Loading...
14 Staff Report - Attendance Requirements for Members of Commissions, Committees, and BoardsCOUNCIL AGENDA REPORT DATE: NOVEMBER 20, 2003 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: MEETING DATE: 12/01/03 ITEM NO. • ADOPT TWO RESOLUTIONS ESTABLISHING ATTENDANCE REQUIREMENTS FOR MEMBERS OF TOWN COMMISSIONS, COMMITTEES, AND BOARDS A. ADOPT RESOLUTION REPLACING RESOLUTION 1988-173 AND ESTABLISHING ATTENDANCE REQUIREMENTS FOR MEMBERS OF ALL TOWN COMMISSIONS, COMMITTEES, AND BOARDS, EXCEPT THE PLANNING COMMISSION. B. ADOPT RESOLUTION RESCINDING RESOLUTION 1988-173 AND ESTABLISHING ATTENDANCE REQUIREMENTS FOR MEMBERS OF THE TOWN PLANNING COMMISSION RECOMMENDATION: 1. Adopt Resolution (Attachment 1) replacing Resolution 1988-173 and establishing attendance requirements for members of all Town Commissions, Committees, and Boards except the Planning Commission. 2. Adopt Resolution (Attachment 2) rescinding Resolution 1988-173 and establishing attendance requirements for members of the Town Planning Commission. BACKGROUND: The Town's attendance policy for members of all regular Commissions, Committees, and Boards (hereafter denoted "Commissions"), as governed by Resolution 1988-173, states "Absence from three consecutive regular meetings without formal consent of the Chair is deemed to constitute a resignation. Appeals can be made to the Town Council." At its 2002 Retreat, Council expressed a desire to create a more rigorous attendance policy, with the goal of improving attendance and participation at Commission meetings. PREPARED BY: REGINA. FALKNER, Community Services Dire or Reviewed by: p ` Assistant Town Manager 0 Town Attorney Clerk Finance Revised: 11/24/03 8:30 am Reformatted: 5/30/01 C AfVtIL/P afft-Z)-04V )M c itAtti / K Gyztt ei( tom' PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A NEW ATTENDANCE POLICY FOR COMMISSIONS November 20, 2003 At its July 1, 2002 meeting, Council discussed the possibility of a new attendance policy which would rescind the appeal process; instead, any Commission member missing a defined number of meetings without authorization would lose his or her seat, and the vacant position would be filled by Council under the normal application process. On the direction of Council, staff drafted such a policy, and provided it to all Town Commissions for their review and comment. Based on Commission comments, the policy was revised and a new draft was brought back to the Commissions in November for additional review and comment. A draft attendance policy was presented to Council in December. The draft policy retained the existing attendance policy for the Planning Commission, and provided new parameters for all other Commissions. In general, the attendance policy was found acceptable. However, the draft resolution was not adopted because of its status quo treatment ofthe Planning Commission. Instead, Council asked that staff work with the Planning Commission to develop a proactive policy that would assure maximum attendance. The issue of a Planning Commission policy was discussed with Council at the 2003 Council/Commission Retreat. DISCUSSION: Two draft resolutions have been prepared for the Council's consideration. Attachment 1 is a General Commission Attendance Policy. It has been reviewed by all the affected Commissions and is generally supported. Attachment 2 is a draft attendance policy which applies only to the Planning Commission and is based on the agreement reached at the Council/Commission Retreat. General Commission Attendance Policy: The attendance policy proposed in Attachment 1, makes the following changes to existing policy and applies to all Commissions except the Planning Commission: a. Any Commission member, except for Planning Commission members, missing 4 regular meetings in a 12-month period loses his or her seat, and the vacant position is filled by Council. Any Commissioner losing a seat in this manner may re -apply for the seat under the standard Commission application process. Commission members of Commissions that meet 4 or fewer times a year, may be asked by a four -fifths vote of Council to resign from their Commission if their absence impacts the Commission's ability to function, even if their absences number less than 4. b. The appeal process allowed under Resolution 1988-173 is eliminated. Currently, any Commissioner losing a seat due to absences may appeal to Council, in order to remain on the Commission. Under the proposed policy, no appeals may be made. c. No distinction is made between excused and non -excused absences. Absence from the defined number of meetings results in losing a seat. This provision removes the burden, under the existing policy, for Commission Chairs to determine whether or not an absence PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A NEW ATTENDANCE POLICY FOR COMMISSIONS November 20, 2003 is excused, and which reasons for absences are acceptable. Should this policy be adopted, Commissioners would be encouraged to continue the practice of calling their Commission Chair or staff when they will miss a meeting, as a courtesy. The Commission Chairs would simply be removed from the process of deciding which absences were excused. Planning Commission Attendance Policy: The draft resolution prepared for the Planning Commission is based on discussions at the 2003 Council/Commission Retreat. With one exception, the proposed attendance policy for the Planning Commission (Attachment 2) mirrors the draft General Commission Attendance Policy Resolution; the Planning Commission Resolution states that a Planning Commissioner is removed after 5 absences in a twelve month period, rather than the 4 allowed other Commissioners. Some members of the current Planning Commission have expressed the desire to have the Commission Chair retain the ability to excuse member absences. Because of the great number of meetings, they feel that some absences should be excused. If this authority is retained, a Commissioner can miss as many meetings as the Chair excuses. Also, the Chair is left with the burden of determining which absences should be excused or not excused; this makes it difficult to maintain an impartial attendance policy. The Planning Commission has significantly more regularly scheduled meetings than any other Town Commission. If greater leniency is required, staff recommends that the number of allowed absences be increased. This would result in a policy that would apply equally to all members. CONCLUSION: The Council has expressed the need for improved attendance and participation at Commission meetings. The draft Resolution provided as Attachment 1, has been reviewed and approved by all affected Commissions. The draft Resolution provided as Attachment 2, is based on discussions at the 2003 Council/Commission Retreat. Staff recommends that both Resolutions be adopted. If Council would like to provide a less restrictive policy for the Planning Commission because of its significant number of meetings, then Council should consider increasing the number of allowed absences. ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Not applicable. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT ANEW ATTENDANCE POLICY FOR COMMISSIONS November 20, 2003 Attachments: 1. Draft Resolution of the Town Council of the Town of Los Gatos Replacing Resolution 1988-173 and Establishing Attendance Requirements for Members of all Town Commissions, Committees, and Boards Except the Planning Commission 2. Draft Resolution of the Town Council of the Town of Los Gatos Rescinding Resolution 1988-173 and Establishing Attendance Requirements for Members of the Town Planning Commission 3. Comparison Chart of Proposed Attendance Policies Distribution: Arts Commission Architectural Standards Committee Community Services Commission Historic Preservation Committee Parks Commission Personnel Board Rent Advisory Committee N:\CSD\TCRPTS\Attendance Reso.wpd Arts Selection Panel Board of Appeals General Plan Committee Library Board Transportation & Parking Commission Planning Commission Attachment 1 Resolution "A" RESOLUTION NO. 2003- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPLACING RESOLUTION 1988-173 AND ESTABLISHING ATTENDANCE REQUIREMENTS FOR MEMBERS OF ALL TOWN COMMISSIONS, COMMITTEES, AND BOARDS, EXCEPT THE PLANNING COMMISSION WHEREAS, the efficient conduct of the Town's business requires the attention of all members of appointive commissions, committees, and boards of the Town; and WHEREAS, the absence of such members can weaken the efforts and effectiveness of the Town's advisory bodies; and WHEREAS, it is in the interest of the Town to require reasonable attendance by members at the meetings of such commissions, committees, and boards; and WHEREAS, Resolution 1988-173 currently governs the attendance policy for all appointive commissions, committees, and boards of the Town; and WHEREAS, the Town Council now desires to replace the policy contained in Resolution 1988-173 with the attendance policy stated below for all appointive commissions, committees, and boards of the Town, with the exception of the Planning Commission; and WHEREAS, the attendance policy for the Planning Commission shall be governed by separate resolution, as its members attend many more regularly scheduled meetings. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE THE FOLLOWING: 1. All members of all appointive Town commissions, committees, and boards should attend all regular meetings of said commissions, committees, and boards. 2. Any member of an appointive Town commission, committee, or board, with the exception of the Planning Commission, who is absent from four (4) regular meetings held in a twelve (12) month period, shall, as a result, surrender his or her office on the commission, committee, or board and the office shall be considered vacant. 1 3. At the Mayor's request, the member may continue to serve until his or her successor is appointed. The vacant position shall be filled by appointment by a majority vote of the Town Council, for a term equal to the unexpired portion of the office vacated. Any member removed from office due to non-attendance may re -apply to serve on a Town commission, committee, or board. 