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03 staff report.DEIC Resolution with attachments Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 03/05/2024 ITEM NO: 3 DATE: February 21, 2024 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Adopt a Resolution Modifying the Diversity, Equity, and Inclusion (DEI) Commission Enabling Resolution as Recommended by the DEI Commission and Modify the Town Council Commission Appointment Policy 2-11 for Consistency. RECOMMENDATION: Adopt a Resolution modifying the Diversity, Equity, and Inclusion (DEI) Commission Enabling Resolution as recommended by the DEI Commission (Attachment 3) and modify the Town Council Commission Appointment Policy 2-11 for consistency (Attachment 5). BACKGROUND: In October 2023, the Town Council approved the Enabling Resolution for the DEI Commission (Attachment 1). The Resolution sets forth the membership of the Commission as well as its duties and other parameters. Ten of the 11 seats are filled, and the Commission began meeting in January 2024. DISCUSSION: At its February meeting, the DEI Commission discussed its name and other aspects of the Enabling Resolution. After considering public testimony and concluding its deliberations, the Commission decided to retain its name as the Diversity, Equity, and Inclusion Commission. The Commission did express concern about the difficulty of filling the remaining seat which is intended for a business owner and resident of Los Gatos. As a result, the Commission unanimously recommended to the Town Council that this position be modified to a Los Gatos business owner who may or may not reside in Town (see Attachment 2 redlined and Attachment 3 clean) PAGE 2 OF 2 SUBJECT: Adopt a Resolution Modifying the Diversity, Equity, and Inclusion (DEI) Commission Enabling Resolution as Recommended by the DEI Commission DATE: February 21, 2024 DISCUSSION (continued): The Town Council Commission Appointment Policy 2-11 contains a section regarding residency requirements. If the Town Council changes the DEI Commission Enabling Resolution, then the Commission Appointment Policy needs to be modified to acknowledge the additional seat on the DEI Commission that could be filled by a resident or non-resident of Los Gatos (see Attachment 4 redlined and Attachment 5 clean). CONCLUSION: The Commission appreciates the Town Council’s consideration of its recommendation. COORDINATION: This report was coordinated with the Town Attorney. FISCAL IMPACT: The Council’s consideration and action on this item has no fiscal impact. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. DEIC Enabling Resolution 2. Redlined DEIC Enabling Resolution with Modifications Recommended by the DEIC 3. Clean Updated DEIC Enabling Resolution 4. Redlined Commission Appointment Policy 5. Clean Updated Commission Appointment Policy ATTACHMENT 1 This Page Intentionally Left Blank 1 of 4 Draft Resolution Date DRAFT RESOLUTION 2024- RESCIND RESOLUTION 2023-053 AND ADOPT A REVISED ENABLING RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING THE DIVERSITY, EQUITY, AND INCLUSION COMMISSION WHEREAS, the Town Council of the Town of Los Gatos does hereby formally establish the Diversity, Equity, and Inclusion Commission (DEIC). WHEREAS, the Town is working to institutionalize Justice, Equity, Diversity, and Inclusion in the Town’s ethos, the role of DEIC is to support and foster new opportunities for marginalized groups in the Town. WHEREAS, the DEIC will be committed to Justice, Equity, Diversity, and Inclusion across all sectors within the Town of Los Gatos and the purpose of DEIC is to work to create more equitable opportunities and increase a sense of belonging for all Los Gatos community members and visitors through community engagement and collaborative activities. NOW, THEREFORE, BE IT RESOLVED: 1. Resolution 2023-053 is rescinded and replaced by this Enabling Resolution. 2. The DEIC is hereby established as an advisory committee to the Los Gatos Town Council and shall operate in the manner hereinafter prescribed. 3. Membership/Organization a. The Town is seeking a diversity of members that includes but is not limited to: youth; seniors; Black, Indigenous, and People of Color (BIPOC); Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual (LGBTQIA+); those that are disabled; and religious diversity. The Commission shall consist of eleven (11) members. Membership composition shall be: i. Two (2) Youth Commissioners as voting members, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Youth Commission; ii. One (1) Arts and Culture Commissioner as a voting member, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Arts and Culture Commission; iii. One (1) Community Health and Senior Services Commissioner as a voting member, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Community Health and Senior Services Commission; iv. One (1) Town of Los Gatos business owner and resident, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two- term limit, appointed by the Town Council; ATTACHMENT 2 2 of 4 Draft Resolution Date v. One (1) Town of Los Gatos business owner or employee, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council; vi. One (1) Town of Los Gatos faith leader who leads a congregation in Los Gatos, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council; vii. One (1) Town of Los Gatos non-profit employee, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council; and viii. Three (3) Town of Los Gatos residents as voting members, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council. b. The three-year terms will be staggered. c. Commission members is expected to report back to the Board, Committee, Commission, or organization the Commissioner represents (i.e., Arts and Culture Commission, faith community, etc.). d. The Commission shall appoint a Chair and Vice Chair. e. Commission members shall serve without compensation. f. The Commission shall hold regular monthly meetings. g. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act. h. Meeting attendance requirements will conform with all current Town Resolutions and Policies. i. A record of all meeting minutes and resolutions of the Commission shall be kept and shall be a public record. 4. Powers and Duties a. The duties of DEIC shall be to: i. Act in an advisory capacity to the Town Council in matters pertaining to creating equitable opportunities and a sense of belonging within Town. The DEIC’s scope of work may include the following items: 1. Community Based Programming a. Develop new and promote current programs/events that foster unity and diversity within the Town. b. Identify Equity Training opportunities for Town Council, staff, residents, business owners/employees, students, and/or Commission/community members. c. Incorporate community feedback into programming and training. 2. Collaborative Efforts a. Foster stronger collaborations between current Town Boards, Commissions, and Committees and community- 3 of 4 Draft Resolution Date based organizations to integrate equity practices and principles. b. Build relationships with local public and private school systems in order to provide support and resources for Equity work. c. Build collaborative processes with other Town Boards, Committees, and Commissions to ensure integration of Equity practices into the Town community grant program. 3. Policy Recommendations a. Make policy recommendations to the Town Council regarding Justice, Equity, Diversity, Inclusion, and Unity issues. 4. Communications a. Create a communications campaign centered around equity education and promotion of Town events. ii. Not to affect powers of the Town Council. Nothing in this resolution shall be construed as restricting or curtailing any of the powers of the Town Council, or as a delegation to DEIC of any of the authority or discretionary powers vested and imposed by law in such Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of March 2024 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ 4 of 4 Draft Resolution Date ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ 1 of 4 Draft Resolution Date DRAFT RESOLUTION 2024- RESCIND RESOLUTION 2023-053 AND ADOPT A REVISED ENABLING RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING THE DIVERSITY, EQUITY, AND INCLUSION COMMISSION WHEREAS, the Town Council of the Town of Los Gatos does hereby formally establish the Diversity, Equity, and Inclusion Commission (DEIC). WHEREAS, the Town is working to institutionalize Justice, Equity, Diversity, and Inclusion in the Town’s ethos, the role of DEIC is to support and foster new opportunities for marginalized groups in the Town. WHEREAS, the DEIC will be committed to Justice, Equity, Diversity, and Inclusion across all sectors within the Town of Los Gatos and the purpose of DEIC is to work to create more equitable opportunities and increase a sense of belonging for all Los Gatos community members and visitors through community engagement and collaborative activities. NOW, THEREFORE, BE IT RESOLVED: 1. Resolution 2023-053 is rescinded and replaced by this Enabling Resolution. 2. The DEIC is hereby established as an advisory committee to the Los Gatos Town Council and shall operate in the manner hereinafter prescribed. 3. Membership/Organization a. The Town is seeking a diversity of members that includes but is not limited to: youth; seniors; Black, Indigenous, and People of Color (BIPOC); Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual (LGBTQIA+); those that are disabled; and religious diversity. The Commission shall consist of eleven (11) members. Membership composition shall be: i. Two (2) Youth Commissioners as voting members, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Youth Commission; ii. One (1) Arts and Culture Commissioner as a voting member, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Arts and Culture Commission; iii. One (1) Community Health and Senior Services Commissioner as a voting member, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Community Health and Senior Services Commission; iv. One (1) Town of Los Gatos business owner, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two- term limit, appointed by the Town Council; ATTACHMENT 3 2 of 4 Draft Resolution Date v. One (1) Town of Los Gatos business owner or employee, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council; vi. One (1) Town of Los Gatos faith leader who leads a congregation in Los Gatos, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council; vii. One (1) Town of Los Gatos non-profit employee, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council; and viii. Three (3) Town of Los Gatos residents as voting members, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council. b. The three-year terms will be staggered. c. Commission members is expected to report back to the Board, Committee, Commission, or organization the Commissioner represents (i.e., Arts and Culture Commission, faith community, etc.). d. The Commission shall appoint a Chair and Vice Chair. e. Commission members shall serve without compensation. f. The Commission shall hold regular monthly meetings. g. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act. h. Meeting attendance requirements will conform with all current Town Resolutions and Policies. i. A record of all meeting minutes and resolutions of the Commission shall be kept and shall be a public record. 4. Powers and Duties a. The duties of DEIC shall be to: i. Act in an advisory capacity to the Town Council in matters pertaining to creating equitable opportunities and a sense of belonging within Town. The DEIC’s scope of work may include the following items: 1. Community Based Programming a. Develop new and promote current programs/events that foster unity and diversity within the Town. b. Identify Equity Training opportunities for Town Council, staff, residents, business owners/employees, students, and/or Commission/community members. c. Incorporate community feedback into programming and training. 2. Collaborative Efforts a. Foster stronger collaborations between current Town Boards, Commissions, and Committees and community- 3 of 4 Draft Resolution Date based organizations to integrate equity practices and principles. b. Build relationships with local public and private school systems in order to provide support and resources for Equity work. c. Build collaborative processes with other Town Boards, Committees, and Commissions to ensure integration of Equity practices into the Town community grant program. 3. Policy Recommendations a. Make policy recommendations to the Town Council regarding Justice, Equity, Diversity, Inclusion, and Unity issues. 4. Communications a. Create a communications campaign centered around equity education and promotion of Town events. ii. Not to affect powers of the Town Council. Nothing in this resolution shall be construed as restricting or curtailing any of the powers of the Town Council, or as a delegation to DEIC of any of the authority or discretionary powers vested and imposed by law in such Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of March 2024 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ 4 of 4 Draft Resolution Date ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ COUNCIL POLICY MANUAL TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum POLICY NUMBER: 2-11 EFFECTIVE DATE: 2/28/1990 PAGES: 7 ENABLING ACTIONS: REVISED DATES: 6/13/1994; 6/16/2014; 4/7/2015; 10/18/2016; 2/21/2017; 2/6/2018; 3/19/19; 9/3/2019; 6/1/2021; 12/7/21, 3/15/22, 8/2/22; 9/20/22; 10/03/23; 11/21/23 APPROVED: PURPOSE To establish a policy to encourage participation by the Town’s residents on Town Boards, Commissions and Committees (hereinafter referred to as "Commissions"). The Town of Los Gatos is committed to inclusivity. We value all our community members, regardless of religion, immigration status, ethnicity, race, disability, gender, sexual orientation, or gender identity. The Town will encourage residents to participate on Commissions by advertising vacancies on Commissions for at least 30 days, preparing easily understood applications, maintaining clear descriptions of the role of each Board, Commission, and Committee and its respective members, providing current meeting schedules, and conducting public interviews of all Commission applicants, except as provided by this Policy. SCOPE This Policy applies to all applicants to Town Boards, Commissions and Committees. POLICY The Town Council encourages public participation in all decision-making and to be successful residents must be assured both that the participation is meaningful and that their input will be valued. The widest representation from the community can only be achieved if vacancies are well advertised so that anyone interested will have the opportunity to apply. Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed. Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle. Small Town Service Community Stewardship Future Focus ATTACHMENT 4 TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 2 of 7 POLICY NUMBER: 2-11 To ensure the greatest possible participation by the public, it is the Town's policy that no person shall be appointed to more than one Commission except in those cases where they are ex-officio members of other Boards, Commissions and Committees. This Policy does not apply to Commission members serving as representatives of their Commission who have been appointed by the Town Council. RESIDENCY REQUIREMENTS Residency within the incorporated municipal limits of the Town of Los Gatos, California is required for appointment and continued membership on all Town of Los Gatos Boards, Commissions, and Committees, with the exception of the Youth Commission and the Diversity, Equity, and Inclusion Commission. Youth Commission: The members shall be students who are entering grades 8 through 12 in the fall. Membership for the students requires either residency in the incorporated limits of the Town of Los Gatos or residency in the unincorporated areas of the County of Santa Clara, which have a Los Gatos mailing address. Diversity, Equity, and Inclusion Commission: Membership composition shall be as outlined in the Commission’s enabling resolution and includes a Los Gatos business owner, / employee of a Los Gatos business, faith leader who leads a congregation in Los Gatos, and Los Gatos non-profit employee all of whom may or may not reside in Los Gatos. ATTENDANCE REQUIREMENTS 1. All members of all appointive Town Advisory Bodies should attend all regular and special meetings of said Advisory Bodies. 2. Any member not in attendance at a regular meeting of said Advisory Body for at least 70% of the meeting shall be considered absent. 