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HomeMy WebLinkAboutCouncil Policy No. 200-05B - Ad Hoc Appointments CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Ad Hoc Committee Policy No. 200-5B Appointments Effective Date: 11/03/04 Revised: 9/12/06 Page No. 1 of 9 DEFINITIONS For purposes of this Policy, the term “Ad Hoc Committee” shall have the meaning set forth below: An “Ad Hoc Committee” shall be a committee or board that has a special limited purpose and is established for a limited period of time. Unless otherwise directed, Ad Hoc Committees shall be established by resolution of the City Council. In establishing an Ad Hoc Committee, the City Council will establish the time frame pursuant to which the Committee shall complete its mission which time frame should not exceed 18 months subject to reasonable extensions approved by the City Council. BACKGROUND The City of Lake Elsinore currently has three Ad Hoc Committees: the Redevelopment Advisory Committee, the Electoral Reform Committee, and the Country Club Heights Committee. Former Ad Hoc Committees include the Palm Tree Committee and the Homeless Committee. Within specific areas of responsibility, each advisory body has a primary role of advising the City Council on policy matters or reviewing specific issues as directed by the City Council. The City has adopted a City Council Policy Manual which includes City Council Policy Nos. 100-2 (Code of Ethics), 100-3 (Anti-Discrimination), 200-2 (Open Meetings – Brown Act), and 200-3 (Conflict of Interest) which specified policies are also applicable to all advisory bodies. A copy of these Policies shall be provided to all appointed Ad Hoc Committee members. PURPOSE To define policies and procedures for the appointment by the City Council of members of Ad Hoc Committees. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Ad Hoc Committee Policy No. 200-5B Appointments Page No. 2 of 9 IV. POLICIES AND PROCEDURES APPLICABLE TO AD HOC COMMITTEES A. General; Methods of Selection 1. General. The City Council shall establish an Ad Hoc Committee by resolution. Appointments shall be discussed and made in open session. 2. Method of Selection. Each City Council member shall be entitled to appoint one person to the Ad Hoc Committee. In the event the Committee consists of more than five (5) members, each City Council member shall have an equal number of appointments, with the Mayor appointing the balance of the members. 3. Staff. As each Ad-Hoc Committee is established and members are appointed, the City Council shall make clear what level of staff support is to be provided to the Committee and whether the staff or committee appointed secretary shall be responsible for keeping minutes of Committee meetings. B. Qualifications; Compensation 1. Qualifications. i. The Resolution establishing the Ad Hoc Committee shall specify that members shall be at least 18 years of age and such other qualifications as the City Council deems necessary and appropriate. ii. Members of the City Council, City Commissions or other Ad Hoc Committees are disqualified for membership in any other Ad Hoc Committee. No person shall be a concurrent member of more than one Commission or Ad Hoc Committee; provided, however, that persons serving on multiple commissions or committees as of the date of adoption of this Policy 200-5A shall be exempt from this prohibition CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Ad Hoc Committee Policy No. 200-5B Appointments Page No. 3 of 9 iii. Ad Hoc Committee members shall be permitted to retain membership while seeking any elective office. However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. 2. Compensation. Committee members serve on a voluntary basis without compensation. C. Term Each member appointed to serve on an Ad Hoc Committee shall serve until the Committee completes its mission as determined by the City Council and/or Redevelopment Agency Board. D. Officers The Chair of an Ad Hoc Committee shall be appointed by the Mayor. At the discretion of the Committee, it may appoint a Vice Chair and/or other officers. If the City Council and/or Redevelopment Agency Board have not assigned support staff to assist the Committee in its duties, the Committee shall appoint a Secretary to keep records of Committee meetings. E. Appointments/Oaths 1. The City Council is the appointing body for all Ad Hoc Committees. All members serve at the pleasure of the City Council for designated terms. 2. All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the Council present. 3. Prior to taking office, all members must complete an Oath of Allegiance required by the Article XX, ¶3, of the Constitution of CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Ad Hoc Committee Policy No. 200-5B Appointments Page No. 4 of 9 the State of California. All oaths are administered by the City Clerk or his/her designee. F. Meetings and Officers 1. Agendas/Notices/Minutes i. All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings. Special, cancelled and adjourned meetings may be called when needed, subject to the Brown Act provisions. ii. City staff shall be responsible for properly noticing and posting all regular, special, cancelled and adjourned Committee meetings. iii. Support staff, if any, assigned by the City Manager at the direction of the City Council or Redevelopment Agency Board, shall prepare and distribute agendas and keep minutes of Committee meetings. In the absence of support staff, the Committee officers shall fulfill this role. Copies of all meeting agendas, notices and minutes shall be provided to the City Council, City Manager, City Attorney, City Clerk and other appropriate staff, as requested and shall maintained by support staff in accordance with the City’s adopted Records Retention Schedule. 2. Quorum and Procedures i. A majority of Ad Hoc Committee members shall constitute a quorum and a quorum must be seated before official action is taken. ii. The Chair of each Ad Hoc Committee shall preside at all meetings. The Vice Chair or other designated member CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Ad Hoc Committee Policy No. 200-5B Appointments Page No. 5 of 9 shall assume the duties of the Chair when the Chair is absent. 