Attachment 1
-1-
CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW AMENDING CITY COUNCIL POLICY K-2, COUNCIL ADVISORY BODIES,
TO ADD A DEFINITION FOR ADVISORY OR DECISION-MAKING COMMITTEES
CREATED BY ORDINANCE OR RESOLUTION OF THE CITY COUNCIL
WHEREAS, City Council Policy K -2 sets forth policies and procedures governing the appointment of City commission, board, and committee members (collectively, “bodies”); and
WHEREAS, the Council Policies and Procedures Committee (CPPC) held a duly noticed public meeting on November 20, 2024 , during which the CPPC considered proposed amendments to City Council Policy K -2 to include a definition of “committee” for advisory or decision -making bodies created by ordinance or resolution of the Council; and
WHEREAS, the CPPC recommended approval of the proposed revisions to City Council Policy K-2; now, therefore, be it
RESOLVED: that the City Council of the City of Mountain View hereby approves amendments to City Council Policy K-2, as set forth in Exhibit A of this resolution.
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HG/6/RESO
428-12-17-24r
Exhibit: A. City Council Policy K-2
CITY COUNCIL POLICY
SUBJECT: BOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
PURPOSE:
To establish policies and procedures governing the appointment of City board, commission, and committee members (collectively, “bodies”). This Policy does not apply to Subcommittees or Ad Hoc Committees of the City Council.
DEFINITIONS:
Boards or Commissions: Advisory or decision-making bodies created by ordinance or resolution of the Council and City Charter. Pursuant to City Charter Section 900, members of such boards and commissions shall not hold any paid office or employment in the City government and must be a qualified elector of the City.
Committees: Advisory or decision-making bodies created by ordinance or resolution of the Council pursuant to the Council’s general and broad legislative power outside of City Charter Section 900. Committees may have members who are not qualified electors of the City and may serve regardless of immigration status. Members may include individuals employed by the City of Mountain View if there is no conflict between the duties, functions, or responsibilities of the committee and the roles and duties of the City employment position.
This definition does not apply to the Rental Housing Committee created by City Charter Section 1709.
POLICY:
1. The Council Appointments Review Committee (CARC) is responsible for screening candidates and making recommendations for appointments to the entire City Council. The CARC shall interview all applicants to boards, commissions, and committees, except the Environmental Planning Commission and Rental Housing Committee (interviewed by the entire City Council) and the Youth Advisory Committee (interviewed by the Council Youth Services Committee.
2. Appointed members to all bodies should be, as nearly as possible, a representative balance of the broad population of the City. However, the overriding criterion for appointment must be the City Council’s belief that the person appointed can bring skill, integrity, knowledge, interest, and especially an understanding of the basic obligation to evaluate issues in the broad context of the public interest.
3. Appointed members to all bodies shall be limited to two consecutive terms prior to reappointment on a given body unless otherwise specified in the establishing resolution, Exhibit A
CITY COUNCIL POLICY
SUBJECT: BOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
ordinance, or Charter section. However, where the City Council expressly determines it to be in the best interest of the community or in the event a n insufficient number of new applications are received, the City Council may reappoint beyond this limit.
4. Unless appointed to an unexpired term of less than two years caused by resignation or other such vacancy, the term of office for each body member shall normally be four years or until a successor is appointed and shall, where possible, commence on the first day of January. This is applicable to all bodies.
5. The City Clerk shall provide application forms and shall maintain a composite listing of all applications on file which have been received for all bodies . The names of applicants on file in the City Clerk ’s Office shall be available to the public. An application may be submitted at any time but must be renewed every year.
6. Persons being considered for appointment (or reappointment) must be interviewed at least once to qualify for appointment to any board, commission, or committee.
7. Each board, commission, or committee shall adopt an annual schedule of meeting s each year.
8. A person appointed to a board, commission , or committee may only serve on one board, commission, or committee at a time.
9. Appointed members to all bodies serve at the pleasure of the City Council.
10. All bodies not established by the Charter shall be established by ordinance or resolution.
11. All members to boards, commissions, or committees shall be appointed in accordance with California Government Code Section 54970 , et seq. (Maddy Act), as may be amended or renumbered from time to time.