3. Any member of an appointive Town Advisory Body who is absent from the number of regular meetings listed below appropriate to his or her Advisory Body shall, as a result, surrender his or her office on the Advisory Body and the office shall be considered vacant. a. For an Advisory Body which holds six (6) or more regular meetings per a consecutive twelve (12) month period: three (3) regular meetings. b. For an Advisory Body which holds five (5) or fewer regular meetings per a consecutive twelve (12) month period: two (2) regular meetings. c. For an Advisory Body which holds sixteen (16) or more regular meetings per a consecutive twelve (12) month period: eight (8) regular meetings. 4. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to parental leave constitute excused absences. TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 3 of 7 POLICY NUMBER: 2-11 5. 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 Advisory Body but will not be treated as an incumbent in any subsequent application to the same Advisory Body. 6. If a Youth Commissioner liaison misses three meetings of a liaison Commission during a consecutive twelve (12) month period*, the Youth Commission shall appoint a different Youth Commissioner as liaison. *Consecutive twelve (12) month period is defined as any consecutive twelve-month period beginning with the first absence. A regular meeting shall not be cancelled and replaced with a special meeting in order to alleviate an absence by an advisory body member. QUORUM REQUIREMENTS The number of members needed to constitute a quorum on any Town Advisory Body shall be a majority of the total number of filled seats. PROCEDURES The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions: Responsibility and Actions: Town Clerk A. Annual Recruitments Adult Commission members' terms begin on January 1st and end December 31st, Youth Commissioners’ terms follow the academic year and begin on August 1st and end on June 30th. The Town Clerk shall perform the following duties in conducting an annual recruitment for Commission members: 1. Notify Town Council of vacancies on Commissions by indicating the names of the Commissions, the number of terms expiring or being vacated, names of individual(s) with expiring terms or vacating seats, advertising periods (at least 30 days) and the date of interview. 2. Advertise the vacancies, including the application deadline and the interview date. Interviews and appointments for Adult Commissioners shall occur after annual Mayor and Vice Mayor selection, and in the case of election years, after new Council Members have been seated. Interviews and appointments for Youth Commissioners shall occur by the fourth Wednesday in May, no earlier than 4:00 p.m. 3. Prepare and maintain easily understood applications for appointment to Commissions. Applications shall include the following policy information: TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 4 of 7 POLICY NUMBER: 2-11 a. Prior to initial appointment to any Commission, non-incumbent applicants must be interviewed by the Town Council. The applications of those not appearing will be held for the next recruitment. b. If an incumbent Commissioner is requesting reappointment to the same Commission, the incumbent may submit a request to be interviewed by telephone, with their application, instead of attending the interview or must submit a letter prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission. c. Submissions deadlines are mandatory; no exceptions are permitted. 4. Applications: a. For adult applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council prior to the interviews for appointment. b. For student applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council Selection Committee, consisting of the Mayor, Vice Mayor, Police Chief, and Youth Commission Chair (if not reapplying), prior to the interviews for appointment. 5. Notify the applicant by letter or email as to the date and time of the interview and provide the option for an in person or teleconference interview. 6. Facilitate the Council voting process set forth below by informing Council as to how many votes are possible on each Commission, calling out applicants' names, and identifying the applicants receiving sufficient votes for appointment. This process does not apply to student applicants. 7. Applicants: a. For adult applicants — After the interviews and Council vote are completed, notify all applicants of the Council's action, and explain Town policy of keeping application active for one year with notification of subsequent openings on that Commission to the interested applicants. b. For student applicants — After the interviews are completed, notify all applicants of the Council Committee's action, and prepare a staff report for the Town Council to ratify the Committee's appointment at the first Town Council meeting in June. Interview Process To ensure the interview process is consistent, fair, and equitable, each applicant shall be asked the same standard questions, as provided below. Notwithstanding, no Council Member shall be prevented from asking appropriate questions of applicants. 1. If appointed, what ideas would you like to see the Commission explore? 2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission. TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 5 of 7 POLICY NUMBER: 2-11 3. Please elaborate on any written response provided in the application to assist the Council learn more about you. 4. If you did not answer any of the questions on the application, please explain why. The standard questions are limited in number to allow an applicant sufficient time to respond. While the intent is for each Council Member to be able to ask one question of each applicant, the Council may decide not to ask all of the provided questions, change the order of the questions, or rotate which Council member asks a specific question. Balloting Process Unless determined otherwise, the Council shall conduct a ballot vote for the appointment of individuals to fill the vacancies for each Commission. Such ballot vote may be conducted at either a regular, adjourned, or special meeting of the Town Council. The ballot vote process shall be conducted as follows: 1. The Town Clerk shall provide a ballot to each Town Council member listing the names of all applicants and “None of the above” for each respective Commission. Prior to the vote, the Town Clerk shall publicly announce the position vacancy and all applicant names that are listed on the ballot. 