HomeMy WebLinkAbout8.2 - 2513 Discussion of Alternate Commissioners
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STAFF REPORT
CITY COUNCIL
DATE: March 19, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Report to City Council on Alternate Commissioner Model
Prepared by: Tivonna Stern, Interim Assistant City Attorney
EXECUTIVE SUMMARY:
At the January 8, 2019 City Council meeting, the City Council requested that Staff bring
back a report regarding the establishment of alternates on the various City commissions
and committees, as well as a mechanism that would allow alternates to succeed to
commission seats when a vacancy occurs.
STAFF RECOMMENDATION:
Receive the report and provide Staff with further direction.
FINANCIAL IMPACT:
The financial impact will depend upon whether the City Council decides to move forward
with establishing alternates on the City’s commissions and committees. Should the City
Council wish to proceed, additional funding would need to be budgeted to cover the
compensation of additional commissioners/committee members, as wel l as funding for
training and technology equipment.
DESCRIPTION:
At its January 8, 2019 meeting, the City Council requested that Staff bring back a report
regarding the establishment of alternates on the various City commissions and
committees, as well as a mechanism for selecting alternates to fill unscheduled
vacancies. The City’s commissions and committees consist of the Heritage and
Cultural Arts Commission, Human Services Commission, Parks and Community
Services Commission, Planning Commission, Senior Center Advisory Committee, and
Youth Advisory Committee. Staff is seeking direction on whether the City Council
wishes to proceed with establishing alternates on the City’s commissions and
committees and, if so, the possible ways in which the alternate structure could be set
up.
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Certain municipalities and other governmental entities in California appoint alternates to
their commissions and committees. The form of the alternate model varies widely. In
some cases, the alternate only attends when the pri ncipal is absent, and in other cases
the alternate is expected to attend all of the meetings. In still other cases, the alternate
participates in the discussion and deliberation but does not vote. In almost all cases,
there is only one alternate.
In the Tri-Valley, three of the four cities appoint alternates to commissions. The City of
San Ramon, for example, appoints two alternates on its Economic Development
Committee and two (one of which is vacant) on its Senior Advisory Committee. The
Town of Danville’s municipal code reflects the city’s use of alternates on its Planning
Commission, Parks and Leisure Services Commission, Arts Commission, Heritage
Resource Commission, Design Review Board, [something is missing here.]
The City of Pleasanton’s municipal code indicates that it appoints alternates to its
Planning Commission, Housing Commission, Parks and Recreation Commission, Youth
Commission, Library Commission, Civic Arts Commission, and Human Services
Commission. Such persons are entitled to vote o nly in the event of an absence or
conflict of interest and may also serve as a voting member on any commission
subcommittee. Unlike regular commissioners, alternate commissioners for the City of
Pleasanton are not subject to a limit in the number of years served. The City of
Livermore does not appear to utilize an alternate system.
Questions on Alternates and Structure
There is no legal prohibition against the City establishing a model for utilizing alternates.
The following includes several policy questions that the City Council would need to
answer if the City Council is interested in creating alternates for
commissions/committees. The answers to these questions will allow Staff to return at a
future meeting with legislation implementing the City Council’s direction.
1. Is the City Council interested in establishing alternates for any or all of the
commissions/committees? Yes/No
The City Council could choose to appoint alternates to all commissions and
committees or only to a subset. There are 4 commissions and 2 committees:
Heritage and Cultural Arts Commission, Human Services Commission, Parks
and Community Services Commission, Planning Commission, Senior Center
Advisory Committee, and Youth Advisory Committee. The City Council may or
may not believe that alternates are necessary and desirable for each of the
commissions and committees.
2. If yes, what are the number of alternates and the terms desired?
The City Council would need to decide if one or two alternates should be
assigned to each commission or committee. For reasons discussed in a later
section, the City Council may wish to have more than one alternate if it chooses
to have alternates automatically assume vacant commission or committee seats.
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3. Does the City Council want to require attendance at each meeting for alternate
members? Yes/No
The City Council could:
(1) require the alternates to attend all meetings; or
(2) only require alternates to attend a meeting upon being noticed of the absence
of a sitting member.
If alternates were required to attend all meetings, Staff would assume that they
would be subject to the City Council policies governing unexcused absences, in
which a commissioner/committee member vacates his or her seat if absent three
times in any 12-month period.
4. Does the City Council want the alternates to play an “active” or “passive” role in
the meeting when not sitting in for a regular member?
An “active” role would entail alternate members sitting at the dais and fully
participating in the discussions, but not voting. So as to prevent the risk of
unintended Brown Act violations amongst a non -voting alternate and regular
members, Staff would recommend that the commission treat alternate
commissioners for the purposes of the Brown Act as if the y were regular
commissioners.
Conversely, a “passive” role would require alternate members to sit in the
audience, observe the meeting, but not participate.
5. Do you wish to compensate the alternate members? Yes/No
Currently, regular commissioners/committee members are compensated. If yes,
Staff recommends that the alternate be compensated as a regular member
based on their meeting attendance.
Unscheduled Vacancies
The City Council also requested information on whether the alternate can automat ically
assume the seat in the event of an unscheduled vacancy by a regular member.
Ordinarily, when an unscheduled vacancy occurs on a commission or a committee, the
City is required to post a notice of the vacancy at least 10 days prior to the vacancy
being filled. The City Attorney advises that, so long as the appointment of the alternate
specifically indicates that he or she would assume any vacancy on the commission or
committee, there would be no unscheduled vacancy requiring a notification. There
would, however, be an unscheduled vacancy in the alternate position that would be
filled in the ordinary manner.
Alternates automatically assuming vacant seats creates a further complication. Since
the Committees and Commission have staggered terms, an alternate appointed to fill
the remainder of a vacancy might serve more or less than the alternate term to which he
or she was appointed. For example, if an alternate were appointed to a four -year term in
2018, and a vacancy occurred in a commission seat end ing in 2024, the alternate would
succeed to a seat that extended beyond the end of the alternate’s 2022 term. These
situations could be avoided by appointing one alternate for the group of commissioners
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with term ending in 2020 and another for the group with terms ending in 2022. Staff
would therefore recommend two alternate positions should the City Council desire to
have alternates automatically fill vacancies.
Training, Cost, and Compensation Considerations
If the City proceeds in adopting an alternate model, Staff recommends that alternate
members be trained in the same manner as regular members (e.g. as to onboarding,
conference registration and attendance, AB 1234 ethics training, and Brown Act
training). Additionally, Staff would recommend alternates be equipped with the
necessary technological infrastructure, such as laptops set -up with the requisite
software and applications. Providing alternates with laptops equipped with licenses, as
well as registering alternates for conferences and necessary training, would contribute
to the cost of an alternate-incorporated model.
Staff requests that the City Council to provide guidance on the above question(s) as to
whether it would like to proceed with developing a process to appointment alternates
and, if so, the structure of that model. Alternatively, the City Council could consider and
provide direction on increasing the regular members on specific commissions or
committees.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
None.