CITY COUNCIL POLICY
SUBJECT: BOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
PROCEDURE:
1. Appointments/Reappointments
a. Prior to term expirations , the City Clerk or designee shall poll all incumbents eligible for reappointment regarding their interest in being reappointed. i. The City Clerk or designee shall provide interested incumbents with a new application form and a copy of this City Council Policy. Incumbents must update their applications.
ii. In no case shall automatic reappointment of an incumbent be assumed. iii. The interviewing body will consider the actual performance, contribution, and attendance record of incumbents in determining whether the person should be reappointed.
iv. The City Clerk or designee will provide the interviewing body with a listing of all eligible incumbents interested in being reappointed.
b. Prior to term expirations, the City Clerk or designee shall be responsible for ensuring that there is suitable advertisement of upcoming appointments. This shall include appropriate display ads in local newspapers as well as other special ads where possible, including a suitable ad (e.g., one -half page in The View) providing informative descriptions of the various bodies, their responsibilities, etc.; and other possible methods, such as cable television announcements, a special, reusable television production on commission membership, etc. The deadline for applications should be set as near as practicable to the date interviews will be held by the interviewing body.
In the event an insufficient number of new applications for vacancy(ies) or seats with expiring term(s) on any board, commission, or committee are not received by the end of the advertised application period, the City Clerk or designee shall provide an application form to those incumbents interested in reappointment as determined in Section 1.a.
CITY COUNCIL POLICY
SUBJECT: BOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
c. Prior to term expirations , the City Clerk or designee shall provide the interviewing body with copies of applications received . Prior to term expirations, or when a vacancy occurs, the interviewing body shall interview all applicants. d. In the event a n insufficient number of applications are received for any board, commission, or committee with expiring terms, an incumbent may be recommended for appointment by the interviewing body without being interviewed again. If a majority of the interviewing body determines that a sufficient number of or cross - section of suitable applicants was not available to be considered, no recommendation need be made. In this case, the opening(s) shall be readvertised and recommended qualified appointments forwarded to the City Council for appointment at the earliest possible date.
e. The City Clerk or designee shall make a written recommendation from the interviewing body to the City Council at a City Council meeting preceding term expirations, or when a vacancy occurs, at which time appointments shall be made. At the conclusion of interviews held by the entire City Council, appointments shall be made at the next meeting practicable.
f. In the event of a delay or other inability to make a prompt appointment, the departing incumbent may, unless otherwise directed by the City Council, continue to serve until replaced.
g. Upon City Council adoption of the resolution of appointment, the City Clerk or designee shall notify each appointee in writing and include a statement concerning the legal requirements that the appointee must meet. A copy of the notice of appointment shall be sent to the staff liaison of the appropriate board, commission, or committee.
h. All appointed members to a board, commission , or committee must sign and file a Personal Code of Conduct statement ( Attachment 2 to the City Council Code of Conduct) with the City Clerk or designee.
i. All appointed members to a board, commission , or committee must take an oath or affirmation of allegiance as required by the Constitution of the State of California. The City Clerk or designee shall administer and file the oath of office and determine that all other legal requirements have been met and shall then notify the applicable staff liaison that the appointed member is ready to act in official capacity.
CITY COUNCIL POLICY
SUBJECT: BOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
j. All appointed members to a board, commission, or committee shall attend Brown Act training as provided by the City Attorney’s Office upon appointment and every two years thereafter for the duration of service on the board, commission, or committee. k. California Government Code Section 5 3234, et seq ., as may be amended or renumbered from time to time, requires elected or appointed officials who are compensated for their service or reimbursed for their expenses to take two hours of training in ethics principles and laws every two years. It is the City’s policy to emphasize the importance of ethics in government and , therefore, requires all appointed members to boards, commissions, or committees, except for members of the Youth Advisory Committee, to adhere to the same requirements to receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the Council . The training must occur within two months of assuming office and be renewed within two months of the expiration of the current training certificate. Noncompliant members may not be reimbursed for conferences, training (except ethics training), or receive Shoreline event tickets provided through the City’s ticket distribution program at the City’s expense during the period of noncompliance.
l. The City ’s Conflict of Interest Code as adopted by resolution of the City Council requires that appointed members to certain boards, commissions , and committees shall, within 30 days after assuming the office and annually thereafter, file a statement disclosing the person’s investments and the person’s interests in real property held on the date of assuming office and income received during the 12 months before assuming office. The City Clerk will provide access to the Fair Political Practices Commission form to be filed and the deadline by which the form must be filed. In the event the required form is not filed by the deadline specified, the appointed member shall be immediately suspended from further participation on the board, commission, or committee to which they were appointed until the form is properly filed. Absences from meetings of the board, commission, or committee due to the suspension will be unexcused, and the provisions of Section 3 of this Policy will apply.
2. Selection Process
a. Interviews conducted by the interviewing body shall be performed within equal time limits for each candidate.