3. Meeting Locations and Dates i. Meetings shall be held in the Council Chambers or other designated City facilities as noticed. ii. All Ad Hoc Committees shall conduct regular meetings at least once a month. Special meetings may also be scheduled as required by the Ad Hoc Committee. iii. Monthly regular meetings shall have a fixed date and time established by the Ad Hoc Committee. Changes to the established regular dates and times are subject to the approval of the City Council. An exception to this rule would include any changes necessitated to fill a temporary need in order for the Ad Hoc Committee to conduct its meeting in a most efficient and effective way as long as proper and adequate notification is provided to the Council and made available to the public. 4. Other Rules and Procedures Each Ad Hoc Committee may adopt other rules and procedures as it feels necessary to effectively and efficiently accomplish its duties. G. Attendance 1. An Attendance Policy shall apply to all advisory bodies. Provisions of this policy are listed below. i. A compilation of attendance will be submitted to the City Council at least annually listing absences for all Commissions/Committee members. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Ad Hoc Committee Policy No. 200-5B Appointments Page No. 6 of 9 ii. Absences, which result in attendance at less than two thirds of their meetings during the calendar year, will be reported to the City Council and may result in replacement of the member by the Council. iii. Any member who feels that unique circumstances have led to numerous absences can appeal directly to the City Council or appropriate City staff member for a waiver of this policy or to obtain a leave of absence. 2. While it is expected that members be present at all meetings, the chair should be notified if a member knows in advance that he/she will be absent. H. Relationship to Council, Staff and Media 1. Upon referral by the Council, the Ad Hoc Committee shall study referred matters and return their recommendations and advise to the Council. With each such referral, the Council may authorize the City staff to provide certain designated services to aid in the study. 2. Ad Hoc Committees should not become involved in the administrative or operational matters of City departments unless specifically provided in their prescribed powers and duties. Members may not direct staff to initiate major programs, conduct large studies, or establish department policy without approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature. Ad Hoc Committees may not establish department work programs or determine department program priorities unless specifically authorized. The responsibility for setting policy and allocating scarce City resources rests with the City’s duly elected representatives, the City Council. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Ad Hoc Committee Policy No. 200-5B Appointments Page No. 7 of 9 3. Additional or other staff support may be provided upon a formal request to the City Council. 4. The Ad Hoc Committee Chair shall act as the Ad Hoc Committee’s lead representative. Pursuant to Council Policy 400- 6, no Committee Chairperson or member shall prepare or distribute an official press release to the media. Committee members may express personal opinions and comments so long as the member clarifies that his or her statements do not represent the position of the Committee and/or the City Council. I. Council Referrals The City Manager shall transmit to the designated Ad Hoc Committee all referrals and requests from the City Council for advice and recommendations. Ad Hoc Committees shall expeditiously consider and act on all referrals and requests made by the City Council and shall submit reports and recommendations to the City Council on these assignments. J. Recommendations, Requests and Reports As necessary and appropriate, the agenda for the regular City Council meeting will include an item called “Commission/Committee Reports, Announcements and Appointments”. At this time, Ad Hoc Committees may submit recommendations in writing or reports and may request direction and support from the City Council. Such requests shall be communicated to the City Manager in advance so that they may be listed on the agenda. The Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction. K. Public Appearance of Ad Hoc Committee Members When an Ad Hoc Committee member appears in a non-official, non- representative capacity before the public, for example in a Council meeting, the member shall indicate that he or she is speaking only as an CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Ad Hoc Committee Policy No. 200-5B Appointments Page No. 8 of 9 individual. If the Ad Hoc Committee member appears as the representative of an applicant or a member of the public, the Political Reform Act may govern this appearance. In addition, in certain circumstances, due process considerations might apply to make an Ad Hoc Committee member’s appearance inappropriate. Conversely, when a member who is present at a Council meeting is asked to address the Council on a matter, the member should represent the viewpoint of the particular Ad Hoc Committee as a whole (not a personal opinion). L. Removal Appointed officials hold office at the pleasure of the City Council. The City Council may remove a Committee member without notice or a hearing upon a vote of the majority of the City Council. M. Resignations Resignations must be submitted in writing to the City Clerk, who will distribute copies to City Council and appropriate staff. N. Unscheduled Vacancies 1. Notice of unscheduled vacancy; Selection. Whenever an unscheduled vacancy occurs in any Ad Hoc Committee (whether due to resignation, death, termination, or other causes), the City Council member who appointed the Ad Hoc Committee member to begin with shall appoint a replacement member within thirty (30) days of the vacancy. 2. Emergencies. Notwithstanding the foregoing, the City Council may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Ad Hoc Committee Policy No. 200-5B Appointments Page No. 9 of 9 O. Disbanding of Advisory Body An Ad Hoc Committee may be disbanded due to lack of business or other cause upon majority vote of the City Council following a recommendation of the City Council, Committee Chair or appropriate staff. P. Waiver of Requirements In the event compliance with any of the above requirements would seriously interfere with or interrupt the important business of the City, the City Council may, with the approval of four Council members, waive one or more of said requirements. HISTORY Adopted by Minute Action 11/03/04 Amended by Resolution No. 2006-152 9/12/06