Loading...
HomeMy WebLinkAboutItem 02 Council Operating Policies and Procedures Review AGENDA ITEM SUMMARY Meeting Date: 11/3/2014 Meeting Type: Work Session Staff Contact/Dept.: Amy Sowa/ CMO Mary Bridget Smith/ CAO Staff Phone No: 541.726.3700 541.746.9621 Estimated Time: 15 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Foster an Environment that Values Diversity and Inclusion ITEM TITLE: COUNCIL OPERATING POLICIES AND PROCEDURES REVIEW ACTION REQUESTED: Review the Council Operating Policies and Procedures Section IX regarding Council boards, commissions, committees, and task forces. Provide staff direction on any changes to that section. ISSUE STATEMENT: How should the Council’s Operating Procedures reflect their intent to appoint a diverse range of persons to City Boards, Commissions and Committees while acknowledging incumbent committee members who are being appointed for their second term or have served the City by participating in multiple boards, committees and commissions? ATTACHMENTS: Attachment 1: Current Council Operating Policies and Procedures Section IX (highlighted) Attachment 2: Options for Proposed Changes DISCUSSION/ FINANCIAL IMPACT: On January 21, 2014, Council amended the Council Operating Policies and Procedures, Section IX, subsections 3.10 and 3.11 regarding appointment to Council boards, commissions, committees and task forces. This amendment was to encourage new membership on the many City boards, commissions and committees, opening up the opportunity to a broader range of citizens. Since adoption of that section in the Council Operating Policies, there have been two processes to fill vacancies on a Board in which the incumbents were also elected officials of other agencies. There was confusion about applying the new policy to those recruitments so Council asked to review Section IX in order to provide clarification. Options for how that section can be clarified are being presented for Council discussion and consideration. SECTION IX - COUNCIL BOARDS, COMMISSIONS, COMMITTEES AND TASK FORCES (1) Establishing City Boards, Commissions, Committees and Task Forces. 1.1) Springfield's boards, commissions, committees and task forces provide an invaluable service to the City. It is because of their detailed study, action and recommendations that many successful City programs exist today. Effective citizen participation is an invaluable tool for local government. 1.2) Boards, commissions, committees and task forces originate from different sources. Some are established by State statute, Charter provision, or ordinance. Others are established by direction of the City Council or the Mayor. It is Council discretion as to whether or not any advisory body should be set forth in the Code by ordinance. 1.3) Springfield's boards, commissions, committees, and task forces bring together citizen viewpoints which might not otherwise be heard. Persons of wide-ranging interests who want to participate in public service but not compete for public office may choose to be involved in advisory boards, commissions, committees and task forces instead. These bodies also serve as a training ground or stepping stone for qualified persons who are interested in seeking elected public office. They also help fulfill the goals of the City’s adopted Citizen Involvement Program to have an informed and involved citizenry. 1.4) As Springfield boards, commissions, committees and task forces have been formed and reformed throughout the years, the adoption of uniform rules of procedure has become necessary to assure maximum productivity. The following policies govern the City's boards, commissions, committees and task forces. Some of these advisory groups may have more specific guidelines set forth by ordinance, resolution, by-laws or, at times, State law. (2) Structuring Boards, Commissions, Committees and Task Forces 2.1) Every board, commission, committee or task force, when it is formed, will have a specific statement of purpose and function, which will be re-examined periodically by the Mayor and City Council to determine its effectiveness. This statement of purpose is made available to all citizen members when they are appointed. 2.2) Unless otherwise provided by state law, the size of each board, commission, committee or task force is determined by the Mayor for Mayor's committees and task forces including those specified by Charter and by the Council for Council boards, commissions and committees. The size is related to its duties and responsibilities. Another determination to be made prior to formation is the cost impact for staffing a proposed board, commission, committee or task force. 2.3) At the first regular meeting in January following a November general election, the Mayor appoints City Councilor liaison members to certain City boards, commissions, committees and task forces. If the Council is in disagreement, however, they may overrule appointment if it is a Council representative. The City Councilor liaison member is responsible for coordinating with the respective City Council liaison designated by the board, commission, committee, or task force to establish a regular communication channel between the City Council and the respective board, commission, committee or task force. Attachment 1, Page 1 of 5 2.4) A complete list of members of the City's various boards, commissions, committees and task forces is available in the City Manager's Office. It will be updated and provided to the Mayor and City Council members upon request. (3) Appointing Board, Commission, Committee and Task Force Members: Definitions, Nomination and Appointment. 3.1) Council Subcommittees - Three Councilors: Council subcommittees appointed by the Mayor. Consists of three members of the Council and may include other citizen representation. Judiciary Finance Legislative 3.2) Council Boards, Commissions, Committee: Boards, commissions and committees of the Council or as required by Federal or State law. Nominated by the Mayor or Council, appointed by the Council. 3.3) Mayor's Committees/Task Forces: Committee or task force nominated and appointed by the Mayor to carry out a particular project or task. The Mayor may request Council to accept as a permanent committee at such time deemed necessary or dissolve the committee or task force. The term would be for the completion of the particular project or task. 3.4) Intergovernmental Committees: Boards, commissions and committees formed as a joint effort of more than one government agency. Many of these committees are through cooperative agreement. Others are by Council or staff choice to represent the City of Springfield. Nominated by the Mayor or Council and appointed by the Council. 3.5) Other Ad Hoc Committees/Task Forces: The Council may nominate and appoint certain ad hoc committees or task forces to carry out a particular project or task. The term would be for the completion of the particular project or task. 3.6) Council- Officially Recognized- Neighborhood Groups: Springfield Code, Section 2.650, sets forth a procedure to be used for formation of neighborhood groups to be officially recognized by the City Council. 3.7) Vacancies on boards, commissions, committees or task forces shall be filled as needed throughout the year as vacancies occur. Notice of vacancies shall be faxed or emailed to media throughout the community and may also be publicized by display ad placed in the local newspapers. [All vacant positions will be publicized as widely as practical throughout the community.] All persons interested in being considered for appointment to any of the City's various boards, commissions, committees and task forces shall submit an application, on a form provided, to the City Manager's Office prior to formal consideration by the Council. 3.8) The Mayor and Council will hold formal interviews of applicants for positions on the Budget Committee, Planning Commission and Metropolitan Wastewater Management Commission. A recommendation from these bodies is not necessary although they may have a representative present to participate in the interview process. For all other positions, the respective board, commission and committee shall present their top one or two candidates to the City Council. The Council will then hold formal interviews for the top candidate(s). The process for appointments shall be as follows: Attachment 1, Page 2 of 5 a) For instances when interviews are required, the Mayor and Council will meet for interviews at a work session. The council is provided with an agenda item summary packet that contains standard questions to ask candidates. Prior to interviews, additional questions may be developed by the Mayor and Council at the direction of the Council President or Mayor. b) Each candidate will be asked the same set of questions during the interview, however questions may also be asked to follow up on an interview question or to clarify information in the application. c) Following the interviews, the Council will discuss the candidates and attempt to arrive at an appointment by consensus. If the Council cannot reach consensus, then a written vote will be taken. If a tie vote occurs, the Mayor will vote to break the tie. If multiple vacancies exist, the appointments will be made one at a time and the vacancy with the longest outstanding term shall be appointed first. d) The appointment will be ratified at the following regular meeting. e) City staff will call the candidates with the outcome of the appointment and follow-up letters of appointment and thank you will be sent with the Mayor's signature. 3.9) Unless appointees are representatives of other requested Springfield public agencies, or otherwise noted in bylaws for specific expertise or residency requirements, all persons appointed shall be residents or property owners within Springfield. All appointees must also be registered voters, with the exception of student appointees. 3.10) When possible, the Council will not appoint people currently serving on another governing body. 3.11) When possible, the Council will appoint people to serve on one City board, commission or committee only. 3.12) Unless otherwise provided by law or Council approved bylaws, citizen positions on boards, commissions, committees or task forces shall be for four-year, overlapping terms of office with no individual allowed to be appointed to more than two consecutive full terms. One may re-apply after being off a board, commission, committee or task force for one year. 3.13) There shall be no designation or appointment of alternate voting members. 3.14) Newly appointed members will receive a briefing by the board, commission, committee or task force chairperson or staff liaison regarding duties and responsibilities of the members of the body. This will include a review of the conflict of interest laws for members of the Planning Commission or any commission or committee dealing in land use decisions. (4) Dissolving Boards, Commissions, Committees and Task Forces 4.1) Unless otherwise provided by law, the appointing authority may dissolve any board, commission, committee or task force that, in their opinion, has completed its working function. (5) Board, Commission, Committee and Task Force Operating Policies Attachment 1, Page 3 of 5 5.1) All meetings of boards, commissions, committees and task forces that are formed to make a recommendation to the Council are subject to public meetings laws of the State of Oregon. 5.2) Unless otherwise provided by law, the number of meetings related to business needs of the board, commission, committee or task force may be set by the individual body. Notices of all meetings, including date, time, place and principal subjects to be discussed will be published in accordance with the public meetings laws of the State of Oregon. 5.3) For those boards, commissions, committees or task forces having bylaws, all by-laws and amendments will be approved by the Mayor and/or Council. 5.4) The chairperson or staff liaison (if assigned) will be responsible for the agenda of all meetings of boards, commissions, committees and task forces. They will also assure that minutes are kept of all meetings in accordance with the public meetings laws of the State of Oregon. 