CITY COUNCIL POLICY
SUBJECT: BOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
b. Core interview questions shall be selected by the interviewing body. c. Candidates will be asked the same question all at once in a panel format, with answers provided in turn by each candidate in a randomized round-robin order. Each question may start and end with a different candidate.
d. Within the time limits of each interview, the interviewing body may ask a limited number of clarifying questions as a follow -up to a candidate’s answers to the core interview questions in the event a candidate’s answer was unclear or otherwise not understood. Clarifying questions should not be used to allow a candidate an additional opportunity to expand on the original response. e. Each member of the interviewing body shall vote for as many candidates as there are open seats (e.g., if three seats are available, vote for no more than three; if three seats plus one alternate seat are available, vote for no more than four). In the c ase that a variety of terms are open, the candidate(s) with the highest number of votes shall be granted the longest term(s). In the event there is a tie vote, each member of the interviewing body shall revote for the candidate(s) of their choice and the candidate with the highest number of votes wins. The interviewing body may choose another voting method by majority vote.
f. For the purposes of Section 2.e., the CARC shall forward its recommendations for appointment to the City Council for the candidate(s) with the highest number of votes.
3. Vacancies
a. The staff liaison of each board, commission, or committee shall notify the City Clerk promptly in the event that any advisory body member is absent without a qualified excuse for three regularly scheduled meetings consecutively or within a calendar quarter.
b. The City Charter requires an office to become vacant if a board or commission member has been absent from three regular consecutive meetings without a qualified excuse, as defined in Section 3.c . These requirements shall also be applicable to committee members.
CITY COUNCIL POLICY
SUBJECT: BOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
c. Failure to inform the Chair or staff liaison of an absence before the meeting will result in an unexcused absence unless extenuating circumstances prevent advance notice.
A qualified excuse occurs if any of the following apply:
i. The board, commission, or committee consents to the absence either before, or at the meeting immediately after the absence, for the member to attend to official duties of the City, including, but not limited to, representing the City at conferences or official functions;
ii. The member is ill;
iii. The member is on family leave for the birth or adoption of a child; iv. The member is on bereavement leave due to the death of a family member as defined in the City’s Personnel Rules and Regulations; or v. The meeting was not on the board, commission, or committee’s adopted annual schedule of meetings.
d. The status of the absence as excused or unexcused shall be recorded in the meeting minutes.
e. The expectation shall be specified that members are expected to attend all meetings on the adopted annual schedule of meetings.
f. Staff shall submit annual attendance reports to the City Clerk’s Office for the interviewing body to consider during the appointment process . Attendance reports should include the number of meetings on the adopted annual schedule of meetings, the actual number of meetings held (whether on the adopted schedule or not), the number of meetings canceled and reason for cancellation (e.g., if canceled due to lack of a quorum , a listing of the members unable to attend should be provided ), the number of meetings at which a member arrived late and the number of minutes they were late, and the number of meetings attended by each member. g. In the event a member to a board, commission, or committee is convicted of a crime involving moral turpitude or ceases to be eligible, the City Clerk shall notify the City Council, and the City Council shall declare that such office is vacant.
CITY COUNCIL POLICY
SUBJECT: BOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
h. Resignations may be submitted at any time to the City Clerk’s Office to forward to the staff liaison and the City Council.
i. Whenever a vacancy occurs for any reason except for the expiration of the term, the City Clerk shall post a special notice of vacancy in the City Clerk’s Office , City Hall bulletin board, Library bulletin board, and other places as directed by the City Council no earlier than 20 days before or later than 20 days after the occurrence of the vacancy. The City Council shall not make a final appointment to a body for at least 10 working days after the posting of the notice of vacancy. (Government Code § 54974, as may be amended or renumbered from time to time.)
Upon notice of the vacancy, the City Clerk’s Office shall take the appropriate steps from this Policy leading to a recommendation to the City Council for a successor to such vacancy . A successor shall be appointed to serve only to the date of the unexpired term pursuant to Section 905 of the City Charter.
4. Removal
An appointed member of any board, commission, or committee is subject to removal by a motion of the City Council adopted by at least four affirmative votes.
Revised:
Revised: March 14, 2023, Resolution No. 18767
Revised: December 14, 2021, Resolution No. 18634
Revised: June 22, 2021, Resolution No. 18574
Revised: January 26, 2021, Resolution No. 18534
Revised: February 27, 2018
Revised: December 13, 2016
Revised: March 3, 2015, Resolution No. 17945
Revised: January 14, 2014, Resolution No. 17832
Revised: November 17, 2009, Resolution No. 17441
Revised: October 28, 1997
Effective Date: January 26, 1976
CNL POL
K02-CP-so (clean)