STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Mayor Bailey and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Patrick Tang, City Attorney
Lauren Berges, City Clerk
SUBJECT: Commissioner Attendance Requirements
RECOMMENDATION:
Receive and discuss the report and provide direction to staff.
BACKGROUND:
As a Future Agenda Item, the City Council directed staff to agendize a discussion of current Commissioner attendance requirements. This report is responsive to the Council’s direction.
DISCUSSION:
Pursuant to the Hercules Municipal Code (relevant provisions provided below), all of the current council-created commissions have commissioner attendance requirements that call for the automatic removal of a commissioner who is absent from three meetings during any rolling twelve-month period; there are no exceptions provided. The Council adopted in 2010 Resolution No. 10-068 (see Attachment A) establishing procedures for appointments to commissions and other bodies that provides as follows:
“A member who has been removed from an advisory body for inadequate attendance may request a waiver of this provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability.” (Page 4, Section E(3)) Taken together, the provisions of the Hercules Municipal Code and Resolution No. 10-068 cited in this report are construed to mean that a commissioner who is absent from three meetings within a rolling twelve-month period is automatically removed from the commission, but may request a waiver from the City Council and, at the discretion of the Council, may be reinstated.
Consistent with the requirements of Resolution 10-068, it is the City’s practice to provide notice to commissioners who have missed two meetings within a twelve-month period, and a termination notice if the member has missed three meetings in a twelve-month period.
CONCLUSION:
If the Council were to decide to change the current policy regarding commissioner attendance, then the Municipal Code sections excerpted below would need to be amended, as well as Resolution No. 10-068. This would require: 1) two readings and final passage of an ordinance which would go into effect 30 days from the date of final adoption, and 2) passing a resolution setting forth amended procedures for handling the revised commission attendance requirements.
Hercules Municipal Code - Commission Attendance Requirements Planning Commission:
Sec. 2-2.103 Attendance at Meetings.
Any member of the Planning Commission who is absent from three (3) meetings of the Planning Commission during any rolling twelve (12) month period shall be automatically removed from the Commission. The vacancy thereby created shall be filled as provided in Section 2-2.104. (Ord. 519 § 2 (part), 2019: Ord. 474 § 1, 2013: Ord. 370 § 1 (part), 2002: Ord. 171 § 1 (part), 1983) Sec. 2-2.104 Vacancies.
If a vacancy occurs in the membership of the Planning Commission whether by death, resignation, automatic removal as provided in Section 2-2.103, removal by the Council or for any other reason, the vacancy shall be filled in accordance with the process for appointments established by City Council resolution, as amended from time to time. (Ord. 519 § 2 (part), 2019: Ord. 171 § 1 (part), 1983) Community and Library Services Commission:
Sec. 2-2.503 Attendance at Meetings.
Any member of the Community and Library Services Commission who is absent from three (3) meetings of the Commission during any rolling twelve (12) month period shall be automatically deemed to have resigned from the Commission. The vacancy thereby created shall be filled as provided in Section 2-2.504. (Ord. 519 § 2 (part), 2019: Ord. 444 § 2 (part), 2009) Sec. 2-2.504 Vacancies.
If a vacancy occurs in the membership of the Community and Library Services Commission whether by death, resignation, automatic removal as provided in Section 2-2.503, removal by the Council or for any other reason, the vacancy shall be filled in accordance with the process for appointments established by City Council resolution, as amended from time to time. (Ord. 519 § 2 (part), 2019: Ord. 444 § 2 (part), 2009) Finance Commission:
Sec. 2-2.603 Attendance at Meetings.
Any member of the Finance Commission who is absent from three (3) meetings of the Commission during any rolling twelve (12) month period shall be automatically deemed to have resigned from the Commission. All Commission appointees are required to be provided notice of the automatic removal provision after each absence, and prior to termination. The vacancy thereby created shall be filled as provided in Section 2-2.604. (Ord. 519 § 2 (part), 2019: Ord. 481 § 1 (part), 2014) Sec. 2-2.604 Vacancies.
If a vacancy occurs in the membership of the Finance Commission, whether by death, resignation, automatic removal as provided in Section 2-2.603, removal by the Council or for any other reason, the vacancy shall be filled in accordance with the process for appointments established by City Council resolution, as amended from time to time. (Ord. 519 § 2 (part), 2019: Ord. 481 § 1 (part), 2014) Education Commission:
Sec. 2-2.403 Attendance at Meetings.
Any member of the Education Commission who is absent from three (3) meetings of the Education Commission during any rolling twelve (12) month period shall be automatically removed from the Commission, and the Council shall fill the vacancy thereby created as provided in Section 2-2.404. (Ord. 519 § 2 (part), 2019: Ord. 384 § 1 (part), 2004) Sec. 2-2.404 Vacancies.
If a vacancy occurs in the membership of the Education Commission, whether by death, resignation, automatic removal as provided in Section 2-2.403, removal by the Council or for any other reason, the vacancy shall be filled in accordance with the process for appointments established by City Council resolution, as amended from time to time. (Ord. 519 § 2 (part), 2019: Ord. 384 § 1 (part), 2004) Attachments:
1 . Resolution No. 10-068