5.5) All appointees serve at the pleasure of the appointing authority. A position shall be vacated by the Council when the appointee has two or more consecutive unexcused absences from the board, commission or committee meetings in any twelve consecutive month period. 5.6) A quorum for conducting business is a simple majority of the membership of the board, commission or committee. 5.7) All members of advisory bodies should be aware of the need to avoid any instance of conflict of interest. No individual should use an official position to gain a personal advantage. Additionally, certain public officials are required to file "Statements of Economic Interest" with the Oregon Government Ethics Commission by April 15 annually (ORS Chapter 244). In Springfield, this currently applies to the following: Mayor and City Council Planning Commission Springfield Community Development Board Others: Springfield Utility Board Municipal Judges City Manager Further information about filing requirements may be obtained through the City Recorder. 5.8) Unless specifically directed by the City Council to state the City's official position on federal, state or county legislative matters, no lobbying before other elected bodies or subcommittees thereof will be undertaken by members of boards, commissions, committees or task forces. An individual member is free to voice a position on an issue as long as it is made clear that he/she is not speaking as a representative of the City of Springfield or as a member of his/her board, commission, committee or task force. (6) Communicating with the Mayor and Council 6.1) Each year, each board, commission, committee or task force shall designate one member to serve as liaison with the City Council. The board member liaison shall coordinate with the City Attachment 1, Page 4 of 5 Councilor liaison to establish regular communication regarding upcoming City Council meeting agenda items and of Council decisions that are of interest to these advisory bodies. 6.2) Board member liaisons, particularly, and members of advisory bodies, in general, are encouraged to attend City Council meetings to keep abreast of Council actions. Board member liaisons are responsible for attending Council meetings when input from the respective board, commission, committee or task force is requested. Such meeting attendance will be coordinated by the City Councilor liaison. 6.3) The Mayor and City Council will transmit referrals for information or action through the City Council liaison member responsible for that particular board, commission, committee or task force. Boards, commissions, committees and task forces transmit findings, reports, etc., to the Mayor and City Council through their board member liaison. Such transmittals of information shall be coordinated between the City Councilor liaison and the board member liaison. 6.4) The board member liaison for the Arts Commission, Historic Commission, Library Board, and Police Planning Task Force shall be responsible for scheduling a joint meeting of the respective board and the City Council every two years. The board member liaison for the Planning Commission shall be responsible for scheduling a joint meeting with the City Council annually. 6.5) Boards, commissions, committees and task forces that do not have City Councilor liaison members will transmit findings, reports, etc. to the Mayor and City Council through the City Manager's Office as needed. These advisory boards, commissions, committees and task forces will be informed of City Council actions that are of interest to them through the City Manager's Office. 6.6) While the City staff's role is one of assisting the boards, commissions, committees or task forces, City staff members are not employees of that body. City staff members are directly responsible to their department director and the City Manager. 6.7) Boards, commissions, committees and task forces will channel any budget request to the City Council through the City Manager consistent with the yearly budget preparation calendar. Boards, commissions and committees will receive copies of the City of Springfield's approved operating budget each year upon request. ** These policies shall supersede contrary provisions of any previous resolutions or adopting by- laws of the various boards, commissions, committees or task forces and shall be controlling policies for any subsequently adopted board, commission, committee, or task force operational documents until such time as expressly repealed, modified, or overruled. Attachment 1, Page 5 of 5 Council Operating Policies and Procedures Section IX Council Boards, Commissions, Committees and Task Forces Option for proposed changes: 1 Make no changes to the current language 2 Edit 3.10 and 3.11 Sample language: 3.10 When possible, the Council will not appoint try to avoid appointing people currently serving on another governing body. 3.11 When possible the Council will appoint people to serve on one City Board, commission or committee only try to avoid appointing people to serve on more than one City board commission or committee. 3 Add language giving preference to or acknowledging incumbents: When appointing people to a City board, commission or committee the Council shall give preference to candidates asking to be reappointed for a subsequent term. When appointing people to a City board, commission or committee the Council shall take into account candidates asking to be reappointed for a subsequent term. 4 New language to address all issues in one section When appointing people to a particular City board, commission or committee, the Council shall take into account whether that person is being reappointed for a subsequent term, is currently serving on another governing body or currently appointed to another City board, commission or committee. When appointing people to a particular City board, commission or committee, the Council shall give preference to a candidate that is being reappointed for a subsequent term but avoid appointing a candidate that is currently serving on another governing body or appointed to another City board, commission or committee. Attachment 2, Page 1 of 1