Loading...
HomeMy WebLinkAbout4.12 Heritage & Cultural Arts Bylaws Amendor 19 82 /ii � 111 DATE: TO: STAFF REPORT CITY COUNCIL June 7, 2016 Honorable Mayor and City Councilmembers CITY CLERK File #110 -20 FROM: Christopher L. Foss, City Manager " SUBJECT: Heritage and Cultural Arts Commission Bylaws Amendment Prepared by Tegan McLane, Cultural Arts and Heritage Manager EXECUTIVE SUMMARY: The Heritage and Cultural Arts Commission is proposing a change in wording of the Heritage and Cultural Arts Commission Bylaws that outline responsibility pertaining to heritage - related matters. FINANCIAL IMPACT: 1101 RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Adopting the amended and restated Bylaws and Rules of Procedure for the Heritage and Cultural Arts Commission and rescinding Resolution 17 -16. `Reviewed By Assistant City Manager DESCRIPTION: The Heritage and Cultural Arts Commission is requesting an amendment to the Heritage and Cultural Arts Commission Bylaws (Attachment 1), specifically Article VI I, Section 1 (a). Currently the section reads: Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: (a) The restoration, maintenance and operation of the Heritage Park and Museums. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and /or modification of Heritage Park and Museums facilities or programs; recommendations for policies on heritage preservation, artifact Page 1 of 2 ITEM NO. 4.12 acquisition, conduct of persons using the Heritage Park and Museum facilities; and rules for the use of Heritage Park & Museums by the public. With the anticipated November 2016 opening of the Dublin Camp Parks Military History Center and the recent acquisition of the Kolb Truck, heritage programming is extending beyond the boundaries of the Heritage Park and Museums. The Commission unanimously voted to propose the following new wording (proposed changes are shown underlined): Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: (a) The promotion and support of history throughout the community. This includes the restoration, maintenance and operation of Heritage Park and Museums and any other similar City- sponsored locations promoting and supporting history. Such recommendations would include, but are not limited to the following: recommendations for development, improvement and /or modification of history facilities or programs; recommendations for policies on heritage preservation, artifact acquisition, conduct of persons using history facilities; and rules for the use of Heritage Park & Museums and any other City- sponsored history areas by the public. Although the current Bylaws do not specifically call for the Heritage and Cultural Arts Commission to make recommendations on heritage matters outside Heritage Park and Museums, reviewing historic matters throughout the community is a functional duty of the Commission. In 2015, Staff sought the Commission's recommendation to City Council on the Dublin Camp Parks Military History Center Management Plan. Staff also expects to bring the design proposal for Dublin Camp Parks Military History Center exhibits to the Heritage and Cultural Arts Commission, so the Commission can make a recommendation to City Council. NOTICING REQUIREMENTS /PUBLIC OUTREACH: 1101 ATTACHMENTS: 1. Current Heritage and Cultural Arts Commission Bylaws 2. Resolution Amending and Restating the Bylaws and Rules of Procedure for the Heritage and Cultural Arts Commission and Rescinding Resolution 17 -16 with amended Bylaws attached as Exhibit A Page 2 of 2 CITY OF DUBLIN HERITAGE AND CULTURAL ARTS COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Heritage and Cultural Arts Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Heritage and Cultural Arts Commission shall be composed of seven (7) members. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. When making appointments to the Commission, consideration shall be given to members of the Dublin Fine Arts Foundation and Dublin Historical Preservation Association (or similar groups) and to persons who are specifically qualified by reason of training, experience, interest or involvement in arts and /or heritage, particularly as related to artistic and cultural activities in the City. Section 3. All members shall be residents of the City and shall be committed to furthering public art, and historical and cultural life in the community. Section 4. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered years and ending in December of an even numbered year. At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4 -year terms. Bylaws and Rules of Procedure Page I of 4 Heritage and Cultural Arts Commission February 2, 2016 Section 2. Any member of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Commission members. The Secretary to the Commission shall notify the Mayor if a Commission member is absent from three consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 4. If a Commission member ceases to reside in the City of Dublin, said Commissioner's office shall be declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Commission for a 1 -year term and hold office until their successors are elected, or until their terms as members of the Commission expire. The officers are elected at the first meeting of the Commission in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Commission members are present. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no on should serve in the position for two consecutive years. The secretary to the Commission will be the City Manager or his /her designee. Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties. (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. Bylaws and Rules of Procedure Page 2 of 4 Heritage and Cultural Arts Commission February 2, 2016 (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his /her inability to act, the Vice - Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice - Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 4. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but less than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non - members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: (a) The restoration, maintenance and operation of the Heritage Park & Museums. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and /or modification of Heritage Park & Museums facilities or programs; recommendations for policies on heritage preservation, artifact acquisition, conduct of persons using the Heritage Park & Museums facilities; and rules for the use of the Heritage Park & Museums by the public. Bylaws and Rules of Procedure Page 3 of 4 Heritage and Cultural Arts Commission February 2, 2016 (b) The promotion and support of the arts within the community. Such recommendations would include, but are not limited to the following: recommendations on art in public places including City facilities and new developments within the City; exhibits at the Civic Center, Heritage Park & Museums and Public Art Venue; and recommendations for policies on art, cultural activities and facilities. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. The Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2579982.3 Bylaws and Rules of Procedure Page 4 of 4 Heritage and Cultural Arts Commission February 2, 2016 RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** ADOPTING AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE FOR THE HERITAGE AND CULTURAL ARTS COMMISSION AND RESCINDING RESOLUTION 17 -16 WHEREAS, Resolution No. 132 -99 was adopted by the City Council on July 6, 1999, which created a Heritage and Cultural Arts Commission and adopted Bylaws and Rules of Procedure for said Commission; and WHEREAS, the Bylaws and Rules of Procedure were amended by Resolution No.'s 219 -02, 161 -08, 124 -09 and 17 -16; and WHEREAS, it is necessary to periodically review the Bylaws and Rules of Procedure to insure that they are still reflective of the Commission's charge; and WHEREAS, the Heritage and Cultural Arts Commission requested revisions to the bylaws; and WHEREAS, the City Council reviewed the request and agrees with the changes being requested. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby adopts the amended and restated Bylaws and Rules of Procedure for the Heritage and Cultural Arts Commission as contained in Exhibit A, attached hereto. BE IT FURTHER RESOLVED that the City Council hereby rescinds Resolution 17 -16. PASSED, APPROVED AND ADOPTED this 7th day of June, 2016, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 1 CITY OF DUBLIN HERITAGE AND CULTURAL ARTS COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Heritage and Cultural Arts Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Heritage and Cultural Arts Commission shall be composed of seven (7) members. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. When making appointments to the Commission, consideration shall be given to members of the Dublin Fine Arts Foundation and Dublin Historical Preservation Association (or similar groups) and to persons who are specifically qualified by reason of training, experience, interest or involvement in arts and /or heritage, particularly as related to artistic and cultural activities in the City. Section 3. All members shall be residents of the City and shall be committed to furthering public art, and historical and cultural life in the community. Section 4. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered years and ending in December of an even numbered year. At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4 -year terms. Bylaws and Rules of Procedure Page 1 of 4 Heritage and Cultural Arts Commission February 2, 2016 Section 2. Any member of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Commission members. The Secretary to the Commission shall notify the Mayor if a Commission member is absent from three consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 4. If a Commission member ceases to reside in the City of Dublin, said Commissioner's office shall be declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Commission for a 1 -year term and hold office until their successors are elected, or until their terms as members of the Commission expire. The officers are elected at the first meeting of the Commission in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Commission members are present. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no on should serve in the position for two consecutive years. The secretary to the Commission will be the City Manager or his /her designee. Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties. (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. Bylaws and Rules of Procedure Page 2 of 4 Heritage and Cultural Arts Commission February 2, 2016 (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his /her inability to act, the Vice - Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice - Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 4. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but less than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non - members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: (a) The promotion and support of history throughout the community. This includes restoration, maintenance and operation of the Heritage Park & Museums and any other similar City- sponsored locations promoting and supporting history. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and /or modification of history facilities or programs; recommendations for policies on heritage preservation, artifact acquisition, conduct of persons using history facilities, and rules for the use of the Heritage Park & Museums and any other City - sponsored history facilities by the public. Bylaws and Rules of Procedure Page 3 of 4 Heritage and Cultural Arts Commission February 2, 2016 (b) The promotion and support of the arts within the community. Such recommendations would include, but are not limited to the following: recommendations on art in public places including City facilities and new developments within the City; exhibits at the Civic Center, Heritage Park & Museums and Public Art Venue; and recommendations for policies on art, cultural activities and facilities. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. The Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2579982.3 Bylaws and Rules of Procedure Page 4 of 4 Heritage and Cultural Arts Commission February 2, 2016