Commission Appointment
PREPARED BY: ROBERT SCHULTZ
TOWN ATTORNEY
_______________________________________________________________________________________
Reviewed by: Assistant Town Manager Town Manager Finance
_________________________________________________________________________
MEETING DATE: 03/01/2016
ITEM NO: 7
COUNCIL AGENDA REPORT
DATE: FEBRUARY 17, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: ROBERT SCHULTZ, TOWN ATTORNEY
SUBJECT: APPROVE STAFF RECOMMENDATIONS TO AMEND COUNCIL POLICY
MANUAL 2-11 ENTITLED COMMISSION APPOINTMENTS
RECOMMENDATION
Approve staff recommendations to amend Council Policy Manual 2-11 entitled Commission
Appointments.
BACKGROUND
In 1990, the Town Council adopted Council Policy 2-11 entitled Commission Appointments.
Policy 2-11 addresses such topics as the responsibility and actions of the Town Clerk
Administrator, the Applicant and the Town Council during commission appointments.
Periodically, the Town Council adopted revisions to this Policy, with the last update on April 7,
2015.
DISCUSSION
During the past couple of Commission appointments, issues have surfaced related to the ballot
procedure. Most recently, another issue surfaced regarding the appointment of an Applicant who
has applied to more than one Commission. Staff drafted amendments to Council Policy 2-11 to
address these issues, Attachment 1 is a red-lined version of the current policy on Commission
Appointments and Attachment 2 is a clean version of the revised policy.
The changes to Policy 2-11 proposed by staff clarify the balloting process procedure and also
allow the selection to occur at either a regular, adjourned, or special meeting of the Town
Council. In addition, the proposed changers to Policy 2-11 would require that once an Applicant
is selected to a Commission they are not eligible for any other Commission. These changes
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER STAFF RECOMMENDATIONS TO AMEND COUNCIL POLICY
MANUAL 2-11 ENTITLED COMMISSION APPOINTMENTS
MARCH 1, 2016
DISCUSSION (Cont’d)
will hopefully eliminate the problems and issues that have surfaced during past Commission
appointments.
CONCLUSION:
Approve staff recommendations to amend Council Policy Manual 2-11 entitled Commission
Appointments.
ALTERNATIVES:
1. Not approve staff recommended amendments.
2. Refer the issues to the Policy Committee.
ATTACHMENTS:
1. Redline changes to Policy 2-11
2. Final Proposed Policy 2-11
COUNCIL POLICY MANUAL
Title: Commission Appointments
Policy Number: 2-11
Effective Date: 2/28/90
Pages: 4
Enabling Actions:
Revised Date: 6/13/94; 6/16/14; 4/7/15
Approved:
Small Town Service Community Stewardship Future Focus
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 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 who have
been appointed by the Town Council. (Revised on 4/07/15)
Title: Commission Appointments
Page:
2 of 5
Policy Number:
2-11
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:
Responsibility and Actions: Town 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 Town Clerk Administrator 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
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 the 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. Submissions 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. Once appointed to a Commission by
the Town Council, the Applicant will not be eligible to be appointed to any other
Commission.
4. Applicants
Title: Commission Appointments
Page:
3 of 5
Policy Number:
2-11
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 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 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 Town 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 Town Clerk
Administrator shall advertise mid-term vacancies on Commissions for at least 15 days.
Responsibility and Action: Applicant
1. Complete and submit to the Town Clerk Administrator the application for appointment
to a Town Commission.
2. For adult applicants: Attend the Council meeting to be interviewed for Commission
appointment.
For student applicants: Attend the Council Selection Committee interview session.
Title: Commission Appointments
Page:
4 of 5
Policy Number:
2-11
3. If a Commission member is requesting reappointment to a Town Commission 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.
4. If appointed, prior to starting the Commission term, see Town 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 the Commissioner Handbook.
Balloting Process
Unless determined otherwise, the Town Council shall conduct a hand vote for the appointment of
individuals to fill the vacancy(ies) on Town Commissions. Such hand vote may be conducted at
either a regular, adjourned, or special meeting of the Town Council. The hand vote process shall
be conducted as follows:
1. Prior to the vote, the Town Clerk Administrator shall publicly announce the position
vacancy, all applicant names that are eligible to be selected for appointment and the
number of vacancies;
2. Each Town Council Member shall hand vote for the same number of applicants as there
are current vacancies on the respective Town Commission. In no case, can a Council
Member cast more votes than there are vacancies;
3. Each Town Council Member’s hand shall remain up until the Town Clerk Administrator
publicly announces the name of each Town Council Member and how that Town Council
Member cast their respective vote.
4. Applicants receiving a majority number of votes shall be deemed appointed to the
Commission. In the event of a tie, a run-off hand vote shall be conducted of only 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 Town Council may
determine an alternative method for selecting the appointee(s).
Responsibility and Action: Town Council
1. Review applications.
2. For adult applicants – Interview applicants at a public meeting.
Title: Commission Appointments
Page:
5 of 5
Policy Number:
2-11
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 Town Commission, the Mayor, on
behalf of the Council, may request that the Town Clerk Administrator re-advertise the
vacancy, reschedule the interviews, and notify all applicants of the new interview date.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
N:\MGR\AdminMasters\Policies\Council Policies\2 - Council Operation\2-11 TC Commission Appointments.docx
COUNCIL POLICY MANUAL
Title: Commission Appointments
Policy Number: 2-11
Effective Date: 2/28/90
Pages: 4
Enabling Actions:
Revised Date: 6/13/94; 6/16/14; 4/7/15; 2/16/16
Approved:
Small Town Service Community Stewardship Future Focus
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 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 who have
been appointed by the Town Council. (Revised on 4/07/15)
Title: Commission Appointments
Page:
2 of 5
Policy Number:
2-11
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:
Responsibility and Actions: Town 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 Town Clerk Administrator 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
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 the 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. Submissions 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. Once appointed to a Commission by
the Town Council, the Applicant will not be eligible to be appointed to any other
Commission.
Title: Commission Appointments
Page:
3 of 5
Policy Number:
2-11
4. Applicants
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 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 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 Town 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 Town Clerk
Administrator shall advertise mid-term vacancies on Commissions for at least 15 days.
Responsibility and Action: Applicant
1. Complete and submit to the Town Clerk Administrator the application for appointment
to a Town Commission.
2. For adult applicants: Attend the Council meeting to be interviewed for Commission
appointment.
Title: Commission Appointments
Page:
4 of 5
Policy Number:
2-11
For student applicants: Attend the Council Selection Committee interview session.
3. If a Commission member is requesting reappointment to a Town Commission 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.
4. If appointed, prior to starting the Commission term, see Town 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 the Commissioner Handbook.
Balloting Process
Unless determined otherwise, the Town Council shall conduct a hand vote for the
appointment of individuals to fill the vacancy(ies) on Town Commissions. Such hand vote
may be conducted at either a regular, adjourned, or special meeting of the Town Council.
The hand vote process shall be conducted as follows:
1. Prior to the vote, the Town Clerk Administrator shall publicly announce the position
vacancy, all applicant names that are eligible to be selected for appointment and the
number of vacancies;
2. Each Town Council Member shall hand vote for the same number of applicants as
there are current vacancies on the respective Town Commission. In no case, can a
Council Member cast more votes than there are vacancies;
3. Each Town Council Member’s hand shall remain up until the Town Clerk
Administrator publicly announces the name of each Town Council Member and how that
Town Council Member cast their respective vote.
4. Applicants receiving a majority number of votes shall be deemed appointed to the
Commission. In the event of a tie, a run-off hand vote shall be conducted of only 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 Town Council may
determine an alternative method for selecting the appointee(s).
Title: Commission Appointments
Page:
5 of 5
Policy Number:
2-11
Responsibility and Action: Town Council
1. Review applications.
2. For adult applicants – Interview applicants at a public meeting.
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 Town Commission, the Mayor, on
behalf of the Council, may request that the Town Clerk Administrator re-advertise the
vacancy, reschedule the interviews, and notify all applicants of the new interview date.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney