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HomeMy WebLinkAbout05/02/1995, 6 - COUNCIL DELEGATE VOTING PROCEDURES yp��pp�� IIII1111 I� 12 MEETINGon Ae DATE: 11�11111IIuq 111 l city o f San LU�S OBI Sp0 ITEM NUMBER: uU COUNCIL AGENDA REPORT .FROM: Diane R. Gladwell, City Clerk C J 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 G-3 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