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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Nomination Process for Boards and Commissions
1. Resolution Establishing a Recruitment and Selection Process for Appointment of Individuals to Boards and Commissions
2. Motion Removing Title 2 Board Members and Commissioners Subject to Their Replacement or Reappointment
3. Resolution Establishing the Procedure to Address Complaints or Allegations of Misconduct or Poor Performance Against Members of Boards and Commissions
4. Introduction of Ordinance Amending Glendale Municipal Code, 1995, Section
2.36.010 Pertaining to Terms of Members of Boards and Commissions
5. Motion Providing Direction to Staff
COUNCIL ACTION
Item Type: Action Item
Approved for July 16, 2024 calendar
EXECUTIVE SUMMARY
On May 14, 2021, the Council directed staff to prepare the necessary legislation to reinstitute the individual councilmember nominating system for members of the boards and commissions. Staff has prepared the necessary resolutions and motion to reconstitute the boards and commissions through individual councilmember nominations and a code amendment to provide that the terms of board members and commissioners (except Civil Service Commissioners) will be coterminous with the term of the nominating councilmember.
RECOMMENDATION
That the Council introduce an ordinance and adopt resolutions and motion to implement the recruitment, nomination, selection and complaint procedures for boards and commissions.
ANALYSIS
On May 14, 2024, the Council directed staff to prepare the necessary legislation to implement the process for the recruitment, nomination and selection of members to the Boards and Commissions that was in place prior to March of 2023 when the Council reinstituted the panel nomination system. Prior to 2023, members of the boards and 2{{section.number}}{{item.number}}
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commissions were nominated by a single member of the Council subject to approval by the City Council.
Presented for Council consideration are ordinances, resolutions that will do the following:
Individual Nominations
•Staff presents a resolution to implement the system where each councilmember will nominate one member to each board or commission created under Title 2 of the Glendale Municipal Code (“GMC”) (all permanent boards and commissions except Civil Service), subject to appointment by the full Council. For the Civil Service Commission, the assignment to nominate an individual to that Commission will rotate alphabetically but skip any individual councilmember who has nominated – either individually or as a member of a panel - a commissioner currently sitting on the Commission (and who is not up for re- appointment/replacement). In the event, however, a new councilmember begins a term that councilmember will not skip over a councilmember who has not nominated a sitting Civil Service Commissioner.
•As established in the pre-2023 process, the resolution will provide that Councilmembers will have 30 days to make a nomination, starting from the date they are notified that they are assigned to make a nomination (with an additional 30-day extension due to reasons such as insufficient applicant pool, etc.). If a nomination is not made, the Council may assign the nomination to another councilmember or choose another selection process. Note that the process authorizing the Council to reassign a nomination or choose another selection process after a councilmember failed to meet the deadlines above was not significantly utilized previously, but it was part of the previous resolution and would be a useful tool to ensure prompt appointments.
•GMC Changes: As discussed by Council, this item also includes a proposed ordinance revising Glendale Municipal Code section 2.36.010 to provide that, with the exception of the Civil Service Commission (whose members serve 4 years per the Charter), the term of each member of a board or commission will be four years but coterminous with the term of the councilmember that nominates them. Upon the commencement of a new councilmember term (whether the nominating councilmember or a successor), that board or commission spot opens up and must be filled by reappointment or replacement.
Note that for purposes of term limits, Section 2.36.010 provides a board member or commissioner who serves 24 months or more of a term shall be deemed to have served a full term. Staff also recommends adding back into the Code a provision that if a term is 24 months or more due to the inaction of a nominating councilmember or the Council to make a nomination and appointment, then that term shall still count as a term for purposes of term limits, i.e. the person serves 3{{section.number}}{{item.number}}
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24 months or more of a councilmember’s term. The intent of that provision is to ensure timely nominations for reappointment or replacement are made, and also to provide clarity as to the term of a board member’s service after the commencement of a new councilmember term be counted as a new term after a certain amount of time, due to inaction of a nominating councilmember or the Council. If by virtue of inaction, a board member is beginning a third term, then the City Clerk will inform the City Council to commence an appointment process. •Implementation: When the Council implemented the individual nominating system in 2009, the Council removed all of the board members and commissioners (except Civil Service), subject to their reappointment or replacement, to give each councilmember an opportunity to nominate an individual to each board or commission. This option is presented for Council consideration. in the motion prepared for this item. This will allow the boards and commissions to continue their work as members are either reappointed or replaced. To implement this system, each Council seat and each board and commission seat be numbered based on alphabetic order. A councilmember making a nomination will nominate to their numbered seat so as to avoid confusion as to which board member or commissioner is being reappointed or replaced. Subsequent appointments will follow the nominating councilmember or his or her successor.
However, it is noted that in some instances this may present a challenge since a board member who is removed and then subsequently reappointed would potentially use up one of his or her terms for the simple reason that the Council is making this change. To address this challenge, the proposed removal motion provides that any board member or commissioner who is reappointed through this process shall be deemed to be continuing the term upon which they were serving.
Another option includes removing and replacing only those board members and commissioners not nominated by a single, sitting councilmember. However, that becomes more challenging to assign nominating councilmembers. It is anticipated that removing and reappointing/replacing board members and commissioners best implements the Council directive to allow one nomination per Councilmember.
oRemove and replace only those board members and commissioners not nominated by a single, sitting councilmember.
Revision to Process to Address Complaints
•Staff recommends a modification to the resolution revising the process for addressing complaints of misconduct or poor performance against members of boards or commissions (note that attendance issues are addressed through creation of an ad hoc committee of two councilmembers and the 4{{section.number}}{{item.number}}
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board/commission chairperson, per GMC section 2.36.020). The proposed resolution will encompass the same process as currently exists, except the nominating councilmember would be incorporated into the process, as necessary. Also, as the system is envisioned, the nominating councilmember will always have the opportunity to discuss performance issues or seek removal of a board member or commissioner who engages in misconduct or has performance issues. The Council retains the right to remove any board member or commissioner when it deems it in the City’s best interest to do so.
STAKEHOLDERS/OUTREACH
Not applicable.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This activity involves organizational and administrative activities of the government related to the process for nominating and appointing members to the City’s boards and commissions, and such internal procedural, organizational activities have no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. As such, this action is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
1. Council could choose not to make the proposed changes to the nomination and appointment process for the boards and commissions.
2. Council could provide direction on an alternative not identified by staff.
ADMINISTRATIVE ACTION
Submitted by:
Michael J. Garcia, City Attorney
Prepared by:
Michael J. Garcia, City Attorney
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Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS