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Revisions Commission Appointmentstaw x of VII X08 CAt S COUNCIL AGENDA REPORT DATE: JUNE 9, 2014 TO: FROM: MEETING DATE: 06/16/14 ITEM NO: 9 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER SUBJECT: ADOPT REVISIONS TO TOWN COUNCIL POLICY REGARDING COMMISSION APPOINTMENTS RECOMMENDATION: Adopt revisions to the Town Council Policy regarding Commission Appointments as recommended by the Council Policy Committee BACKGROUND: The Town Council adopted a policy regarding Commission Appointments in 1994 (Attachment 1). This policy has not been updated since then, although Town Council practices regarding the recruitment and appointment process have changed over the years. In addition, questions have been raised by Council periodically regarding issues that are not addressed sufficiently in the policy. For these reasons, the Council Policy Committee requested that staff to agendize this matter for its consideration. DISCUSSION: The Council Policy Committee (Committee) discussed the policy at a meeting on April 8 and gave direction to staff to make the following revisions to the policy: Clarify that applicants can only be appointed to one board, commission and committee, except as allowed in the policy. Add language to clarify that applicants may apply to multiple commissions, and will only be considered for those commissions to which they applied. Applicants applying for more than one commission will only be interviewed once. Add language to clarify that submission deadlines are mandatory, and no exceptions are allowed. PREPARED BY: PAMELA JACOBS 0� ASSISTANT TOWN MANAGER Reviewed by: Assistant Town Manager ftlp Town Attorney Finance PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT REVISIONS TO TOWN COUNCIL POLICY REGARDING COMMISSION APPOINTMENTS JUNE 10, 2014 • Add language to clarify that non - incumbent candidates must be present for interviews and that applications of those not appearing will be held for the next recruitment. • Add language to clarify that incumbents who are not available for interviews should submit a letter stating why they are not available and why they should be reappointed. The Council as a whole will determine if the incumbent should be considered for reappointment. Incumbent interviews by telephone may be considered under extraordinary circumstances. • Add language regarding the process for appointment of student commissioners. • Clarify the procedures regarding the notification and advertising of vacancies to be consistent with current practice. Staff made the requested changes, as well as several others to align the policy with current practice. One additional change clarifies that it is Council policy to conduct an annual recruitment, and to only conduct mid -term recruitments under certain circumstances as defined in the revised policy. Attachment 2 is a version of the revised policy incorporating all the changes. Attachment 3 is a red -lined version of the current policy. CONCLUSION: The Council Policy Committee recommends that the Town Council adopt the proposed revisions to the Council Policy on Commission Appointments (Attachment 2) to provide consistency with current practice and to clarify steps in the process. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: There is no fiscal impact associated with revisions to the policy regarding Commission Appointments. Attachments: 1. Current Council Policy on Commission Appointments 2. Draft Revised Council Policy'on Commission Appointments 3. Red -lined Draft of Revised Council Policy on Commission Appointments TOWN COUNCIL POLICY TOWN OF LOS GATOS Subject: Page: Commission Appointments 1 of 3 Approved: Effective Date: 2/28/90 Section Number: Revised Date: 6/13/94 To establish a policy to encourage participation by the Town's residents on Town Boards, Commissions and Committees. Residents will be encouraged to participate on Town Boards, Commissions and Committees by advertising vacancies to Boards , Commissions and Committees for at least 30 days, preparing attractive, easily understood applications, maintaining clear descriptions of the role of each Commission /Board and Committee and Commissioners /Committee and Board Members, and conducting public interviews of all Commission /Board and Committee applicants. OPE This policy applies to all applicants Committee. P LIC to a Town Board, Commission and The Town Council encourages public participation in all decision making. To be successful in achieving public participation, residents must be assured 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. Public interviewing of the applicants by the Town Council demonstrates that the Council values these appointments and that everyone has an equal opportunity to be appointed. To ensure the greatest possible participation by the public, it is the Town's Policy that no person be appointed to two or more Town Boards, Commission or Committees except in those cases where they are ex- officio members of other Boards, Commissions and Committees. This policy does not apply to Boards, Commission and Committee members serving as representatives of their Boards, Commissions and Committees on joint committees such as the Conceptual Review Committee and the General Plan Committee. ATTACHMENTI 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, Boards and Committees: ReWnsi Action 1. Town Clerk a. Notify Town Council of vacancy on Town Commission , Board or Committee by submitting an agenda report indicating name of individual(s), the dates of the term expiring or being vacated, and the name of the Commission , Board or Committee. Include the advertising period (at least 30 days) and indicate the recommended date of interview. (1) If the pending vacancy is to fill an expiring term, the Council report is to be agendized four regular Council meetings prior to the vacancy. (2) if the vacancy is to fill an unexpired term, the Council report is to be agendized at the next regular Council meeting, after the Clerk is notified of the upcoming vacancy. b. Advertise the vacancy as approved by the Town Council. c. Prepare and maintain attractive, easily understood application for appointment to Commissions, Boards and Committees. Application is to include a statement that: (1) Prior to initial appointment to any Commission, Board or Committee the