3.1 COMMISSION ROLES, RESPONSIBILITIES, &
RULES OF CONDUCT
City staff members are assigned to act in a technical advisory capacity and to provide professional support to a committee/commission. You should feel free to contact the staff liaison if you have any questions about the committee/commission activities. Direction and guidance for City liaisons and staff members in facilitating the work of City Commissions is provided in Administrative Policy/Procedure (APP) 2.12.
An effective agenda is critical to a smooth running and productive meeting. Agendas are prepared by the staff liaison in collaboration with the Chairman of the Commission. If you wish to have an item placed on the agenda, the Chairman or staff liaison should be contacted in advance of the meeting. Only items appearing on the agenda may be considered at each meeting. All agendas must provide an opportunity for public comment.
Items for the Commission agenda are generated from: a) special matters for consideration as directed by the City Council; b) regular matters for consideration pursuant to the Commission’s duties; c) regular matters for consideration consistent with the City Council’s Strategic Plan and Annual Budget Work Program; and, d) new matters approved by the Commission pursuant to a majority vote of said Commission for consideration and consistent with the Commission’s duties as defined by the Charter and Municipal Code, and the City Council’s Strategic Plan, the Annual Budget Work Program and available resources.
All commission agendas must be posted at “Door 1" bulletin board as required, and a copy should be placed in the commission binder on the City Clerk's counter. A "Proof of Posting" with a copy of the agenda attached, should be filed in Central Files. The agendas and agenda packets are published to the City’s website at City of Redondo Beach - Calendar (legistar.com).
Upon their own initiative, the Chairman or a Commissioner may identify issues for their Commission’s possible attention. A Commissioner will have the opportunity to “introduce” their proposed item(s) in writing on an Agenda consistent with the State Brown Act. However, it is the Commission that decides to refer the proposed item for staff evaluation and placement on a future agenda OR dismiss the proposed item with no further action. Only by a majority vote of the Commission will any item be accepted for the Commission’s “consideration” on a future agenda.
The Chairman and Commissioners do not have the individual authority to place items on the Commission agenda or direct the staff to take action on their items.
Matter approved by the Commission for the agenda shall be consistent with the Commission’s duties, the City Council’s Strategic Plan, the Annual Budget Work Program and available resources. Background materials prepared by a Chairman or Commission on an agenda item
STAFF LIAISON
THE AGENDA
AGENDA ITEMS FROM THE CHAIRMAN OR COMMISSIONER
approved for Commission consideration will be copied and distributed to the Commission as part of the Agenda packet for the meeting. Should a matter not be consistent, a brief memo from the staff describing the reason will be provided to the Commission.
Each board and commission shall maintain a true and correct record of all proceedings of such board or commission, more commonly known as "Minutes."
Minutes of the board/commission meetings are the official document for recording board/commission actions. Copies are provided to the City Clerk, kept on file, and published to the website. Minutes are a record of the actions of the commission/board and not a verbatim review of the meeting.
Each board or commission shall meet as soon after the first day of October of every year to elect one of its members to serve as Chairperson for the ensuing year.
A chairperson is usually elected annually by the board/commission. The chairperson serves as the presiding officer at the meetings. It is the responsibility of the chairperson to assure that meetings are professional, kept under control, and that decorum is maintained.
No individual should be allowed to monopolize audience discussion time. It is recommended that each board/commission adopt a time limit for speakers and that the limit be strictly enforced.
Questions and comments by citizens should be directed to the chairperson and not to staff, consultants, or the audience. COMMENTS OF A PERSONAL NATURE ARE TOTALLY OUT OF ORDER!
When a speaker has the floor, no interruptions should be permitted. The chairperson should advise the audience at the beginning of the meeting that cheering, booing, and applause are not appropriate conduct.
If a public hearing is being conducted, the hearing should be closed after all interested persons have had an opportunity to speak. After the hearing is closed, no new testimony may be presented by the audience.
It is frequently helpful for the chairperson to briefly solicit the position of each board/commission member before a motion on any item is made. This will assist in making a motion that incorporates the sense of the majority of the members and will reduce the number of amendments to motions.