4. A commission, committee, or board member may be removed from the commission, committee, or board prior to the end of his or her term by a four -fifths (4/5) vote of the Town Council. 5. This Resolution supercedes Resolution 1988-173 with regards to all appointive Town commissions, committees, and boards, with the exception of the Planning Commission. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 2003, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:1CSDITCRPTS\Resolutions\attendance reso A wpd 2 Attachment 2 Resolution "B" RESOLUTION NO. 2003-_ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1988-173 AND ESTABLISHING ATTENDANCE REQUIREMENTS FOR MEMBERS OF THE TOWN PLANNING COMMISSION WHEREAS, the efficient conduct of the Town's business requires the attention of all members of appointive commissions, committees, and boards of the Town; and WHEREAS, the absence of such members can weaken the efforts and effectiveness of the Town's advisory bodies; and WHEREAS, it is in the interest of the Town to require reasonable attendance by members at the meetings of such commissions, committees, and boards; and WHEREAS, Resolution 1988-173 currently governs the attendance policy for all appointive commissions, committees, and boards of the Town; and WHEREAS, the Town Council now desires to rescind Resolution 1988-173 and adopt a new attendance policy for the Planning Commission; and WHEREAS, the attendance policy for all other appointive commissions, committees, and boards of the Town shall be governed by separate resolution. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE THE FOLLOWING: 1. Resolution 1988-173 is hereby rescinded. 2. All members of all appointive Town commissions, committees, and boards should attend all regular meetings of said commissions, committees, and boards. 3. Any Planning Commission member who is absent from f e ( regular meetings held in a twelve (12) month period, shall, as a result, surrender his or her office on the Planning Commission and the office shall be considered vacant. 4. At the Mayor's request, the member may continue to serve until his or her successor is appointed. The vacant position shall be filled by appointment by a majority vote of the Town 1 Council, for a -term equal to the unexpired portion of the office vacated. Any member removed from office due to non-attendance may re -apply to serve on a Town commission, committee, or board. 5. A commission, committee, or board member may be removed from the commission, committee, or board prior to the end of his or her term by a four -fifths (4/5) vote of the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 2003, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:1CSD\TCRPTS\Resolutions\attendance reso B.wpd 2 Attachment 3 COMPARISON CHART OF PROPOSED ATTENDANCE POLICIES Proposed Policy (Attachment 2) Planning Commission: Absence from 5 regular meetings in a 12-month period constitutes resignation from Commission No distinction is made between excused and non -excused absences. No appeals may be made No change. No change. Rescinds Resolution 1988-173. Proposed Policy (Attachment 1) Absence from 4 regular meetings in a 12- month period constitutes resignation from Commission. No distinction is made between excused and non -excused absences. No appeals may be made. No change. No change. Supercedes Resolution 1988-173 for all Town Commissions, except for the Planning Commission. Resolution 1988-173 (Existing Policy) 3 consecutive non -excused absences constitutes resignation from Commission. Commission Chairs were asked to determine if an absence was excused or non -excused. Appeals may be made to Town Council. Vacancies due to absences will be filled by Town Council, for unexpired portion of term. Commissioner may be removed from office by Town Council by four -fifths vote, for reasons unrelated to absences. N:\CSD\TCRPTS\attendance comparison chart.wpd 1/12— sham' i€ININ t�l OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: Q+ OUC•e_ t) t Ye i Cc `^ ''S51 d � CsD 12- 1-0,3 Number: Date of Adopt: RESOLUTION ORDINANCE 2-Qo3 -1%' COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: Number: Date of Intro: Date of Adopt: ZONE CHANGE: COUNCIL MEMBERS NAMES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman Mayor (or Chairman) SANDY DECKER ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK:FORMS-RESO-ORD ORIGINATING DEPT: =-- GAccie : CSD 1CI4 14,6 OFFICE OF THE TOWN CLERK LOMA di'eCMO LO ORDINANCES & RESOLUTIONS COUNCIL AGENDA DATE: l 2- ' t ' 03 COUNCIL AGENDA ITEM: SUBJECT: 0 ":Aoun nwn1SSs-1, 0h RESOLUTION Number: 2003 i 3r1 Number. Date of Adopt: Date of Intro: Date of Adopt: ZONE CHANGE: COUNCIL ACTION: AYES: 5� / ) �c rye tij144/1 NAYS: �� — � �U oill - Q ABSENT: ABSTAIN: pvbry% r-) COUNCIL MEMBERS NAMES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman Mayor (or Chairman) ORDINANCE ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK:FORMS-RESO-ORD RESOLUTION NO. 2003 -136 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPLACING RESOLUTION 1988-173 AND ESTABLISHING ATTENDANCE REQUIREMENTS FOR MEMBERS OF ALL TOWN COMMISSIONS, COMMITTEES, AND BOARDS, EXCEPT THE PLANNING COMMISSION WHEREAS, the efficient conduct of the Town's business requires the attention of all members of appointive commissions, committees, and boards of the Town; and WHEREAS, the absence of such members can weaken the efforts and effectiveness of the Town's advisory bodies; and WHEREAS, it is in the interest of the Town to require reasonable attendance by members at the meetings of such commissions, committees, and boards; and WHEREAS, Resolution 1988-173 currently governs the attendance policy for all appointive commissions, committees, and boards of the Town; and WHEREAS, the Town Council now desires to replace the policy contained in Resolution 1988-173 with the attendance policy stated below for all appointive commissions, committees, and boards of the Town, with the exception of the Planning Commission; and WHEREAS, the attendance policy for the Planning Commission shall be governed by separate resolution, as its members attend many more regularly scheduled meetings. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE THE FOLLOWING: 1.. All members of all appointive Town commissions, committees, and boards should attend all regular meetings of said commissions, committees, and boards. 2. Any member of an appointive Town commission, committee, or board, with the exception of the Planning Commission, who is absent from four (4) regular meetings held in a twelve (12) month period, shall, as a result, surrender his or her office on the commission, committee, or board and the office shall be considered vacant. 3. At the Mayor's request, the member may continue to serve until his or her successor is appointed. The vacant position shall be filled by appointment by a majority vote of the Town 1 Council, for a term equal to the unexpired portion of the office vacated. Any member removed from office due to non-attendance may re -apply to serve on a Town commission, committee, or board. 4. A commission, committee, or board member may be removed from the commission, committee, or board prior to the end of his or her term by a four -fifths (4/5) vote of the Town Council. 5. This Resolution supercedes Resolution 1988-173 with regards to all appointive Town commissions, committees, and boards, with the exception of the Planning Commission. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ls` day of December, 2003, by the following vote: COUNCIL MEMBERS: AYES: Sandy Decker, Diane•McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Steve Glickman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 RESOLUTION NO. 2003 - 137 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1988-173 AND ESTABLISHING ATTENDANCE REQUIREMENTS FOR MEMBERS OF THE TOWN PLANNING COMMISSION WHEREAS, the efficient conduct of the Town's business requires the attention of all members of appointive commissions, committees, and boards of the Town; and WHEREAS, the absence of such members can weaken the efforts and effectiveness of the Town's advisory bodies; and WHEREAS, it is in the interest of the Town to require reasonable attendance by members at the meetings of such commissions, committees, and boards; and WHEREAS, Resolution 1988-173 currently governs the attendance policy for all appointive commissions, committees, and boards of the Town; and WHEREAS, the Town Council now desires to rescind Resolution 1988-173 and adopt a new attendance policy for the Planning Commission; and WHEREAS, the attendance policy for all other appointive commissions, committees, and boards of the Town shall be governed by separate resolution. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE THE FOLLOWING: 1. Resolution 1988-173 is hereby rescinded. 2. All members of all appointive Town commissions, committees, and boards should attend all regular meetings of said commissions, committees, and boards. 3. Any Planning Commission member who is absent from eight (8) regular meetings held in a twelve (12) month period, shall, as a result, surrender his or her office on the Planning Commission and the office shall be considered vacant. 4. At the Mayor's request, the member may continue to serve until his or her successor is appointed. The vacant position shall be filled by appointment by a majority vote of the Town Council, for a term equal to the unexpired portion of the office vacated. Any member removed from office due to non-attendance may re -apply to serve on a Town commission, committee, or board. 5. A commission, committee, or board member may be removed from the commission, committee, or board prior to the end of his or her term by a four -fifths (4/5) vote of the Town 1 Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15` day of December, 2003, by the following vote: COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, Mike Wasserman, NAYS: Joe Pirzynski, Mayor Steve Glickman ABSENT: None ABSTAIN: None SIGNED: /s/ Steve Glickman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2