Item 9-C
Council Meeting - October 13, 1998
To: Mayor and City Council
From: City Staff
Subject: Recommendation to direct staff to prepare a resolution addressing various policy issues for City-appointed boards and commissions including, but not limited to, establishing term limits for board and commission members
INTRODUCTION
This staff report responds to City Council direction for staff to develop an appropriate mechanism to refine the general policy of term limits for all boards and commissions.
The report also responds to Council direction to the City Clerk to return with a proposed policy enabling the City Clerk to work with commissions and advisory bodies to assure compliance with Brown Act requirements, conflict of interest laws, parliamentary procedures and to achieve uniformity in the preparation of agendas and minutes.
DISCUSSION
General Policy for Term Limits
There are two issues relative to term limits. One is term limits for appointments made to annual vacancies for which the initial appointment is usually a full term. The second is appointments made to unscheduled vacancies and the question of whether the appointment should or should not be considered a complete term, depending on how much of the term for the unscheduled vacancy remains to be served.
Annual Appointments:
Council Resolution No. 4626(CCS) copy attached, provides that members of boards and commissions established by the City Charter shall serve at the pleasure of the City Council not to exceed two regular terms on each such board or commission. Generally, Council has followed the same policy for non-Charter created boards and commissions.
At Council's request, staff asked each board and commission to agendize the discussion of term limits. The results of these discussions are contained in Exhibit A. Below is a summary of that input.
Limit to two consecutive terms:
Architectural Review Board
Bayside District
Commission on Older Americans
Planning Commission
Recreation and Parks Commission
Social Services Commission
Limit to two consecutive terms, plus a possible additional term:
Airport Commission
Arts Commission
Landmarks Commission
Library Board (Possible additional term for other boards, but not for the Library)
Limit of two consecutive terms, plus possible reappointment after break in
service:
Convention and Visitors Bureau
Personnel board
Maximum of five terms:
Building and Safety Commission
No term limit:
Commission on the Status of Women
Housing Commission
The Pier Restoration Corporation is not included in this survey. Council directed staff to discuss term limits with the Corporation during negotiations of the modification of the service agreement.
Based on the responses of boards and commissions, staff suggests setting a policy limit of two consecutive terms, with possible additional consecutive terms, requiring a two-thirds vote of the Council.
Appointments to unscheduled vacancies:
Current policy based on practice in appointing candidates to unscheduled vacancies is that the initial appointment to the unfinished term, regardless of the time left to serve, is not considered a full term and allows the appointee to be eligible for two full-terms once the unfinished term expires. Although this practice is accepted by staff, the City Council and the appointees, it sometimes creates inequity with the process for appointing to annual vacancies. For many and varied reasons, appointments to annual vacancies are sometimes not made for several months after the vacancy has occurred. The result is that an appointee to an annual vacancy may actually serve, for example, only three years out of a four-year term and be eligible for only one reappointment. However, an appointee to an unscheduled vacancy may serve three years of an unfinished term and still be eligible for two additional terms.
Staff suggests that Council consider making a policy decision that serving either 2/3 or 3/4 of any term for an annual or unscheduled vacancy be considered a full term. If less than 2/3 or 3/4 (whichever is selected) of the time remains to be served on the term, that it be considered a partial term.
Appointments to outside regional advisory bodies:
The City Council appoints one representative each to the Los Angeles County West Vector Control District, the Metropolitan Cooperative Library System Advisory Board and the Los Angeles County Metropolitan Water District.
The bylaws of the L.A. County West Vector Control District establishes an initial two-year term with following terms for two or four years, at the discretion of the City Council. It is silent on the matter of term limits.
The bylaws of the Cooperative Library System include a two-term limit for regular membership and an option to serve an additional two-terms as an alternate member, or vice-versa.
Although the Los Angeles County Metropolitan Water District provides for an indefinite term for appointees, the appointing body may, by ordinance, establish limits for one term of four years.
Staff recommends that Council, in the proposed resolution, acknowledge and confirm the existing term limit policy for these regional advisory bodies.
Double Membership:
Resolution No.6850 (CCS), adopted on April 10, 1984, resolves that no person shall serve on more than one board, commission or corporation, the membership of which is entirely appointed by the City Council, with the exception of Building and Safety Commission, Electrical Board of Appeals ( sunsetted on October 14, 1997) and Plumbing and Mechanical Board of Appeals (also sunsetted on October 14, 1997). The resolution provides that Council waive the requirements of the resolution upon the vote of two-thirds of the majority. Staff recommends that Council, in order to have as much
board/commission-related policy in one document, incorporate this policy into the new proposed resolution and repeal Resolution No. 6850.
Joint Meeting with Boards and Commissions
Rule 28 of Resolution No. 8525 (Rules of Order and Procedure for the Conduct of City Council Meetings) provides that Council shall meet with individual Boards and Commissions at least once per year, calendared in Council's agenda as a study session.
Staff proposes that Rule 28 be deleted from Resolution No. 8525 and incorporated into a new resolution establishing the annual Boards and Commissions dinner as the meeting date and place, and that each commission's Chair, or a designee, report on projects accomplished during the current year and on goals established for the next year.
Communications by Boards and Commissions
Rule 29. of the above-referenced resolution provides that no board or commission transmit an official communication without prior approval of the City Council. Staff recommends that Rule 29 be deleted from Resolution No. 8525 and be incorporated into a new resolution as recommended by this staff report.
Agendas and Minutes
During the last fiscal year, the City Clerk's office has reviewed the agendas and the minutes of each Council-appointed board and commission. After each review staff contacted each commission chair and liaison in writing, and advised of suggested changes and/or improvements needed on both documents relative to Brown Act compliance, proper disclosure to the public, parliamentary procedure and uniformity of preparation.
Staff proposes that Council direct the City Clerk, via a resolution, to continue biannual review of agendas and minutes and to provide input and suggestions to commissions, as needed. Staff also proposes that Council direct the City Clerk to distribute to commission Chairs and staff liaisons a generic agenda format (Exhibit B) and a generic sample of action-based meeting minutes (Exhibit C) as guidelines for the preparation of these documents.
Finally, questions are directed to the City Clerk and/or the City Attorney on a regular basis on parliamentary procedure and proper conduct of meetings for the various boards and commissions. Some commissions have adopted by-laws and some have not. The by-laws that have been adopted do not necessarily address every situation or answer every question that arises during the normal course of a meeting. To provide some general guidelines for the conduct of board/ commission meetings, it is suggested that Resolution No. 8525 (CSS), Rules of order and procedure for the conduct of Council meetings," and its successor(s) resolutions(s) be incorporated by reference into the resolution recommended by this staff report.
Staff recommendation:
It is recommended that Council direct staff to prepare a new resolution:
Prepared by: Maria M. Stewart, City Clerk
Attachments: Resolution No. 4626 (CCS)
Exhibit A - Board & Commission responses
Exhibit B - Generic Agenda
Exhibit C - Generic Minutes
Accessibility Appeals Board Staff advised this Board last met on December 9, 1996. Please see comments from Building and Safety Commission.
Airport Commission The Airport commission unanimously approved a motion to recommend that for the purpose of the Airport commission, a third term be approved in the instance of five affirmative votes by the City Council, making it more then a simple majority.
Architectural Review Board Unanimously agreed on a two-term limit.
Arts Commission Unanimous decision to keep the term limits recommended in the 1996 Cultural Arts Master Plan Update, i.e., four years with one possible reappointment.
Bayside District Majority of Directors agreed to uphold a two-term limit for three-year terms.
Building and Safety Commission Member Youseff: Maximum of five (5) terms. Professional non paid commission continuity of service is an important issue. Possibly a longer term would establish this. Member Benjamin: " . . . because we meet so infrequently, I am not sure term limits will accomplish much more than the current periodic replacement of members who resign." Staff advised that it has been over one year since the Board had met and that currently there were no items for the Board to consider.
Commission on Older Americans Voted to recommend boards and commissions have a two-term limit.
Commission on the Status of Women Unanimously agreed to go on record opposing term limits for boards and commissions.
Convention and Visitors Bureau Term limits are an essential and necessary policy for the management and implementation of programs and objectives for any effective organization. It is essential that new leadership be continually developed and rotated, that new ideas and points of view be introduced, that officer positions be constantly rotated, and that organization is looked upon as being welcoming of a broad base of ideas and constituents. The need for historical consistency is relatively easy to achieve through adequate record keeping and by having guest or ex-officio past board members invited to fulfill that need. The CBV has long held and carefully carried out to the letter the term policy which has been in place since our inception in 1983. The board members are allowed to serve two consecutive terms of three-years each. It is however, possible to be reappointed to the board after a break in service, although this has only rarely been used.
Housing Commission After discussion, the Housing Commission concluded that it was not in the best interest of the City to force experienced members to leave City Boards and commissions. The Housing Commission was unanimously in favor of changing the current policy and doing away with term limits.
Landmarks Commission Discussed extending term limits for qualified members since seats are difficult to fill. Voted unanimously that Council should have flexibility and discretion to modify (extend) term limits by a majority vote on any open seat. Did not specify the length of any extension.
Library Board Voiced support for two-term limit for all boards and commissions. Suggested a built-in flexibility to cover extraordinary circumstances, such as a temporary extension past two terms when special expertise is required and there is no candidate available with such expertise.
Personnel Board Recommends to Council that both Charter and Non-Charter boards and commissions be limited to two consecutive terms, with reappointment being possible again after a one-year break in service.
Pier Restoration Corporation Council directed staff to discuss term limits with the Corporation during negotiations of the modification of the service agreement.
Planning Commission Support the current two-term limits imposed by Council resolution.
Recreation and Parks Commission There should be a uniform system across all commissions (term limits should be consistent and possibly the number of commissioners should also be the same for all commissions). There should be a limit of two four-year terms in order to encourage broad-based involvement in civic affairs. "New faces" are essential to stimulate new ideas and prevent the perception that city Boards and commissions are closed groups that do not invite and encourage new people to participate.
Social Services Commission As reflected in the minutes of May 27, 1998, Commissioners agreed upon two 4-year terms for commissioners.