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DISCUSSION AND POSSIBLE ACTION REGARDING THE REAPPOINTMENT PROCESS FOR MEMBERS OF CHULA VISTA COMMISSIONS WHO ARE INTERVIEWED AND APPOINTED BY THE COUNCIL
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RECOMMENDED ACTION
Recommended Action
Council discuss the reappointment process and provide direction to staff.
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SUMMARY
The Council made a referral to staff to provide information and possible alternative processes for the reappointment of members to commissions who are interviewed and appointed by the Council. This item presents some suggestions for processes for Council’s consideration.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
Background
The Council made a referral to staff to provide information and possible alternative processes for the reappointment of members to commissions who are interviewed and appointed by the Council.
There are 19 active boards and commission in the City. The full Council interviews and appoints members to four of them. The commissions whose members are interviewed and appointed by the full Council are:
- Growth Management Oversight Commission
- Parks & Recreation Commission
- Planning Commission
- Two seats on the Civil Service Commission
The standard term for these commissions is four years, beginning July 1 and ending June 30 four years later. Members are limited to serving a maximum of two consecutive terms.
Current Reappointment Process and Timeline
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Timeframe |
Activity |
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Throughout the year |
Commission secretaries are responsible for providing the Councilmembers with copies of minutes within 10 days of approval (CVMC 2.25.230) |
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By December 31 |
A list of commission members whose terms expire the following calendar year is posted at City Hall, the Civic Center Library, and online, in compliance with the Maddy Act. |
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June |
The City Clerk’s office contacts eligible Commissioners to determine their interest in being considered for reappointment. |
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July 1 |
Councilmembers are provided an informational memorandum with the attendance records and activities for the previous fiscal year. (CVMC 2.25.120, 2.25.280) |
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Early- to Mid-July |
An item is placed on the Council agenda for the Council to consider whether or not to reappoint those members who are eligible and interested. |
Reappointment Process Options
1. Continue the current process. Consider reappointments based on the member’s attendance, and the commission’s activity report, and minutes. A report indicating the member’s compliance with required training can also be provided. A majority of the Council votes to either approve or disapprove the reappointment. If the reappointment is not approved, the seat would then be filled using the established appointment process.
2. Add an interview component to the existing process. The Council could interview incumbents as part of the reappointment process. In a survey of other cities (see tables below and Attachment 2), interview processes ranged from asking incumbents to make a brief statement regarding their interest and qualifications at a regular Council meeting, to scheduling a special meeting at which the Council asked a series of questions.
3. Appoint a subcommittee of the Council to make reappointment recommendations. The Council could appoint a subcommittee of two members who could make recommendations for reappointments to the full Council for consideration.
4. Require incumbents to reapply. Use the existing appointment process (see Attachment 1) to consider the incumbent as well as any qualified members of the public who wish to be considered to fill the seat.
If the Council chooses a process that involves interviewing incumbents, the interview process could be waived for those members who have served less than two years. When a member is appointed to fill a mid-term vacancy, he or she serves for the remaining unexpired term. If the unexpired term has less than two years remaining, it is not considered a term for purposes of the two-consecutive-term limit. Therefore, an individual appointed to fill an unexpired term of less than two years may subsequently be appointed to two full terms. For example, one of the terms expiring in June 2016 is for a member of the Parks and Recreation Commission who was just interviewed by the full Council and appointed in November 2015. The member filled a vacancy that had only seven months remaining in the unexpired term. The Council may decide not to re-interview incumbents in similar situations.
Survey Results of Other Cities’ Reappointment Processes
Forty-five California cities responded to a survey regarding their reappointment processes. Results of the survey have been attached (Attachment 2). Highlights of the survey are presented below:
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Support for boards and commissions, including executing reappointment processes, is directly related to the Connected Community goal. Members of the City’s boards and commissions play a vital role by participating in the City’s processes and helping influence public policy with their diverse viewpoints.
CURRENT YEAR FISCAL IMPACT
The current fiscal year impact is anticipated to consist of staff time to coordinate reappointments using the Council’s desired processes. Staff does not anticipate that additional funds will be required.
ONGOING FISCAL IMPACT
The ongoing fiscal year impact is anticipated to consist of staff time to process reappointments using the Council’s desired processes. Staff does not anticipate that additional funds will be required.
ATTACHMENTS
1. Interim Appointment Process for Members of the Growth Management Oversight, Parks and Recreation, Planning, and Civil Service Commissions
2. Survey results
Staff Contact: Kerry Bigelow