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HomeMy WebLinkAboutItem 6.3 Commissioner Removal/Appoint Procedure (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 9, 1992 SUBJECT: PUBLIC HEARING Method of Appointing/Removing Planning Commissioners, Park & Recreation Commissioners and Senior Center Advisory Committee Members Report Prepared by Elizabeth Silver, City Attorney and Kay Keck, City Clerk lVz _ EXHIBITS ATTACHED: ■ Draft Ordinance Amending Chapter 2 . 12 of the Dublin Municipal Code relating to Appointment of Planning Commissioners ■ Resolution Establishing Nominating Committee for Nomination of Commission/Committee Appointments ■ .Resolution Amending Bylaws and Rules of Procedure for the Park & Recreation Commission ■ Resolution Amending Bylaws and Rules of Procedure for the Senior Center Advisory Committee RECOMMENDATION: 1) Open Public Hearing 2) Receive Staff Presentation 3) Receive Public Testimony 4) Close Public Hearing 5) Deliberate and determine who should serve on Nominating Committee with Mayor { 6) Waive Reading and on an Urgency Basis, Adopt i Ordinance 7) Adopt Resolutions FINANCIAL STATEMENT: None DESCRIPTION: On October 26, 1992 , the City Council discussed the options and the process to be used for appointing and removing members of the Planning Commission, Park & Recreation Commission, and Senior Center Advisory Committee, due to changes necessitated as a result of the Mayor's position being directly elected. The Council directed Staff to prepare the necessary Ordinance and Resolutions which would: 1) Provide for four (4) year terms with a 1-time beginning exception that two (2) members of each Board would be appointed to two (2) year terms, and three (3) members of each Board would be appointed to four (4) year terms. Terms shall begin in December of even numbered election years and end in November of even numbered election years (or until successors are appointed) . 2) Remove term limits from the Planning Commission. 3) Establish a nominating committee comprised of the Mayor and one Councilmember to interview potential applicants to the 3 Boards, and make recommendations to the Council on the 5 people to be appointed to each Board, and also make a recommendation regarding which 2 members of each Board shall serve 2 year terms. Staff recommends .that the City Council conduct a public hearing, determine who shall serve on the nominating committee with the Mayor, waive the reading and on an urgency basis adopt the Ordinance (Planning Commission) , and finally, adopt the Resolutions (Nominating Committee, Bylaws and Rules of Procedure for Park & Recreation Commission and Senior Center Advisory Committee) . ---------------------------------------------------------------------- COPIES TO: Members of Planning Commission ITEM NO. oe Park & Recreation Commission Senior Center Advisory Committee CITY CLERIC FILE I I d E/ 10 Q;Zo ORDINANCE NO. - 92 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2 .12 OF THE DUBLIN MUNICIPAL CODE RELATING TO APPOINTMENT OF PLANNING COMMISSION MEMBERS Section 1 Section 2 . 12 . 020 of the Dublin Municipal Code is amended to read as follows: 2.12. 020 Membership - Appointment - Term - Removal A. The Planning Commission shall consist of five (5) members. They shall be appointed for a term of four (4) years except that two (2) of the members first appointed following enactment of this Ordinance shall serve for a two (2) year term. Terms shall begin in December of even numbered election years and end in November of even numbered election years (or until successors are appointed) . If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term. B. Members shall .be .appointed to the Planning -Commission by the Mayor, subject to the approval of the Council and shall serve their respective terms of office at the sole pleasure of the Mayor. The Mayor may, without the approval of other Councilmembers, remove a Planning Commissioner at any time during the Commissioner's term of office. Removal and appointment of Planning Commission members shall be made only at a regularly scheduled meeting of the City Council. Members of the Planning Commission shall be residents of the City. Section 2 Section 2 . 12 . 040 of the Dublin Municipal Code is amended to read as follows: 2 . 12. 040 Chairperson - Rules - Records - Meetings The Planning Commission shall elect a Chairperson and Vice Chairperson from its membership annually. In the absence or' disability of either the Chairperson or Vice Chairperson, the Commission may designate a temporary Chairperson. The Commission shall hold at least one'"(1) regular meeting each month and such other meetings as may be necessary. The Commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings, and determinations. The rules shall provide that not less than three (3) affirmative votes shall be required to recommend matters to the City Council for adoption. The commission shall appoint a secretary who may be one of its members or someone else. Section 3 This Ordinance shall take effect immediately pursuant to Government Code Section 36937 as an urgency Ordinance. The urgency is based on the following facts: The electorate approved an Ordinance making the office of Mayor directly elected by the people. In accordance with State Law, the directly elected Mayor makes all appointments to boards, commissions and committees. It is, therefore, necessary for this Ordinance to take effect immediately in order that the procedures for appointment of board, commission and committee members be in effect when the directly elected Mayor takes office following the November 3, 1992 election. Section 4 The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 9th day of November, 1992 ; by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: I City Clerk RESOLUTION NO. - 92 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING NOMINATING COMMITTEE FOR NOMINATION OF COMMISSION/COMMITTEE APPOINTMENTS WHEREAS, commencing with the November 3, 1992, election, the; Mayor will be directly elected by the people; and WHEREAS, the directly elected Mayor makes all appointments to boards, commissions and committees subject to the approval of the City Council; and WHEREAS, it is the desire of the Council to establish a subcommittee of the Council, consisting of the Mayor and one Councilmember, to interview applicants for the Planning Commission, the Park & Recreation Commission and the Senior Center Advisory Committee and to make recommendations to the Council for appointment to such commissions/committees. I NOW, THEREFORE, BE IT RESOLVED that: 1. The Nominating Committee shall consist of the Mayor and Councilmember ; 2 . The Nominating Committee shall interview applicants .for the . Planning Commission, the Park & Recreation Commission and the Senior Center Advisory Committee ("Commissions") ; 3 . The Nominating Committee shall make recommendations to the Council for appointments to the Commissions; and 4 . The Nominating Committee shall make a recommendation regarding which two applicants should be appointed to two year terms on each of the Commissions, commencing in December 1992 . i BE IT FURTHER RESOLVED that in the event of a disagreement with the other member of the Nominating Committee, the Mayor retains the sole discretion to make appointments to the Commissions. PASSED, APPROVED, AND ADOPTED this 9th day of November, 1992, by the following vote: AYES: NOES: ABSENT. ABSTAIN: Mayor ATTEST: City Clerk RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE PARR & RECREATION COMMISSION WHEREAS, Resolution No. 57-83 was adopted by the City Council on October 10, 1983 which created a Park & Recreation ' 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 127-88 and 135-90; and WHEREAS, it is necessary to amend the method of appointment section of the Bylaws and Rules of Procedure to correctly reflect the fact that a directly elected Mayor shall make all appointments to Boards, Commissions and Committees, with the approval of the .City Council; and WHEREAS, it is appropriate to specify that the length of terms shall be- for four (4) years except that initially, two (2) Commissioners shall be appointed to serve two (2) year terms. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the Bylaws and Rules of Procedure for the Park & Recreation Commission as contained in Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 9th day of November, 1992 . AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk I CITY OF DUBLIN PARKS AND RECREATION COMMISSiv--,iJ BYLAWS AND RULES OF PROCEDURE I . GENERAL PROVISIONS I A. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Parks and Recreation 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. B. 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. II. COMMISSION COMPOSITION AND METHOD OF APPOINTMENT A. The Parks and Recreation Commission shall be composed of six members, one of whom is a high school student from the Dublin Unified School District. B. The Mayor shall make all appointments to the Commission, ,with the approval of the City Council . C. The student member shall be appointed based on a recommendation from the Parks and Recreation Commission. D. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. III. TERM OF OFFICE AND REMOVAL A. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in November of an even numbered election year. Two ( 2) Commissioners shall initially be appointed to two ( 2) year terms. At the end of a Commission member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. There shall be no limit to the number of terms a Commission member may serve. B. The term of the student member shall be for one year, commencing July 1st and terminating on the following June 30th. C. Any member of the Commission may be removed from office in the same manner as he/she was appointed. D. If a member of the Commission is absent from all regular meetings for a period of 90 days from the last regular meeting without permission from said Commission, or if a Commission member ceases to reside in the City of Dublin, said Commissioners office ,shall be declared vacant. IV. VACANCIES 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. -1- V. OFFICERS . A. 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 December ' of each year. Elections , whether regular or to fill vacancies shall be held only if 5 Commission members are present. The secretary to the Commission will be the City Manager ,,or his designate. B. 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. C. Duties of Officers . The Chairman performs the following duties : 1 . Presides at all meeting of the Commission. 2 . Appoints committee and chairpersons of committees as necessary. 3 . Signs correspondence on behalf of the Commission. 4 . Represents the Commission before the City Council . 5. 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. D. The Committees: The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members , but fewer 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. Committee's 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. VI . MEETINGS A. 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. B. 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. -2- VII . GINERAL RESPONSIBI-i-TIES OF THE COMMISSION The Commission shall consider and make recommendations as it deems necessary to the ' City Council and to City Staff in all' matters pertaining to the operation and maintenance of an effective, efficient, and adequate recreation service for the citizens of Dublin. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of recreation services and facilities; future recreation needs; conduct of persons using recreation facilities; rules for the use of recreation facilities by the public. VIII .DUTIES OF COMMISSION TO BE ADVISORY ONLY It is intended that 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. IX. STAFF ASSISTANCE 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 . X. AMENDMENTS These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. -3- • RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE SENIOR CENTER ADVISORY COMMITTEE WHEREAS, Resolution No. 48-92 was adopted by the City Council on April 27, 19923 which established the Bylaws and Rules of Procedure for the Dublin Senior Center Advisory Committee; and WHEREAS, it is necessary to amend the method of appointment section of the Bylaws and Rules of Procedure to correctly reflect the fact that a directly elected Mayor shall make all appointments to Boards, Commissions and Committees, with the approval of the City Council; and WHEREAS, it is appropriate to specify that the length of , terms shall be for four (4) years except that initially, two (2) Committee Members shall be appointed to serve two . (2) year terms. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts amended Bylaws -and Rules- of Procedure for the Senior Center Advisory Committee as contained in Exhibit A, attached hereto. I PASSED, APPROVED AND ADOPTED this 9th day of November, 1992 . AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk i CITY OF DUBLIN DUBLIN SENIOR CENTER ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE I . GENERAL PROVISIONS A. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Dublin Senior Center Advisory Committee 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. B. 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 Advisory Committee. II . COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT A. The Advisory Committee shall be composed of five members. The Mayor shall make all appointments to the Committee, with the approval of the City Council. B. Committee members may resign at any time by giving written notice to the Mayor, City Clerk and Senior Center Staff. C. One member of the Parks and Recreation Commission shall serve as a non-voting member of the Advisory Committee. III . TERM OF OFFICE AND REMOVAL A. Committee members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in November of even numbered election years . Two ( 2) Committee members shall initially be appointed to two ( 2) year terms. At the end of a Committee member's term, the Committee member may be reappointed to the Committee in the same manner as the initial appointment. There shall be no limit to the number of terms a Committee member may serve. B. Any member of the Advisory Committee may be removed from office in the same manner as he/she was appointed. C. If a member of the Advisory Committee is absent from all regular meetings for a period of 90 days from the last regular meeting without permission from said Advisory . Committee, or if a Committee member ceases to reside in the City of Dublin, said Committee member's office shall be declared vacant. IV. VACANCIES Vacancies on the Advisory Committee 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. -1- i V. OFFICERS A. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Advisory Committee for a 1-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected at the first meeting of the ; Advisory Committee in December of each year. Elections , whether regular or to fill vacancies shall be held only if 5 Advisory Committee members are present. The secretary to the Advisory Committee will be the, City Manager or his designate. B. 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. C. Duties of Officers. The Chairman performs the following duties: 1 . Presides at all meetings of the Advisory Committee. 2 . Appoints sub-committees and chairpersons of s_ub-committees as necessary. 3 . Signs correspondence on behalf of the Advisory Committee. 4. Represents the Advisory Committee before the Parks & Recreation Commission and City Council . 5. 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. D. The Sub-Committees. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but fewer than a quorum, to serve as a Sub-Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Advisory Committee may appoint , non-members to the Sub-Committee. Sub-Committee's make recommendations directly to the Advisory Committee. A Sub-Committee may not represent the Advisory Committee before the Parks and Recreation Commission and the City Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. -2- - ,I VI . MEETINGS A. The Advisory Committee shall hold regular meetings at least once per month at a designated time and place which shall be fixed and determined by the Advisory Committee and entered upon its minutes . All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee 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. B. A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. VII . GENERAL RESPONSIBILITIES OF THE COMMITTEE I. The Advisory Committee shall consider and make recommendations as it deems necessary to the Parks and Recreation Commission, City Council , and to City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate Senior Center for the citizens of Dublin. Such recommendations would include,, but are not limited to the following: recommendations for the development, improvement and/or modification of senior services and facilities; future senior needs; conduct of persons using the Senior Center; and rules for the use of the Senior Center by the public. VIII .DUTIES OF COMMITTEE TO BE ADVISORY ONLY It is intended that the Advisory Committee shall be an advisory body to the Parks and Recreation Commission and 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. IX. STAFF ASSISTANCE I The City Manager shall provide the Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. X. AMENDMENTS These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. -3-