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Adopt Requirement Quorum B&C1 wx of MEETING DATE: 06/02/14 ITEM NO: 1l cos �AtoS COUNCIL AGENDA REPORT DATE: MAY 22, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION ESTABLISHING THE REQUIREMENTS FOR A QUORUM AT TOWN BOARDS, COMMISSIONS AND COMMITTEE MEETINGS RECOMMENDATION: Adopt resolution establishing the requirements for a quorum at Town Boards, Commissions, and Committee meetings. BACKGROUND: Each Town board and commission has an enabling resolution setting forth the terms and conditions for the appointment and conduct of the board or commission (commission). In all cases, the resolutions set forth the number of members that constitutes a quorum. That number is one more than half the number of seats on the commission, although this formula is not stated in the resolution. DISCUSSION: The Town's current practice regarding recruitment for commission members is to conduct recruitments once a year in the Fall prior to the ending of terms (or in the Spring for student commissioners). On occasion, recruitments occur at other times of the year when the number of vacancies on a commission impacts the commissions' ability to conduct business. Interim period vacancies on the Planning Commission are typically filled when they occur given the high level of responsibility of this commission. PREPARED BY: PAMELA JACOBS Assistant Town Manager Reviewed by: n/a Assistant Town Manager ?Town Attorney Finance N:\P.fMManagement Staf}\PJacobs \Council Reports \Commission quorum staff report.doc PAGE MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION ESTABLISHING THE REQUIREMENTS FOR A QUORUM AT TOWN BOARDS, COMMISSIONS AND COMMITTEE MEETINGS MAY 22, 2014 At times when vacancies occur leaving the number of filled seats at or near the required quorum, commissions may not be able to conduct business if commissioners are absent. In these cases, it would be desirable for the commission to still be able to operate until the vacancies are filled (either in the interim period or during the year -end recruitment). For this reason, staff recommends that the enabling resolutions for all commissions be changed to define a quorum as the majority of filled seats, rather than the majority of all seats on the commission. This issue has been discussed with most of the commissions, and they are supportive of this approach. The commissions would continue to have the option of requesting a mid -term recruitment if needed, but would be able to conduct business in the interim period. Rather than bringing all enabling resolutions forward for Council consideration, staff recommends adopting the attached single resolution that would supersede the quorum requirements in all enabling resolutions for Town Boards, Commissions, and Committees. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: There is no fiscal impact associated with changing the definition of a quorum for Town boards and commissions. Attachment: Resolution Establishing the Requirements for a Quorum at Town Boards, Commissions and Committee Meetings RESOLUTION 2014 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING THE REQUIREMENTS FOR A QUORUM AT TOWN BOARDS COMMISSION AND COMMITTEE MEETINGS WHEREAS, this resolution supersedes all previous resolutions related to quorum requirements for Town Boards, Committees, or Commissions; and WHEREAS, the Town Council relies on Town Boards, Committees and Commissions to provide advice and information on subjects within their purpose and scope; and WHEREAS, .Town Boards, Committees, and Commissions must establish a quonun in order to conduct business; and WHEREAS, in order to establish a quorum, Town Boards, Committees and Commissions must have a majority of members at the meeting, regardless of vacancies; and WHEREAS, the current policy for establishing a quorum at Town Boards, Committees and Commissions has occasionally made it difficult for Town Board, Committees and Commissions to establish a quorum and conduct business because of vacancies; NOW, THEREFORE, BE IT RESOLVED, by the Town Council that the Town of Los Gatos hereby declares that the number of members needed to constitute a quorum on any Town Board, Committee and Commission shall be a majority of the total number of filled seats. PASSED AND ADOPTED at a _ Gatos, California, held on the day of vote: meeting of the Town Council of the Town of Los 200_ bythe following COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\MGR\AdminWorkFiles\2014 Council Reports\June 2 \6 -2 -14 Commission Quorum Resolution.doc