2. Each Council member may vote for the same number of applicants as there are current vacancies on the respective Commission. In no case, can a Council Member cast more votes than there are vacancies; or vote for the same candidate more than once on each ballot (i.e. cumulative voting -- e.g. where there are three vacancies, a Council member may not give all three votes to the same candidate). A Council Member is not required to vote for any of the candidates or for the total number of vacancies available. 3. The Town Clerk shall collect all ballots and shall publicly announce the name of each Town Council member and how that Council member cast his or her vote. In the case of a tie vote, the Town Clerk will announce that there is a tie and that a run-off vote shall be conducted but will not announce the names of the applicants in the run-off. Once all voting is concluded and a decision made, the votes will be made public. The run-off ballot will also include a “None of the above” option. 4. Applicants receiving a majority number of votes shall be deemed appointed to the Commission. In the event of a tie, a run-off vote shall be conducted among the applicants receiving the highest number of votes from the previous round. This shall continue until a majority consensus on an applicant(s) is reached for the number of vacancies to be filled. In the event of an unbreakable tie, the Council may determine an alternative method for selecting the appointee(s) or direct the Town Clerk to re-advertise the vacancy. 5. If an applicant(s) is appointed to an Advisory Body which has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor. TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 6 of 7 POLICY NUMBER: 2-11 B. Mid-Term Recruitments During the year, Commissions may experience vacancies that drop the number of filled seats to a number of members that is not sufficient to conduct Commission business. The Commission may request the Council to conduct a mid-term recruitment to fill seats. To the extent possible, the Town Clerk will consolidate mid-term recruitments to minimize the number of recruitments occurring throughout the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid-term recruitment. Mid- term recruitments will not be conducted for Youth Commissioners. The Town Clerk shall advertise mid-term vacancies on Commissions for at least 15 days. Responsibility and Action: Applicant 1. Read the Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum Policy, complete and submit to the Town Clerk the application for appointment to a Town Commission by the advertised deadline date and time. 2. For adult applicants: Attend the Council meeting to be interviewed for Commission appointment. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday before the scheduled interview date whether they will attend in person or via teleconference. 3. For student applicants: Attend the Council Selection Committee interview session. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday before the scheduled interview date whether they will attend in person or via teleconference. 4. If an incumbent Commission member is requesting reappointment to the same Commission and is not available on the date of the interview, the incumbent must submit a letter by 4:00 p.m. the Friday prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission. 5. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office." 6. Attend Advisory Body meetings once term begins. 7. Read the Commissioners’ Handbook. Hard copies of the Handbook are to be returned to the Town Clerk when the term is complete. Responsibility and Action: Town Council 1. Review applications. 2. For adult applicants – Interview applicants individually by Commission at a public meeting with all applicants present. For student applicants – Town Council Selection Committee interviews applicants. 3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment. TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 7 of 7 POLICY NUMBER: 2-11 4. If there are limited applications for any vacancy to a Commission, the Mayor, on behalf of the Council, may request that the Town Clerk re-advertise the vacancy, reschedule the interviews, and notify all applicants of the new interview date. COMPLIANCE - GROUNDS FOR DISMISSAL A member may be removed from the Advisory Body prior to the end of his or her term by a three-fifths (3/5) vote of the Town Council and may not be reappointed for the following reasons: 1. Failure to attend Advisory Body meetings. 2. Failure to file the following documents required by the Fair Political Practices Commission (Adult Commissioners): a. Form 700 – Assuming Office, Annual, and Leaving Office when term is complete. b. Planning Commissioners are also required to complete AB 1234 Ethics Training and file the original certificate with the Town Clerk every two years. 3. Failure to comply with all Town Policies, Guidelines, and Handbooks. CONFLICT OF INTEREST Under the Fair Political Practice Act, an advisory board member has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests. In such cases, there is a risk of biased decision-making that could sacrifice the public’s interest in favor of the official’s private financial interests. To avoid actual bias or the appearance of possible improprieties, the public official is prohibited from participating in the decision. The Fair Political Practice Act does not prohibit an advisory board member from participating in a decision simply by virtue of holding a position as a board member, director, officer, or employment with a nonprofit corporation. However, the Town strongly encourages that in the event that a decision concerns a nonprofit corporation for which an advisory board member is a board member, director, officer, or employed with that nonprofit corporation, the person should recuse him or herself and at a minimum shall disclose the potential conflict of interest before any discussion and decision. APPROVED AS TO FORM: ________ Gabrielle Whelan, Town Attorney This Page Intentionally Left Blank COUNCIL POLICY MANUAL TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum POLICY NUMBER: 2-11 EFFECTIVE DATE: 2/28/1990 PAGES: 7 ENABLING ACTIONS: REVISED DATES: 6/13/1994; 6/16/2014; 4/7/2015; 10/18/2016; 2/21/2017; 2/6/2018; 3/19/19; 9/3/2019; 6/1/2021; 12/7/21, 3/15/22, 8/2/22; 9/20/22; 10/03/23; 11/21/23 APPROVED: PURPOSE To establish a policy to encourage participation by the Town’s residents on Town Boards, Commissions and Committees (hereinafter referred to as "Commissions"). The Town of Los Gatos is committed to inclusivity. We value all our community members, regardless of religion, immigration status, ethnicity, race, disability, gender, sexual orientation, or gender identity. The Town will encourage residents to participate on Commissions by advertising vacancies on Commissions for at least 30 days, preparing easily understood applications, maintaining clear descriptions of the role of each Board, Commission, and Committee and its respective members, providing current meeting schedules, and conducting public interviews of all Commission applicants, except as provided by this Policy. SCOPE This Policy applies to all applicants to Town Boards, Commissions and Committees. POLICY The Town Council encourages public participation in all decision-making and to be successful residents must be assured both that the participation is meaningful and that their input will be valued. The widest representation from the community can only be achieved if vacancies are well advertised so that anyone interested will have the opportunity to apply. Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed. Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle. Small Town Service Community Stewardship Future Focus ATTACHMENT 5 TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 2 of 7 POLICY NUMBER: 2-11 To ensure the greatest possible participation by the public, it is the Town's policy that no person shall be appointed to more than one Commission except in those cases where they are ex-officio members of other Boards, Commissions and Committees. This Policy does not apply to Commission members serving as representatives of their Commission who have been appointed by the Town Council. RESIDENCY REQUIREMENTS Residency within the incorporated municipal limits of the Town of Los Gatos, California is required for appointment and continued membership on all Town of Los Gatos Boards, Commissions, and Committees, with the exception of the Youth Commission and the Diversity, Equity, and Inclusion Commission. Youth Commission: The members shall be students who are entering grades 8 through 12 in the fall. Membership for the students requires either residency in the incorporated limits of the Town of Los Gatos or residency in the unincorporated areas of the County of Santa Clara, which have a Los Gatos mailing address. Diversity, Equity, and Inclusion Commission: Membership composition shall be as outlined in the Commission’s enabling resolution and includes a Los Gatos business owner, employee of a Los Gatos business, faith leader who leads a congregation in Los Gatos, and Los Gatos non-profit employee all of whom may or may not reside in Los Gatos. ATTENDANCE REQUIREMENTS 1. All members of all appointive Town Advisory Bodies should attend all regular and special meetings of said Advisory Bodies. 2. Any member not in attendance at a regular meeting of said Advisory Body for at least 70% of the meeting shall be considered absent. 3. Any member of an appointive Town Advisory Body who is absent from the number of regular meetings listed below appropriate to his or her Advisory Body shall, as a result, surrender his or her office on the Advisory Body and the office shall be considered vacant. a. For an Advisory Body which holds six (6) or more regular meetings per a consecutive twelve (12) month period: three (3) regular meetings. b. For an Advisory Body which holds five (5) or fewer regular meetings per a consecutive twelve (12) month period: two (2) regular meetings. c. For an Advisory Body which holds sixteen (16) or more regular meetings per a consecutive twelve (12) month period: eight (8) regular meetings. 4. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to parental leave constitute excused absences. TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 3 of 7 POLICY NUMBER: 2-11 5. 