: Council Policies and Procedures, S6.5 and S6.6
Council Policies & Procedures Chapter 6• Advisory Body Procedures
6.4 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory bodies do not
have supervisory authority over City employees. While they may work closely with advisory
bodies, staff members remain responsible to their immediate supervisors and ultimately to
the CAO and Council. The members are responsible for the functibns of the advisory body
and the chairperson is responsible for committee compliance with the policies outlined in
the Advisory Body Handbook. (ABH 5 II,D)
Staff support includes preparation of a summary agenda after approval by the Chairperson,
and preparation of agenda reports providing a brief background of the issue, a list of
alternatives, recommendations, and appropriate backup material, if necessary. Advisory
body members, should have sufficient information to reach decisions based upon a clear
explanation of the issues. The assigned staff person serves as Secretary, taking minutes as
needed. (ABH 5 II,D)
It is important that advisory bodies wishing to communicate recommendations to the City
Council do so through adopted or approved Council agenda procedures. .Staff members
shall assist the advising body Chair to insure appropriate legal review or City and State
legislation is complied with. (ABH § II,D)
6.5 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to appointment
of volunteer citizens to the various advisory bodies of the City.
6.5.1 PURPOSE
The establishment of these procedures shall insure that well qualified, responsible and
willing citizens are given the opportunity to serve the City and participate in the
governing of their community. These procedures will apply to all appointments and
reappointments to standing advisory bodies. (Prior CP&P S 2.40.010)
6.5.2 COUNCIL SUBCOMMITTEE LIAISONS
Subcommittee liaisons to advisory bodies are selected annually by the full Council,
usually in December. The Mayor and Vice Mayor shall submit recommendations to
the full Council, rotating nominations for Council Member Subcommittees, thereby
ensuring an opportunity for each member to serve as liaison at least once on each
advisory body,when possible. When terms of office do not allow each member to serve
once, members with greatest seniority shall have first right of selection. (ABH S
III,C,6)
page 30
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Council Policies & Procedures Chanter 6• Advisory Body Procedures
6.6 PROCESS
6.6.1 QUALIFICATIONS
6.6.1.1 The applicant must be a resident and registered voter of the City at
the time and during the entire term of appointment,unless excepted
by State law or special circumstances such as deed restrictions.
(ABH S M,C)
6.6.12 The applicant must be at least 18 years of age at the time of
appointment. (ABH S III,C)
6.6.2 TERMS
6.62.1 Shall be four years and shall commence on April 1, (ABH S III,D)
and be staggered so that approximately half of the membership will
be new appointments or reappointments every two years. (Prior
CP&P § 2.40.010)
6.62.2 No appointee shall serve on the same advisory body for more than
two consecutive,full terms (eight years),but may subsequently serve
on another advisory body unless noted,otherwise. Some exceptions
include: The Housing Authority, Jack House Committee and Tree
Committee. (ABH 5 III,D)
6.6.23 After a one-year interval, persons may reapply to serve on the same
advisory body.
6.6.2.4 Mid-term appointment to a vacant seat shall not preclude the
appointee from serving two additional consecutive full terms,
provided that the initial, partial term served is less than one year.
(ABH § III,D)
6.625 Other Advisory Bodies. As a general policy, an applicant shall not
be appointed to serve on more than one advisory body, except that
a member may also serve on one technical or special-purpose
committee at the same time. If appointed to another committee,
he/she will be expected to resign from one body upon being
appointed to another:. (ABH § III,C,S)
6.63 PROCESS
6.63.1 Applications are obtained and filed with the Office of the City
Clerk. (ABH 5 III,C,1)
page 31
Council Policies & Procedures Chapter 6: Advisory Body Procedures
6.632 In February of each year, the- City Clerk shall advise the City
Council of the terms which are due to expire on each advisory body.
The City Clerk shall also notify each advisory.member whose term
is due to expire. Each of these members shall be given the
opportunity to apply for reappointment unless the member has then
served a total of eight(8) years on that advisory body. (Prior CP&P
§ 2.40.010)
6.6.33 The Council Liaison Subcommittee reviews the current applications
and determines the recruitment process, including whether to
advertise or not. (ABH 5 III,C,3) If the committee is a technical
or special purpose committee (Board of Appeals, Jack House
Committee, Joint Recreational Use of School District Property
Committee, Mass Transportation Committee, or Tree Committee),
the City staff representative and Chair are invited to participate in
determining the recruitment process. (Motion adopted 7/20/93;
Prior Res. 6506)
6.63.4 The City Clerk shall then place an ad in the local newspaper,
inviting citizens to apply for consideration as an appointment to an
advisory body, with instructions regarding the application process.
(Prior CP&P S 2.40.010)
6.63.5 The applicant reads the Advisory Body Handbook and attends at
least one meeting prior to the interview with the Council Liaison
Subcommittee. (ABH S III,C,2)
6.63.6 The subcommittee shall interview qualified applicants, inviting the
advisory body Chair to attend (if.the Chair is being considered for
reappointment, the Council Liaison Subcommittee shall /designate
another representative.) (ABH § III,C,3) If the vacancy is for a
technical or special-purpose committee (Board of Appeals, Jack
House Committee, Joint Recreational Use of School District
Property Committee, Mass Transportation Committee, or Tree
Committee), the City staff representative will be invited. (Motion
adopted 7/20/93)
6.63.7 The Council Liaison Subcommittee shall submit recommendations
__for appointment to the entire Council. If a unanimous decision for
recommendation to the full Council cannot be reached,the Council
shall take a separate motion for each candidate proposed by each
member of the Council Liaison Subcommittee. (ABH § III,C,3)
page 32
Council Policies & Procedures Chapter 6: Advisory Body Procedures
6.6.3.8 Applicants not appointed will be advised and their applications held
for consideration in the event of a future vacancy for no less than
one year. (ABH § III,C,4)
6.6.3.9 The subcommittee may prepare a list of all qualified candidates that
they interview. Such list shall be filed with the City Clerk and may
be used as a basis for appointments to fill vacancies which may
occur during the year. Council appointment of a particular term is
required. (Prior CP&P § 2.40.010) I
page 33