CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Kevin G. Ennis, City Attorney
DATE: March 15, 2022
SUBJECT: Introduction of Ordinance No. 2022-213, Amending the Laguna Niguel Municipal Code to Preclude the Appointment of Councilmember Relatives to Commissions, Boards and Committees and Preclude the Employment of Such Relatives by the City
RECOMMENDATION
Staff recommends that the City Council:
1. Waive full reading, make any amendments to, and introduce Ordinance No. 2022-213 by title:
ORDINANCE NO. 2022-213
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL
AMENDING THE LAGUNA NIGUEL MUNICIPAL CODE TO PRECLUDE
THE APPOINTMENT OF RELATIVES OF COUNCILMEMBERS TO CITY
COMMISSIONS, BOARDS AND COMMITTEES, TO PRECLUDE THE
EMPLOYMENT OF RELATIVES OF COUNCILMEMBERS, AND MAKING
A FINDING OF EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
2. Direct that the proposed Ordinance, with any changes to it, be placed on the agenda for the April 5, 2022 City Council meeting and adopt the Ordinance at that meeting.
BACKGROUND
During the City Council meeting held on November 16, 2021, the City Council reviewed and discussed various sample municipal codes and policies of other cities related to restrictions on the employment by cities of relatives of councilmembers, the appointment of relatives of councilmembers to city boards, committees and commissions, and related issues.
2 Following a review of that information, the City Council directed that City staff and the City Attorney prepare this ordinance to add provisions into the Laguna Municipal Code to: (1) to prohibit the appointment of relatives of councilmembers to City Commissions, Boards and Committees; and (2) formalize the City's current administrative practice of not employing relatives of councilmembers.
ANALYSIS
The purpose of this Ordinance (Attachment A) is to remove any inference of favoritism toward family members in appointments to City Commissions, Boards or Committees by precluding certain relatives of currently serving councilmembers from being appointed to any of the City's Commissions, Boards and Committees. Another purpose is to impose a restriction on the City Manager's employment powers by prohibiting the City Manager from employing relatives of a currently serving councilmember and thereby formalize and codify the City's current administrative practice on the subject.
Accomplishment of these two purposes would be carried out by adding new text into appropriate sections of the Laguna Niguel Municipal Code, as discussed below.
A. Restriction on the Appointment of Councilmember Relatives to City Commissions, Boards and Committees
A provision already exists in the Laguna Niguel Municipal Code that provides minimum and standard qualifications for any person seeking to serve on a City Commission, Board or Committee. A new subsection (c) is proposed to be added to Section 2-3-3 to provide as follows:
"Relatives of a currently serving City councilmember shall not be eligible for appointment to any City Commission, Board or Committee. For purposes of this section, the term "relatives" means spouse, parent, sibling (including foster or step), children (including adoptive, foster or step); in-laws, grandparent or grandchild, aunt or uncle, niece or nephew, and any other legally related councilmember. "Person living in the same household as the City The broad definition of the term "relative" is patterned after the wording of a similar restriction already in place in the City of Garden Grove which the City Council reviewed at its meeting on November 16, 2021. There are also some other minor revisions proposed to section 2-3.3 so as to address the possibility of other changes to the Code that are currently under consideration by the City Council in connection with the operation of the Military Support Committee. These minor revisions would avoid additional changes to this same section of the Code no matter what the outcome is from the City Council's consideration of those other changes.
3 B. Restriction on the Employment of Councilmember Relatives The City of Laguna Niguel is a general law city with a council-city manager form of government by which all personnel decisions involving the employment, appointment, promotion, demotion, and removal of City employees, except for the City Attorney, are made by the City Manager. The proposed Ordinance would impose a restriction on the City Manager's employment powers by prohibiting the City Manager from employing relatives of a currently serving councilmember and thereby formalize and codify the City's current administrative practice on the subject. This is proposed to be accomplished by adding a provision into the portion of the Laguna Niguel Municipal Code that provides for the powers and duties of the City Manager. A new section 2-4-7 would be added (and existing provision 2-4-7 moved down) to provide as follows:
"(a) It is the purpose of this section to balance the goals of having an open employment recruitment practice where selection is based on the qualifications of each candidate with the intent of the City to avoid the appearance or favoritism or a conflict of interest in the appointment of relatives of currently serving councilmembers.