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 Advisory Body but will not be treated as an incumbent in any subsequent application to the same Advisory Body. 6. If a Youth Commissioner liaison misses three meetings of a liaison Commission during a consecutive twelve (12) month period*, the Youth Commission shall appoint a different Youth Commissioner as liaison. *Consecutive twelve (12) month period is defined as any consecutive twelve-month period beginning with the first absence. A regular meeting shall not be cancelled and replaced with a special meeting in order to alleviate an absence by an advisory body member. QUORUM REQUIREMENTS The number of members needed to constitute a quorum on any Town Advisory Body shall be a majority of the total number of filled seats. PROCEDURES The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions: Responsibility and Actions: Town Clerk A. Annual Recruitments Adult Commission members' terms begin on January 1st and end December 31st, Youth Commissioners’ terms follow the academic year and begin on August 1st and end on June 30th. The Town Clerk shall perform the following duties in conducting an annual recruitment for Commission members: 1. Notify Town Council of vacancies on Commissions by indicating the names of the Commissions, the number of terms expiring or being vacated, names of individual(s) with expiring terms or vacating seats, advertising periods (at least 30 days) and the date of interview. 2. Advertise the vacancies, including the application deadline and the interview date. Interviews and appointments for Adult Commissioners shall occur after annual Mayor and Vice Mayor selection, and in the case of election years, after new Council Members have been seated. Interviews and appointments for Youth Commissioners shall occur by the fourth Wednesday in May, no earlier than 4:00 p.m. 3. Prepare and maintain easily understood applications for appointment to Commissions. Applications shall include the following policy information: TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 4 of 7 POLICY NUMBER: 2-11 a. Prior to initial appointment to any Commission, non-incumbent applicants must be interviewed by the Town Council. The applications of those not appearing will be held for the next recruitment. b. If an incumbent Commissioner is requesting reappointment to the same Commission, the incumbent may submit a request to be interviewed by telephone, with their application, instead of attending the interview or must submit a letter prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission. c. Submissions deadlines are mandatory; no exceptions are permitted. 4. Applications: a. For adult applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council prior to the interviews for appointment. b. For student applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council Selection Committee, consisting of the Mayor, Vice Mayor, Police Chief, and Youth Commission Chair (if not reapplying), prior to the interviews for appointment. 5. Notify the applicant by letter or email as to the date and time of the interview and provide the option for an in person or teleconference interview. 6. Facilitate the Council voting process set forth below by informing Council as to how many votes are possible on each Commission, calling out applicants' names, and identifying the applicants receiving sufficient votes for appointment. This process does not apply to student applicants. 7. Applicants: a. For adult applicants — After the interviews and Council vote are completed, notify all applicants of the Council's action, and explain Town policy of keeping application active for one year with notification of subsequent openings on that Commission to the interested applicants. b. For student applicants — After the interviews are completed, notify all applicants of the Council Committee's action, and prepare a staff report for the Town Council to ratify the Committee's appointment at the first Town Council meeting in June. Interview Process To ensure the interview process is consistent, fair, and equitable, each applicant shall be asked the same standard questions, as provided below. Notwithstanding, no Council Member shall be prevented from asking appropriate questions of applicants. 1. If appointed, what ideas would you like to see the Commission explore? 2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission. TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 5 of 7 POLICY NUMBER: 2-11 3. Please elaborate on any written response provided in the application to assist the Council learn more about you. 4. If you did not answer any of the questions on the application, please explain why. The standard questions are limited in number to allow an applicant sufficient time to respond. While the intent is for each Council Member to be able to ask one question of each applicant, the Council may decide not to ask all of the provided questions, change the order of the questions, or rotate which Council member asks a specific question. Balloting Process Unless determined otherwise, the Council shall conduct a ballot vote for the appointment of individuals to fill the vacancies for each Commission. Such ballot vote may be conducted at either a regular, adjourned, or special meeting of the Town Council. The ballot vote process shall be conducted as follows: 1. The Town Clerk shall provide a ballot to each Town Council member listing the names of all applicants and “None of the above” for each respective Commission. Prior to the vote, the Town Clerk shall publicly announce the position vacancy and all applicant names that are listed on the ballot. 2. Each Council member may vote for the same number of applicants as there are current vacancies on the respective Commission. In no case, can a Council Member cast more votes than there are vacancies; or vote for the same candidate more than once on each ballot (i.e. cumulative voting -- e.g. where there are three vacancies, a Council member may not give all three votes to the same candidate). A Council Member is not required to vote for any of the candidates or for the total number of vacancies available. 3. The Town Clerk shall collect all ballots and shall publicly announce the name of each Town Council member and how that Council member cast his or her vote. In the case of a tie vote, the Town Clerk will announce that there is a tie and that a run-off vote shall be conducted but will not announce the names of the applicants in the run-off. Once all voting is concluded and a decision made, the votes will be made public. The run-off ballot will also include a “None of the above” option. 4. Applicants receiving a majority number of votes shall be deemed appointed to the Commission. In the event of a tie, a run-off vote shall be conducted among the applicants receiving the highest number of votes from the previous round. This shall continue until a majority consensus on an applicant(s) is reached for the number of vacancies to be filled. In the event of an unbreakable tie, the Council may determine an alternative method for selecting the appointee(s) or direct the Town Clerk to re-advertise the vacancy. 5. If an applicant(s) is appointed to an Advisory Body which has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor. B. Mid-Term Recruitments TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 6 of 7 POLICY NUMBER: 2-11 During the year, Commissions may experience vacancies that drop the number of filled seats to a number of members that is not sufficient to conduct Commission business. The Commission may request the Council to conduct a mid-term recruitment to fill seats. To the extent possible, the Town Clerk will consolidate mid-term recruitments to minimize the number of recruitments occurring throughout the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid-term recruitment. Mid- term recruitments will not be conducted for Youth Commissioners. The Town Clerk shall advertise mid-term vacancies on Commissions for at least 15 days. Responsibility and Action: Applicant 1. Read the Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum Policy, complete and submit to the Town Clerk the application for appointment to a Town Commission by the advertised deadline date and time. 2. For adult applicants: Attend the Council meeting to be interviewed for Commission appointment. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday before the scheduled interview date whether they will attend in person or via teleconference. 3. For student applicants: Attend the Council Selection Committee interview session. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday before the scheduled interview date whether they will attend in person or via teleconference. 4. If an incumbent Commission member is requesting reappointment to the same Commission and is not available on the date of the interview, the incumbent must submit a letter by 4:00 p.m. the Friday prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission. 5. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office." 6. Attend Advisory Body meetings once term begins. 7. Read the Commissioners’ Handbook. Hard copies of the Handbook are to be returned to the Town Clerk when the term is complete. Responsibility and Action: Town Council 1. Review applications. 2. For adult applicants – Interview applicants individually by Commission at a public meeting with all applicants present. For student applicants – Town Council Selection Committee interviews applicants. 3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment. 4. If there are limited applications for any vacancy to a Commission, the Mayor, on behalf of the Council, may request that the Town Clerk re-advertise the vacancy, reschedule the interviews, and notify all applicants of the new interview date. TITLE: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum PAGE: 7 of 7 POLICY NUMBER: 2-11 COMPLIANCE - GROUNDS FOR DISMISSAL A member may be removed from the Advisory Body prior to the end of his or her term by a three-fifths (3/5) vote of the Town Council and may not be reappointed for the following reasons: 1. Failure to attend Advisory Body meetings. 2. Failure to file the following documents required by the Fair Political Practices Commission (Adult Commissioners): a. Form 700 – Assuming Office, Annual, and Leaving Office when term is complete. b. Planning Commissioners are also required to complete AB 1234 Ethics Training and file the original certificate with the Town Clerk every two years. 3. Failure to comply with all Town Policies, Guidelines, and Handbooks. CONFLICT OF INTEREST Under the Fair Political Practice Act, an advisory board member has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests. In such cases, there is a risk of biased decision-making that could sacrifice the public’s interest in favor of the official’s private financial interests. To avoid actual bias or the appearance of possible improprieties, the public official is prohibited from participating in the decision. The Fair Political Practice Act does not prohibit an advisory board member from participating in a decision simply by virtue of holding a position as a board member, director, officer, or employment with a nonprofit corporation. However, the Town strongly encourages that in the event that a decision concerns a nonprofit corporation for which an advisory board member is a board member, director, officer, or employed with that nonprofit corporation, the person should recuse him or herself and at a minimum shall disclose the potential conflict of interest before any discussion and decision. APPROVED AS TO FORM: ________ Gabrielle Whelan, Town Attorney