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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