Notwithstanding the general power of the City Manager to appoint, remove, promote and demote all officers and employees of the City, except the City Attorney, as provided in Section 2-4-6 (1), the City Manager shall not employ or appoint any relative of a currently serving councilmember.
For purposes of this section, the term "relative" shall mean the spouse, parent, sibling (including foster or step), children (including adoptive, foster or step); in-laws, grandparent or grandchild, aunt or uncle, niece or nephew, and any other legally related person living in the same household as the City councilmember."
ALTERNATIVES CONSIDERED
The City Council may elect to:
1. Not approve the proposed Ordinance and make no changes to the existing Municipal Code.
2. Make additional edits to the provisions of the proposed Ordinance.
FISCAL REVIEW
Adoption of Ordinance No. 2022-213 has no additional fiscal impact to the City.
LEGAL REVIEW
The City Attorney's Office has prepared this report and Ordinance No. 2022-213 and approved it as to form and content.
CONCLUSION
City staff recommends that the City Council:
1. Waive full reading, make any amendments to, and introduce Ordinance No. 2022-213 by title:
ORDINANCE NO. 2022-213
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL
AMENDING THE LAGUNA NIGUEL MUNICIPAL CODE TO PRECLUDE
THE APPOINTMENT OF RELATIVES OF COUNCILMEMBERS TO CITY
COMMISSIONS, BOARDS AND COMMITTEES, TO PRECLUDE THE
EMPLOYMENT OF RELATIVES OF COUNCILMEMBERS, AND MAKING
A FINDING OF EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
2. Direct that the proposed ordinance, with any changes to it, be placed on the agenda for the April 5, 2022 City Council meeting and adopt the Ordinance at that meeting.
Jamara Setauneau thator 9. Martin
Tamara S. Letourneau® Justin J. Marti
City Manager Deputy City Manager
Rever I Sinis
Kevin G. Ennis, Esq.
City Attorney
Attachments:
A. Ordinance No. 2022-213
5 ATTACHMENT A
Ordinance No. 2022-213 Amending the Laguna Niguel Municipal Code Related to Appointment or Employment of Councilmember Relatives ORDINANCE NO. 2022-213
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL
AMENDING THE LAGUNA NIGUEL MUNICIPAL CODE TO PRECLUDE
THE APPOINTMENT OF RELATIVES OF COUNCILMEMBERS TO CITY
COMMISSIONS, BOARDS AND COMMITTEES, TO PRECLUDE THE
EMPLOYMENT OF RELATIVES OF COUNCILMEMBERS, AND
MAKING A FINDING OF EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
The City Council of the City of Laguna Niguel does hereby ordain as follows:
Section 1. Recitals.
a. On November 16, 2021, the City Council reviewed and discussed various codes and policies from other cities related to restrictions on the employment by cities of relatives of councilmembers, the appointment of relatives of councilmembers to city commissions, boards and committees, and related issues. b. At that November 16, 2021 City Council meeting, the City Council directed that City staff and the City Attorney prepare this Ordinance to add provisions into the Laguna Municipal Code to: (1) to prohibit the appointment of relatives of councilmembers to City Commissions, Boards and Committees; and (2) formalize the City's current administrative practice of not employing relatives of councilmembers.
C. The purpose of this Ordinance is to remove any inference of favoritism toward family members in appointments to City Commissions, Boards and Committees by precluding certain relatives of currently serving Councilmembers from being appointed to any of the City's Commissions Boards and Committees. d. The City of Laguna Niguel is a general law city with a council-city manager form of government by which all personnel decisions involving the employment, appointment, promotion, demotion and removal of City employees, except for the City Attorney, are made by the City Manager. By this Ordinance, the City Council desires to impose a restriction on the City Manager's employment powers by prohibiting the City Manager from employing relatives of a currently serving councilmember and thereby formalize and codify the City's current administrative practice on the subject.