applicant must be interviewed by the Town Council. A.DMndMAN01 A: \COUKCll, \COMMAPPT Rev 6/]3/41) -2- 2. (2) If an applicant is requesting reappointment to a Town Board, Commission or will be reintervie for distribution the interviews, why applicant ca interview. d. Accept applications the applications to the Council packet for appointment. Committee, applicant wed, or submit a letter to the Council prior to describing the reason nnot be present for an and distribute copies of the Town Council with prior to the interviews e. Notify the applicant by letter as to the date and time of the interview. f. After the interviews are completed, notify all applicants of the Council's action, and explain Town policy of keeping application active for two years with notificatio f subsequent openings n o on that commission to the Interested applicants. APPLICANT a. Complete and submit to the Town Clerk the application for appointment to a Town Commission, Board or Committee. ADMINMANDI A: \COUNCIL \COMMAPPT Rev 6/13/94) b. Attend Council meeting to be interviewed for appointment to the Commission, Board or Committee. c. If a Commission, Board or Committee member is requesting reappointment to a Town Commission, Board or Committee and cannot be present for the interview, submit a letter to the Town Clerk by Friday prior to the interview, describing why applicant cannot be present for the interview. d. If appointed, prior to attending next Commission, Board or Committee meeting, see Town Clerk to take "Oath of Office" and file any documents required by the Fair Political Practices Commission, -3- 3. TOWN. COUNCIL APPROVED AS TO DWK:pm ADMINMAN07 A: \COUNCIL \COMMAPPT Rev 6/]3/97) e. Attend next and subsequent Commission, Board or Committee meetings. a. Review applications. b. interview applicants at a public meeting. c. If there are. limited applications for any vacancy to a Town Board, Commission or Committee, 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 inter4ew date. 13 DRAFT COUNCIL POLICY TOWN OF LOS GATOS Subject: Page Commission Appointments 1 of 3 Approvea: Effective Revised Date: 2/28/90 6/13/94 -- / - -/14 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 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 Commission and Commissioners /Committee and Board Members (Commission members), and conducting public interviews of all Commission applicants, except as provided for in this policy. SCOPE This policy applies to all applicants to a Town Boards, Commissions and Committees. POLICY The Town Council encourages public participation in all decision making. To be successful in achieving public participation, residents must be assured 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. Public interviewing of the applicants by the Town Council demonstrates that the Council values these appointments and that everyone has an equal opportunity to be appointed. 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 on joint committees such as the Conceptual Development Advisory Committee and the General Plan Committee. PROCEDURES The following procedures will be followed by the applicant, the Clerk Administrator and the Town Council for the appointment of applicants to Town Commissions: -I- ATTACHMENT 2 DRAFT Responsibility and Action: Clerk Administrator A. Annual Recruitments Commission members' terms begin on January 1, with the exception of the Student Commissioners, whose terms begin on September 1. The Clerk Administrator shall perform the following duties in conducting an annual recruitment for Commission members: Notify Town Council of vacancies on Commissions 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 period (at least 30 days) and the recommended date of interview. 2. Advertise the vacancies, including the application deadline and the interview date, which shall be set for the second Town Council meeting in December. 3. Prepare and maintain easily understood applications for appointment to Commissions. Applications shall include the following policy information: 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 is requesting reappointment to a Town Commission, the incumbent will be re- interviewed, or must submit a letter for distribution to the Council prior to the interviews, describing the reason why applicant cannot be present for an interview and why the applicant should be reappointed to the Commission. Incumbent interviews by telephone may be considered under extraordinary circumstances. c) Submission'deadlines are mandatory; no exceptions are permitted. d) Applicants may apply to multiple Commissions, and will only be considered for those Commissions to which they apply. Applicants applying for more than one Commission will only be interviewed once. 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 prior to the interviews for appointment. 5. Notify the applicant by letter or email as to the date and time of the interview. 6. Facilitate the Council voting process 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. -2- DRAFT 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 staff report for the Town Council to ratify the Committee's appointment at an official Town Council meeting. 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 Town to conduct a mid -term recruitment to fill seats. To the extent possible, the Clerk Administrator will consolidate mid -term recruitments to minimize the number of recruitments occurring though the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid -term recruitment. Mid -tern recruitments will not be conducted for student commissioners: The Clerk Administrator shall advertise mid -term vacancies on Commissions for at least 15 days. Responsibility and Action: Applicant 1. Complete and submit to the Clerk Administrator the application for appointment to a Town Commission. 2. Adult applicants attend Council meeting to be interviewed for appointment to the Commission. Student applicants attend Council Selection Committee interview session. 3. If a Commission member js requesting reappointment to a Town Commission and cannot be present for the interview, submit a letter to the Clerk Administrator by Friday prior to the interview, describing why applicant cannot be present for the interview and why the applicant should be reappointed to the Commission. 4. If appointed, prior to starting the Commission term, see Clerk Administrator to take "Oath of Office" and file any documents required by the Fair Political Practices Commission. 5. Attend Commission meetings once term begins. 6. Read Commissioner Handbook Responsibility and Action: Town Council 1. Review applications. 2. a) For adult applicants — Interview applicants at a public meeting. b) For student applicants — Town Council Selection Committee interviews applicants -3- DRAFT Determine if 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 Town 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. APPROVED AS TO FORM: Robert Schultz, Town Attorney M1 COUNCIL POLICY TOWN OF LOS GATOS Subject: Page Commission Appointments 1 of 3 Approved: Effective Revised Date: 2/28/90 6/13/94 --/--/14 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 will encourage presidents will be eneouraged -to participate on Town Beards, Commissions an Cawanittees Commissions by advertising vacancies on Commissions W Boards, Coffnnissian and C-er»mittees for at least 30 days, preparing attraetive, easily understood applications, maintaining clear descriptions of the role of each Commissio and Commissioners /Committee and Board Members (Commission members), and conducting public interviews of all Commission applicants, except as provided for in this policy. SCOPE This policy applies to all applicants to a Town Board, Commission and Committee. POLICY The Town Council encourages public participation in all decision making. To be successful in achieving public participation, residents must be assured 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. Public interviewing of the applicants by the Town Council demonstrates that the Council values these appointments and that everyone has an equal opportunity to be appointed. 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 0.ve or- morn T&AM Boards, Commission e Psmmi#tmkommission except in those cases where they are ex- officio members of other Boards, Commissions and Committees. This policy does not apply to Beards Commission and Cornrni#ee members serving as representatives of their Boards, Commissions all PammitteesCommission on joint committees such as the Conceptual Review- peyelopment Advisory Committee and the General Plan Committee. PROCEDURES The following procedures will be followed by the applicant, the Town Clerk Administrator and the Town Council for the appointment of applicants to Town Commissions, ae��� Co m3itteesCommissions: -I- ATTACHMENT 3 Responsibility and Action: Toms Clerk Administrator A. a.-Annual Recruitments Commission members' terms begin on January 1, with the exception of the Student Commissioners, whose terms begin on September 1. The Clerk Administrator shall perform the following duties in conducting an annual recruitment for Commission members: 1_Notify Town Council of vacancies on T-o-Am Commission, Board of ConmWeeCommissions indicating the names of the Commissions, the number of terms expiring or being vacated, names of individual(s) with expiring terms or vacating seats, the dates of the term expiring or being vaeated, and the name of the C..,.,.,.issi,,. Board or Committee. ,..hide h advertising period (at least 30 days) and indieate -the recommended date of interview. 2_b-Advertise the vacancies V m Anduding the application deadline and the interview date which shall be set for the second Town Council meeting in December. 3 o­.-Prepare and maintain attmetive, easily understood applications for appointment to — Commissions, Board. and Committee-s. Applications shall is to include the following policy - astateatentinfbrmation4hat: a) Prior to initial appointment to any Commission, Board OF Committee non- incumbent applicants must be interviewed by the Town Council. The annlications of those not annearine will be held for the next recruitment. b) If an incumbent applieant-is requesting reappointment to a Town Beard, Commission ar Cenm}ittee, the incumbent appliearit -will be re- interviewed, or must submit a letter for distribution to the Council prior to the interviews, describing the reason why applicant cannot be present for an interview and why the applicant should be reappointed to the Commission. Incumbent interviews by telephone may be considered under extraordinary circumstances. c) Submission deadlines are mandatory; no exceptions are permitted. d) Applicants may apply to multiple Commissions, and will only be considered for those Commissions to which they apply. Applicants applying for more than one Commission will only be interviewed once. -2- 4_d: a) For adult applicants -- Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council with the Council pack-et-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 prior to the interviews for appointment. e5.: Notify the applicant by letter or email as to the date and time of the interview. 6. Facilitate the Council voting process 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. 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 two -one years 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 staff report for the Town Council to ratify the Committee's appointment at an official Town Council meeting, 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 Town to conduct a mid -term recruitment to fill seats To the extent possible the Clerk Administrator will consolidate mid -term recruitments to minimize the number of recruitments occurring though 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 student commissioners. The Clerk Administrator shall advertises mid -term vacancies on Commissions for at least 15 days. Responsibility and Action: Applicant 1_a: Complete and submit to the Tow Clerk Administrator the application for appointment to a Town Commission, . —Adult applicants "attend Council meeting to be interviewed for appointment to the Commission,- lgeard 2_ or Goniinittee.. Student applicants attend Council Selection Committee interview session. 3_o.If a Commission, Board or Commi member is requesting reappointment to a Town ECommission, B8ard OF C^.....,f.. °° and cannot be present for the interview, submit a letter to the Town -Clerk Administrator by Friday prior to the interview, describing why applicant - cannot be present for the interview and why the applicant should be reappointed to the Commission. -3- THIS PAGE INTENTIONALLY LEFT BLANK