Attachment 1
PREPARED BY: SHELLEY NEIS
Clerk Administrator ATTACHMENT 1
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: 01/22/2018
ITEM NO: 3
DATE: JANUARY 17, 2018
TO: TOWN COUNCIL POLICY COMMITTEE
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DISCUSS THE COMMISSION APPOINTMENTS POLICY 2-11 IN RELATION TO
COMMISSIONER QUALIFICATIONS, INTERVIEWS, AND INCUMBENT TERM
REAPPOINTMENTS
RECOMMENDATION:
Discuss the Commission Appointments Policy in relation to Commissioner qualifications ,
interviews, and incumbent term reappointments.
BACKGROUND:
The Committee previously discussed term limits for Commissioners at the September 7, 2017
Committee meeting and directed staff to bring the item to Council for discussion to determine
if there is interest.
DISCUSSION:
Staff continues to evaluate and identify areas of the Town Council Commission Appointments
Policy (Attachment 1) that may need to be clarified. As questions and unintended
consequences arise that may not be fully addressed in the Policy, staff is looking for the
Committee’s input and guidance. Based on the direction of the Committee, staff would return
to the Committee in February with a red-line of the Policy to reflect the proposed changes.
Reappointments
After the November 2017 appointments were made, staff received input from the publi c
requesting the Committee address reappointments.
The current Policy identifies the process for assigning term length (page 5 of the Policy):
1. If there are unfulfilled vacancies, term limits for appointed applicants will be determined
by the number of votes each applicant receives (i.e. highest vote gets the longest term,
for tie votes lots will be drawn).
PAGE 2 OF 4
SUBJECT: DISCUSS THE COMMISSION APPOINTMENTS POLICY 2-11 IN RELATION TO
COMMISSIONER QUALIFICATIONS, INTERVIEWS, AND INCUMBENT TERM
REAPPOINTMENTS
DATE: JANUARY 17, 2018
S:\COUNCIL REPORTS\2018\02-06-18\Commission Appointments Policy\Attachment 1 - Council Policy Committee January 22, 2018 staff
report.docx
In assigning term lengths, the Policy currently does not differentiate between reappointments
of incumbent applicants and newly appointed applicants. Currently, the number of votes each
applicant receives by the Town Council determines the length of the term assigned when there
are unfilled terms and full terms to be filled. In the case of a tie (i.e. all applicants receive the
same number of votes and there are full terms and unfilled terms), lots are drawn to determine
the assignment of terms).
The suggested modification received from the public was that all applicants being reappointed
should be assigned a full term.
Application and Interview Process
The Town has been fortunate in the past few years to have ample applicants for most
Commissions. The Policy currently states that all applicants must fill out an application and be
interviewed, including incumbents. With the large number of appli cants, this requires a
significant amount of allotted time for interviews and typically only allows a brief interview of
each applicant.
Staff suggests allowing incumbents who are reapplying for the same Commission to submit a
letter of why they desire to be reappointed in place of being interviewed and the formal
application. 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 . This would reduce
the amount of time required to conduct the interviews and allow for longer interviews for new
applicants.
There have been instances in the past when an incumbent who has surrendered office (typically
due to absences) and reapplies for the same Commission, but is unable to make the interview
date. In this case, should the Town accept a letter or are they ineligible for that interview?
Staff is requesting guidance.
Commissioner Qualifications - Registered Voter
During the most recent recruitment process, several members of the public asked if non-
registered voters and persons holding a Visa or Green Card were eligible to apply. The Town
does not require applicants to be registered voters or citizens . Applicants are required to live
within the incorporated limits of the Town, with the following Town Commissions having
additional specific required or demonstrated qualifications :
Arts & Culture Commission: one adult member must be an art professional.
Building Board of Appeals: experience and training in matters of building construction
and building service equipment.
Historic Preservation Committee: demonstrated interest, competence, or knowledge in
historic preservation.
PAGE 3 OF 4
SUBJECT: DISCUSS THE COMMISSION APPOINTMENTS POLICY 2-11 IN RELATION TO
COMMISSIONER QUALIFICATIONS, INTERVIEWS, AND INCUMBENT TERM
REAPPOINTMENTS
DATE: JANUARY 17, 2018
S:\COUNCIL REPORTS\2018\02-06-18\Commission Appointments Policy\Attachment 1 - Council Policy Committee January 22, 2018 staff
report.docx
Personnel Board: members cannot hold a public office or be employed by the Town.
Planning Commission: demonstrate knowledge of the Town Code and its land us e and
planning policies.
Several jurisdictions have done surveys in recent months to ascertain if any jurisdictions require
Commissioners to be registered voters and/or citizens (Attachment 2 has the detailed results of
a recent survey).
Registered Voter: Yes No
15 13 (three with exceptions)
Citizen: Yes No Not Addressed
11 11 3
Staff is asking the Committee to discuss if this topic should be added in the Town’s Policy.
Conflict of Interest
Under State Law, a Board, Committee Member or Commissioner does not have a conflict of
interest even though that person is a board member, director, officer , or employed with a
nonprofit corporation simply by virtue of the position. However, if the Commissioner receives
payments from the nonprofit, such as a salary, stipend , or meeting fees, the nonprofit would be
a source of income provided he or she received more than $500 in the previous twelve months.
If a Commissioner is compensated by a nonprofit, a governmental decision will have a
reasonably foreseeable financial effect on the person’s financial interest in the nonprofit and
the person must recuse himself or herself.
Staff recommends that Commissioners that are a board member, director, officer or employed
with a nonprofit corporation, even if they do not receive a source of income, recuse themselves
from the discussion and recommendation decision. This would hold Town Commissioners to a
higher standard than state law.
Alternates
The Committee has previously briefly discussed the merits of alternates and staff is requesting a
more in depth discussion. Given the amount of resignations and surrendered offices during the
past year, a few Commissions were left with three members. Staff is recommending that
appointment of alternates be considered.
Applicants who recently interviewed, but who were not appointed, could be appointed either
as an alternate to the Commission they applied for, or appointed to an applicant “pool” that
staff would utilize to fill unexpected vacancies until the next recruitment process. Applicants
who received a minimum of three votes would be placed on the list and the alternates woul d
PAGE 4 OF 4
SUBJECT: DISCUSS THE COMMISSION APPOINTMENTS POLICY 2-11 IN RELATION TO
COMMISSIONER QUALIFICATIONS, INTERVIEWS, AND INCUMBENT TERM
REAPPOINTMENTS
DATE: JANUARY 17, 2018
S:\COUNCIL REPORTS\2018\02-06-18\Commission Appointments Policy\Attachment 1 - Council Policy Committee January 22, 2018 staff
report.docx
be ranked by the number of votes that were received. In the event of a tie, lots would be
drawn. If an applicant pool is formed, a Commission that has a vacancy with specific
qualifications would have a separate list of alternates if available.
CONCLUSION:
Modifications to the Policy 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. Survey of registered voter/citizen requirements
3. Public comment