To accomplish these purposes, the City Council now desires to amend Section 2-3-3 (Qualification of Members) of Division 3 (Commissions, Boards and Committees) of Division Title 2 (Administration and Personnel) to preclude the City Council from appointing relatives of currently serving councilmembers and to also amend Division 4 (City Manager) of Title 2 (Administration and Personnel) to add a new section to prohibit the City Manager from employing relatives of currently serving councilmembers.
Section 2. Section 2-3-3 (Qualifications of members, membership on multiple bodies) of Article 1 (General Provisions) of Division 3 (Commissions, Boards and 13018-0001\2632728v6.doc
Ordinance No. 2022-213 Page 2
Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby amended to read as follows with deletions shown in strikeout format and additions shown with underlining:
"Sec. 2-3-3. - Qualification of members, membership on multiple bodies, and preclusion on appointment of relatives of Councilmembers. "(a) All members of commissions, boards and committees of the city shall, at all times during their incumbencies, be bona fide residents and registered voters of the city unless provided in a specific article of this division 3 of the Code. b) Generally, it is the policy of the city council that no person, except members of the city council if specifically authorized in a specific article in this division 3 of the Code, shall be a member of more than one commission, board or committee at any one time. However, it is recognized that the city council may, in extraordinary circumstances, appoint a person to two commissions, boards or committees at the same time. The prohibition set out in this section does not prevent a member of a commission, board or committee from simultaneously serving on one or more ad hoc or temporary committees.
(c) Relatives of a currently serving city councilmember shall not be eligible for appointment to any city commission, board or committee. For purposes of this section, the term "relatives" means spouse, parent, sibling (including foster or step), children (including adoptive, foster or step); in-laws, grandparent or grandchild, aunt or uncle, niece or nephew, and any other legally related person living in the same household as the city councilmember."
Section 3. Sections 2-4-7 (Relationship with Council) through Sections 2-4-11 (Agreements for additional conditions of employment) of Division 4 (City Manager) Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code are hereby renumbered as Sections 2-4-8 through 2-4-11 and a new Section 2-4-7 is hereby added to read as follows with additions shown with underlining:
"Sec. 2-4-7. - Preclusion on the Employment of Relatives of Councilmembers.
(a) It is the purpose of this section to balance the goals of having an open employment recruitment practice where selection is based on the qualifications of each candidate with the intent of the city to avoid the appearance or favoritism or a conflict of interest in the appointment of relatives of currently serving councilmembers. (b) Notwithstanding the general power of the City Manager to appoint, remove, promote and demote all officers and employees of the City, except the City Attorney, as provided in Section 2-4-6 (1), the City Manager shall not employ or appoint any relative of a currently serving councilmember. For purposes of this section, the term "relative" shall mean the spouse, parent, sibling (including foster or step), children (including adoptive, foster or step); in-laws, grandparent or grandchild, aunt or uncle, niece or 13018-0001 2632728v6.doc
Ordinance No. 2022-213 Page 3
nephew, and any other legally related person living in the same household as the city councilmember."
Section 6. Exemption from CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant adverse effect on the environment because the Ordinance only contains administrative provisions related to appointment of relatives of Councilmembers to City Commissions, Boards and Committees and to the employment by the City of relatives of Councilmembers. The adoption of this Ordinance is therefore exempt from California Environmental Quality Act review pursuant to State CEQA Guidelines Section 15061(b)(3) because the Ordinance is covered by the general rule common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The adoption of this Ordinance only provides for the inclusion and amendment of the Laguna Niguel Municipal Code relating to such decisions which do not have the possibility of resulting in any physical changes in the environment.
Section 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrases, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 8. Effective Date of Ordinance. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
Section 9. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this day of_ _, 2022.
Elaine Gennawey, Mayor
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Ordinance No. 2022-213 Page 4
ATTEST:
Thy Merritt, Deputy City Clerk
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