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Attachment 1 PREPARED BY: SHELLEY NEIS Town Clerk Reviewed by: Town Manager, Assistant Town Manager, Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS TOWN COUNCIL POLICY COMMITTEE REPORT REPORT MEETING DATE: 02/26/2019 ITEM NO: 2 DATE: FEBRUARY 20, 2019 TO: TOWN COUNCIL POLICY COMMITTEE FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: DISCUSS THE COMMISSION APPOINTMENTS POLICY 2-11 IN RELATION TO COMMISSIONER INTERVIEWS, AND THE TOWN AGENDA FORMAT AND RULES POLICY 2-01 REGARDING REMOTE MEETING PARTICIPATION RECOMMENDATION: Discuss the Commission Appointments Policy 2-11 in relation to Commissioner interviews, and the Town Agenda Format and Rules Policy 2-01 regarding remote meeting participation. BACKGROUND: Staff continues to evaluate and identify areas of the Town Council Commission Appointments , Residency and Attendance Requirements, and Establishing a Quorum Policy 2-11 (Attachment 1) that may need to be clarified or amended. The Policy was last amended in February 2018. As questions and unintended consequences arise, staff is looking for the Committee’s input and guidance. Staff is also observing consequences associated with the strict remote meeting participation provisions contained in the Town Agenda Format and Rules Policy 2 -01, which was last amended in August 2017. Based on the direction of the Committee, staff would return to the Committee in March with red-line versions of the Policies to reflect the proposed changes. ATTACHMENT 1 PAGE 2 OF 3 SUBJECT: DISCUSS THE COMMISSION APPOINTMENTS POLICY 2-11 AND TOWN AGENDA FORMAT AND RULES POLICY 2-01 DATE: FEBRUARY 20, 2019 S:\COUNCIL REPORTS\2019\03-19-19\Commission Appointment Policy\Attachment 1 - Council Policy Committee February 26, 2019 staff report.docx DISCUSSION: Application and Interview Process The Town has been fortunate in the past few years to have ample applicants for most Commissions. Policy 2-11 currently states that all applicants must fill out an application and be interviewed (page 5), with an exception for incumbents applying for the same Commission who are unable to attend the interview. In that instance, they may submit a letter by the Friday before the interview date stating why they are not able to attend and why they should be reappointed (pages 3 and 5). Staff suggests allowing incumbents who reapply for the same Commission to submit an application and a letter stating why they desire to be reappointed in place of being interviewed. The interview waiver could be in instances where there are no new applicants (unless they want to interview) or only interview if there are new applicants. Currently, Policy 2-11 (page 3) states incumbent interviews by telephone may be considered under extraordinary circumstances. Many of the applicants travel extensively for business and the annual recruitment interviews are typically held at the holiday season when many are traveling, which does not allow for them to participate in the interview process. Staff suggests allowing telephone or video call interviews if arrangements are made with the Town Clerk by 3:00 p.m. the Friday before the interview date. Remote Meeting Participation The Town Agenda Format and Rules Policy 2-01 (Attachment 2) was last updated August 1, 2017 which amended Section M. Attendance at Meetings (page 5) to actively discourage telephonic attendance and is only permitted in the event of extraordinary events such as a medical, family or similar emergency requiring a Council Member’s absence or in the event the Council Member is out of the area on official Town business. The Policy applies to all Town Boards, Commissions, and Committees and therefore, Commissioners are no longer able to participate remotely. This has caused an unintended consequence of Commissioners’ having to surrender their position due to missing more than the allotted number of allowed absences (Policy 2-11, page 2). Staff suggests allowing remote participation for Commissioners on a limited basis, no more than three (3) times for those Commissions that hold six (6) or more regular meetings in a consecutive 12-month period, with the exception of the Planning Commission, and no more than two (2) times for those Commissions that hold five (5) or fewer regular meetings in a consecutive 12-month period. The Planning Commission would be held to the same policy as the Town Council. This would preclude Commissioners from primarily calling in, as had happened in the past with some previous Commissioners. PAGE 3 OF 3 SUBJECT: DISCUSS THE COMMISSION APPOINTMENTS POLICY 2-11 AND TOWN AGENDA FORMAT AND RULES POLICY 2-01 DATE: FEBRUARY 20, 2019 S:\COUNCIL REPORTS\2019\03-19-19\Commission Appointment Policy\Attachment 1 - Council Policy Committee February 26, 2019 staff report.docx DISCUSSION (continued) If remote meeting participation is allowed staff believes this will reduce the number of Commissioners surrendering their position due to attendance requirements. CONCLUSION: Modifications to the Policies may be necessary following the discussion. COORDINATION: The preparation of this report was coordinated with the Town Manager’s Office and the Town Attorney. FISCAL IMPACT: There is no fiscal impact. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Existing Town Council Commission Appointments Policy 2-11 2. Town Agenda Format and Rules Policy 2-01