SUPPLEMENTAL COUNCIL REPORT
DATE: December 17, 2024
CATEGORY: Consent
DEPT.: City Clerk’s Office
TITLE: Amend City Council Policy K-2, Council
Advisory Bodies
RE
COMMENDATION
1. Ado
pt 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, to be read in title only, further reading waived (Attachment 1 to the Council report).
2. Dir
ect staff to return to the City Council with updated establishing resolutions to convert the following bodies to committees: (1) Human Relations Commission; and (2) Tennis Advisory Board.
BA
CKGROUND
Thi
s information supplements the report originally posted on December 12, 2024.
Att
achments 1 and 2 to the Council report inadvertently omitted text from the definition of “committee” as shown in the underlined text below:
“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 , unless otherwise specified in the esta blishing resolution or ordinance, have members who are not 18 years of age or older, not a resident of Mountain View, and not a United States citizen (otherwise known as a qualified elector) 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 Commit tee created by City Charter Section 1709.”
SUPPLEMENTAL COUNCIL REPORT
Amend City Council Policy K02, Council Advisory Bodies
December 17, 2024
The underlined text was correctly reflected in the original Council report. This supplemental report attaches the corrected versions of Attachments 1 and 2 for the Council to consider at the recommendation of the Council Policy and Procedures Committee.
Prepared by:
Heather Glaser
City Clerk
HG/4/CAM
428-12-17-24CR (Supplemental)
204814
Attachments: 1. Corrected Resolution Adopting City Council Policy K -2
2. Corrected City Council Policy K-2 (redline)
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. – – – – – – – – – – –
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:
Bo
ards 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.
Co
mmittees: 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, unless otherwise specified in the establishing resoluti on or ordinance, have members who are not 18 years of age or older, not a resident of Mountain View, and not a United States citizen (otherwise known as a qualified elector) 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 C
ouncil 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. Appo
inted members to all bodies should be, as nearly as possible, a representative balance of the broad population of the City. However, t he 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.
Exhibit A
CITY COUNCIL POLICY
SUBJECT: BOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
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, 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 firs t 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. P rior 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. P rior 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. A ll 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 53234 , 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 P olicy 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)
CITY COUNCIL POLICY
SUBJECT: COUNCIL ADVISORY BODIESBOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
PURPOSE:
To establish policies and procedures governing the appointment of City commission, board, commission, and committee members (collectively, “Council advisory 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, unless otherwise specified in the establishing resolution or ordinance, have members who are not 18 years of age or older, not a resident of Mountain View, and not a United States citizen (otherwise known as a qualified elector) 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 Mayor shall appoint three Councilmembers to theThe Council Appointments Review Committee (CARC) is responsible for screening candidates and making recommendations for appointments to the entire City Council, one of whom shall be designated as Chair. The responsibility of the Council Appointments Review Committee is to systematically screen candidates and make recommendations 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. Per the City Charter, it is the policy of the City Council to appoint qualified electors (i.e., registered voters) of the City to the Environmental Planning Commission, Board of Library Trustees, Parks and Recreation Commission, and Rental Housing Committee. For all
CITY COUNCIL POLICY
SUBJECT: COUNCIL ADVISORY BODIESBOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
other non-Charter advisory bodies, members are not required to be registered voters and may serve regardless of immigration status.Appointed members to all bodies should be It is also the policy of the City Council to appoint members to all advisory bodies who will provide, as nearly as possible, a representative balance of the broad population of the City.
Appointees to Council advisory bodies serve at the pleasure of the City Council.
Charter Section 900 prohibits members of any board or commission established by the City Charter (the Environmental Planning Commission, Board of Library Trustees, Parks and Recreation Commission, and Rental Housing Committee) from holding any employment in the City government. For all other non-Charter advisory bodies, appointments may include individuals employed by the City of Mountain View if there is no conflict between the duties, functions, or responsibilities of the Council advisory body position and the roles and duties of the City employment position and if the individual is also a resident of the City of Mountain View.
However, Tthe overriding criterion for appointment , however, 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 persons members to all bodies shall be limited to two consecutive terms prior to reappointment on a given advisory body, with the exception of the Downtown Committee unless otherwise specified in the establishing resolution, 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 an insufficient number of new applications are received, the City Council may reappoint beyond this limit.
43. A person appointed to an advisory body can only serve on one advisory body at a time.
Unless appointed to an unexpired term of less than two years caused by resignation or other such vacancy, the term of office for each advisory 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.
54. 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.
CITY COUNCIL POLICY
SUBJECT: COUNCIL ADVISORY BODIESBOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
65. Persons being considered for appointment (or reappointment) must be interviewed at least once to qualify for appointment to any board, commission, or committee.
76. Each Council advisory bodyboard, commission, or committee shall adopt an annual schedule of meetings 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.
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. (1)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.(2) In NO no case shall automatic reappointment of an incumbent be assumed. iii.(3) The Council Appointments Review Committeeinterviewing body will consider the actual performance, contribution, and attendance record of incumbents in determining whether the person should be reappointed.
iv.(4) The City Clerk or designee will provide the Council Appointments Review Committee Chairinterviewing body with a listing of all eligible incumbents interested in being reappointed.
CITY COUNCIL POLICY
SUBJECT: COUNCIL ADVISORY BODIESBOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
b. Prior to term expirations, the City Clerk or designee shall, in coordination with the Council Appointments Review Committee Chair, 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 advisory 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 recommending interviewing body.
Additionally, the City Clerk shall send all current applicants a new application form and a brief synopsis of this City Council Policy. In the event an insufficient number of new applications for Council advisory body 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 serving a second terminterested in reappointment as determined in Section 1.a.
c. Prior to term expirations, the City Clerk or designee shall provide the Council Appointments Review Committeeinterviewing body with copies of applications received for all advisory body openings. Prior to term expirations, or when a vacancy occurs, the Council Appointments Review Committeeinterviewing body shall interview all applicants , except for applicants for the Environmental Planning Commission, Rental Housing Committee, and Public Safety Advisory Board, which shall be interviewed by the entire City Council.
d. In the event an insufficient number of applications are received for a Council advisory bodyany board, commission, or committee with expiring terms, an incumbent may be recommended for appointment by the Council Appointments Review Committeeinterviewing body without being interviewed again. If a majority of the Council Appointments Review Committeeinterviewing 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.
CITY COUNCIL POLICY
SUBJECT: COUNCIL ADVISORY BODIESBOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
ed. The Council Appointments Review CommitteeCity 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.
ge. Upon City Council adoption of the resolution of appointment, the Council Appointments Review Committee ChairCity 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 advisory bodyboard, commission, or committee. hf. All persons appointed to an advisory bodyappointed members to a board, commission, or committee must sign and file a Council Advisory Body Personal Code of Conduct statement (Attachment 2 to the City Council Code of Conduct) with the City Clerk or designee.
ig. All persons appointed to an advisory bodyappointed members to a board, commission, or committee must take either the loyalty oath required by the State Constitution as set forth in Attachment A or, if they are not a U.S. citizen, the alternative oath in Attachment B to this Policyan 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 of the advisory body that the appointee appointed member is ready to act in official capacity. jh. All persons appointed to an advisory bodyappointed members to a board, commission, or committee shall attend Brown Act training as provided by the City Attorney’s Office upon joining the advisory bodyappointment and every two years thereafter for the duration of service on the advisory bodyboard, commission, or committee.
ki. Assembly Bill 1234California Government Code Section 53234, et seq. , as may be amended or renumbered from time to time, requires elected or appointed officials
CITY COUNCIL POLICY
SUBJECT: COUNCIL ADVISORY BODIESBOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
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 advisory bodyappointed 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 advisory body 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. lj. The City’s Conflict of Interest Code as adopted by resolution of the City Council requires that certain advisory body membersappointed 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 advisory bodyappointed member shall be immediately suspended from further participation on the body board, commission, or committee to which they were appointed until the form is properly filed. Absences from meetings of that bodythe 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 City Council and interviews conducted by the Council Appointments Review Committeeinterviewing body shall be performed within equal time limits for each candidate.
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.
CITY COUNCIL POLICY
SUBJECT: COUNCIL ADVISORY BODIESBOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
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 case 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 advisory bodyboard, 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 an advisory bodya 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.
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 advisory bodyboard, commission, or committee consents to the absence either before, or at the meeting immediately after the absence, for the advisory
CITY COUNCIL POLICY
SUBJECT: COUNCIL ADVISORY BODIESBOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
body member to attend to official duties of the City, including, but not limited to, representing the City at conferences or official functions; ii.• The advisory body member is ill;
iii.• The advisory body member is on family leave for the birth or adoption of a child; iv.• The advisory body 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 advisory body member’s board, commission, or committee’sformally adopted annual schedule of meetings. dc. 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.
d. When an advisory body member knows in advance that the member will be absent from a meeting, the member shall give advance notice to the Chair and/or staff liaison. e. Except as set forth in Section 1.j., the advisory body Chair, in consultation with the staff liaison, shall propose that each absence be defined as “excused” or “unexcused” at the meeting at which the advisory body member is absent. Each advisory body will then determine by general consent (or, failing to achieve general consent, by majority vote) the status of the absence as excused or unexcused and include that record in the meeting minutes.
f. It shall be specified that failure to inform the chair or the staff liaison of an absence prior to the meeting will result in an unexcused absence, unless extenuating circumstances prevent advance notice.
g. The City Council will take into consideration attendance records when evaluating the overall performance of advisory body members.
hf. Staff willshall submit annual attendance reports to the City CouncilClerk’s Office for the interviewing body to consider during the appointment process . Attendance
CITY COUNCIL POLICY
SUBJECT: COUNCIL ADVISORY BODIESBOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
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. ig. In the event an advisory body 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, who shall then and the City Council shall declare that such office is vacant.
jh. Resignations may be submitted at any time to the City Council, either directly or through the advisory body chair.City Clerk’s Office to forward to the staff liaison and the City Council.
ki. 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 n advisory 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.) l. 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.
CITY COUNCIL POLICY
SUBJECT: COUNCIL ADVISORY BODIESBOARDS, COMMISSIONS, AND COMMITTEES NO.: K-2
4. Removal
An advisory bodyappointed 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