Except in the case of a conflict of interest, all board/commission members should vote on the item, since that is one of the most important tasks they are appointed to perform.
MINUTES
CHAIRPERSON
Above all, the chairperson, with the cooperation of the board/commission members, must keep the direction of the meeting on track and avoid having it bogged down by endless discussion of minor details.
Keep in mind that public meetings are the place where most of the work of the board/commission takes place and where its credibility and reputation are established.
Board/commission members are urged to make every effort to attend all meetings. If a member must be absent, they must notify the City Clerk by email to [email protected], as far in advance of the meeting as possible, providing a brief explanation (business or personal) so an excused absence may be requested from the City Council. Members shall also copy the staff liaison in this communication to assist in determining that a quorum can be established for regular meetings. Out of respect to fellow board/commission members and to the general public, members should make every effort to arrive promptly at every meeting.
If a member of the board/commission will not be able to attend or knows in advance that they will be absent, you must immediately and prior to the absence(s) notify the City Clerk, in writing, and also contact the board or commission liaison, of the absence(s) and the reason for such absence(s), and request that the Mayor and City Council declare the absence excused.
If a commissioner has not attended regular meetings for a period of 60-days consecutively following the last regular Meeting--unless permission of the City Council has been granted and expressed in its minutes--and for other limited reasons, the commissioner’s office shall become vacant, as stated in the Municipal Code Section 2-9.107. The RBMC states the following: “In the event that any member of any board or commission shall be absent from the regular meetings of such board or commission for a period of sixty (60) days consecutively following the last regular meeting attended by such member, unless by permission of the City Council expressed in its official minutes, or in the event such member shall be convicted of a crime involving moral turpitude, or ceases to be a registered voter of the City, his or her office shall become vacant and shall be so declared by the City Council.
Vacancies occurring in any board or commission shall be filled in the manner set forth in Section 2-9.100.”
The members of the boards/commissions serve at the will and pleasure of the City Council and therefore, may be removed at any time by a vote of the majority of the City Council, pursuant to Municipal Code Section 2-9.109. The RBMC states the following: “The members of each board and commission may be removed from office by a vote of the majority of all members of the Council.” If and when the City Council vacates or declares vacant a board and commission position, a notice of an unscheduled notice will be posted in accordance with laws and/or the City Charter and RDMC, as applicable.
ATTENDANCE, VACANCY, AND REMOVAL
See Section in Handbook specific to the Brown Act, Government Code Sections 54950-54963 (Text) The Brown Act, which was passed in 1953, has become a model public meeting law for the country. The opening section of the law states that:
"In enacting this chapter, the legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly."
The Act extends to any advisory commission, board or body of a local agency. Its relevant provisions include the following: with some exceptions, meetings of advisory bodies must be held within the territory of the local agency, meetings must be open to the public, and notice of meetings must be delivered prior to the meeting to the press and public pursuant to the provisions of the Government Code.
A "meeting" takes place whenever a quorum of the board/commission is present and official business is conducted. A committee or commission member who attends a meeting where action is taken, knowing that the meeting is in violation of the Brown Act, is guilty of a misdemeanor. "Action taken" means a collective decision made by a majority of the members of the legislative body, a collective commitment or promise to make a positive or negative decision, or an actual vote by the majority of the members on a motion, proposal, resolution, order or ordinance.
A “serial meeting” or “daisy chain” meeting is also prohibited by the Brown Act. This is a meeting that may be an intentional or inadvertent gathering or communication (directly or indirectly with an intermediary person) of a majority of members of a legislative body in which a vote, discussion, debate, or deliberation occurs relating to matters within the subject matter jurisdiction of the body.
This may also occur via technology, such as any social media platform, telephone, teleconference, text messages, or email communication that may occur among the majority of the members of the legislative body.
Violations may also inadvertently occur during meetings if discussions of items not listed on the agenda are not kept brief and within the scope of the agendized matter being discussed or deliberated.
Any questions concerning the effect of the Brown Act should be directed to the City Attorney and/or City Clerk.
THE BROWN ACT - OPEN MEETING LAW
The Government Code provides that "No public official at any level of state or local government shall make, participate in making, or in any way attempt to use an official position to influence a governmental decision in which there is a financial interest." Most members of boards, commissions or committees are subject to the City's Conflict of Interest Code and will be required to file a Statement of Economic Interests with the City Clerk. These statements are required upon assuming office, annually and upon leaving office and are open to public inspection.
Any commission member who has a doubt as to whether or not there is a financial interest in any decision before the commission should contact the City Clerk prior to the time required to make the decision.
California Government Code Sections 87200-87210, Article 2, of the Political Reform Act of 1974 identifies positions required to file Statements of Economic Interest (FPPC Form 700), often referred to as 87200 filers. This section requires members of the City Planning Commissions to file a conflict of interests statement (FPPC Form 700), disclosing investments, interests in real property, and income received during the period covered by the statement. This statement must be filed with the FPPC and a copy must be filed with the City Clerk's office upon assuming office, annually, and upon leaving office. The Clerk's office will notify these commissioners of their filing requirements in a timely fashion.
The Political Reform Act also requires cities to adopt a Conflict of Interests Code listing those boards and commissions, which are involved in the "making, or participate in the making, of decisions, which may foreseeably have a material effect on any financial interest." At this time, the City's Conflict of Interest Code (Resolution No. 2209-066) requires certain boards and commissioners to file disclosure statements (FPPC Form 700). Following is the link to File FPPC Form 700 https://www.netfile.com/Filer. For FPPC information, visit: Form 700 (ca.gov).
Members of these commissions will be required to disclose investments, interests in real property, sources of income, and business positions held. The City Clerk's Office will notify these boards and commissioners of their filing requirements in a timely fashion and will provide needed forms and instructions to them.
Commissioners are to exercise their due diligence to review and investigate if there may be potential conflicts with upcoming property addresses or items listed on the respective agendas in advance of the meeting. It is the responsibility of the member to identify potential conflicts so they may announce their potential conflict and are required to recuse themselves from participation and voting and must leave the dais.
CONFLICT OF INTEREST
Public officials—elected and appointed—wield the power of government and serve as stewards of both the public’s resources and trust. For this reason, the public holds public officials to high standards of ethical conduct. The role of public perception makes public service ethics unique. A public official’s own analysis of what constitutes the “ethical” course of conduct is only the first step of the analysis. The second is whether the public will perceive a particular course of action as being ethical. Perception is particularly important in the area of public service ethics. Public agency decision-making bodies – which include many advisory committees – must conduct their business in an open and public meeting.
For this reason, the City of Redondo Beach is requiring each of their appointed commissioners to complete this training. The goal of AB 1234 training is to acquaint local officials with the laws that govern their behavior and motivate them to comply with such laws.
When local officials receive the online training*, they will be given proof of participation. Copies of these certificates should be provided to the City Clerk and maintained as public records subject to disclosure to the media, the public and others for at least five years. The training can occur inperson, online or on a self-study basis (read materials and take a test). A variety of organizations offer such training, at conferences and leadership academies. At the conclusion of the 2-hour training, a certificate is issued. Such certificate is to be forwarded to the City Clerk. Certificates expire every two years and it is the members responsibility to remain in compliance. To take the online* training, please click the link that follows: Login Form (ca.gov). (*Please note that as of January 1, 2024, this service will no longer be available and the link will be inactive. Please contact the City Clerk’s Office for other options.) It is important to note that Ethics Training will be available via the internet thru December 2023, after that date filers will have to consider other options. Certificates expire every two years.
Selection as an active member of a City board or commission provides a unique opportunity for genuine public service. Although the specific duties of each of Redondo Beach's advisory bodies vary widely with the purpose for which they are formed, there are certain responsibilities common to all commission and board members. The following is a summary of the important responsibilities of members, and guidelines, which will assist in maximizing one's contribution to the community.
A. Training
All commissioners are required to attend (online or in person) the following training within 90 days of appointment for each new term:
x Commission Orientation
x Ethics Training (AB 1234)
Commission Orientation will be coordinated by the City Clerk’s Office. Ethics training may occur in person, online or through a self-study basis. A list of organizations offering ethics training will be provided by the City Clerk’s Office.
B. Understanding the Role and Scope of Responsibility of the Board/Commission Board/commission members should become acquainted with the City programs within their group's scope of interest by consulting with relevant staff liaison. However, the role of the ETHICS TRAINING ASSEMBLY BILL AB1234
RESPONSIBILITIES OF BOARD/COMMISSION MEMBERS
board/commission is to advise the City Council on specific City program areas and related policies, not to establish City policy or administer City programs.
C. Be Careful to Properly Represent the Board/Commission Individual board/commission members must not represent their own views or recommendations as those of the board/commission unless the majority of the body has officially voted to approve such action.
Board/commission members making recommendations or expressing views not approved by a majority of a board/commission should indicate they are expressing themselves as private citizens.
Public statements should contain no promises to the public that purport to be binding on the board/commission, staff or City Council.
D. Be Concerned with the Entire Community
Although board/commission members may be selected in part on the basis of representing clearly defined groups, in order to assure that all interests are voiced and considered, upon appointment each member should represent the overall public good and not that of an exclusive group or interest. The question, "What is good for the entire community?" should take precedence over "What will increase the advantage of my interest group?" E. Keep the Lines of Communication Open
A board/commission is in the unique position of serving as a liaison between the City and the general public in helping to reconcile contradictory viewpoints and building a consensus around common goals and objectives. Therefore, each member must serve as a communication link between the community and the City, explaining city programs and recommendations, as well as providing a channel for citizen expression.
F. Be Conscious of Your Relationship to the City Council and City Staff Commissioners serve at the pleasure of the Mayor and City Council. Good relations with the City Council and City staff are necessary for the successful operation of any board/commission. It is important that each board/commission member is accountable to the City Council and respects the authority of those who, in the end, will be charged with the final responsibility for action taken by the City. To avoid placing the City Council and City staff in a compromising position and to facilitate effective communications, it should be clear that your actions as a board/commission are as a body.
G. Establish a Good Working Relationship with Other Board/Commission Members On many occasions the success or failure of the efforts of a board/commission member is largely dependent upon the degree of cooperation evident among the individual members of the body. In order to build a consensus around common goals and objectives, members will often have to first reconcile contradictory viewpoints and show a willingness to objectively consider the real and/or basic issues.
Another way of developing this cooperation is for each board/commission member to ensure that meetings proceed in an orderly manner. The chairperson is primarily responsible for seeing that consideration of agenda items moves along expeditiously, but with reasonable time allocated to each item. Each member can assist the chairperson by becoming familiar with the basic rules of parliamentary procedure and by adequately preparing any presentation to be made to the board/commission.
Other important points which each board/commission member should consider in the relationship with other members are as follows:
1. Always show respect for each individual's viewpoint.
2. Allow other members adequate time to present their views fully before making comments.
3. Be open and honest at all times.
4. Recognize new members and see that they are made welcome and receive assistance in becoming acquainted with their new duties.
It is the responsibility of board and commission members to make adequate preparations for each meeting. It is important for each board and commissioner to review the agenda, staff reports, and documents presented to them, in advance and prior to the meeting. Please make arrangements, as soon as possible, to speak to the board or commission liaison in advance, if you have questions or concerns relating to any agenda matters and items, so that each member can be adequately prepared. Staff is here to help you succeed in your role as a board and commissioner. Being prepared will greatly assist you when it comes time to vote on an issue. If members do not participate when they do not have a genuine conflict of interest, they are not carrying out the primary job for which they were appointed.
The City Council and City Staff hope this handbook will assist you in performing your duties as a member of a board/commission. Your job is truly an important one and a valuable community service. In advance, thank you for your contribution!
2021 - Last Update: Ordinance No. O-3221-21 (9/21/2023) re: Removal 2019 - Amended on 9/2019, see Attendance;
2010 - Adopted 9-21-10 (and Reaffirmed by City Council Resolution CC-1111-530; 11/8/2011;
BE PREPARED TO VOTE
CONCLUSION