HomeMy WebLinkAbout13 CITY COUNCIL ATTENDANCE POLICYMEETING DATE:
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SUMMARY
Agenda Item I3_
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AGENDA REPORT City Manager
Finance Director N/A
June 19, 2012
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
JEFFREY C. PARKER, CITY MANAGER
CITY COUNCIL ATTENDANCE POLICY
Council Member Amante has asked the City Council to consider an Attendance Policy
for City Council Members. Council Member Amante is requesting that the City Council
consider a policy that would allow one or more Council Members to agendize review of
excessive absenteeism by a Council Member.
RECOMMENDATION
For the City Council to review and consider Council Member Amante's proposal for an
Attendance Policy, and if approved, direct staff to bring back a resolution establishing
such policy.
FISCAL IMPACT
There is no fiscal impact associated with this Agenda Item.
BACKGROUND
In reference to General law cities' absentee policies, Government Code Section 36513
(a) states the following:
"if a city councilmember is absent without permission from all regular city
council meetings for 60 days consecutively from the last regular meeting
he or she attended, his or her office becomes vacant and shall be filled as
any other vacancy."
The City of Tustin is a general law city subject to Government Code Section 36513(a).
Charter Cities, however, are not governed by the Government Code and have the ability
to establish their own policies towards vacancies and absences. Examples of three (3)
charter cities' regulations regarding absences is attached hereto as Attachment 1 for
Council's reference.
Agenda Report
June 19, 2012
Page 2
Since the City of Tustin adheres to the Government Code, and other than Government
Code Section 36513 (a), there is no specific ability for a Council Member to be removed
from office because of missed City Council meetings. The purpose of this policy is for
Council Members to recognize the importance of attending meetings and the significant
impact when meetings are missed.
The following policy is recommended
1. Council Members shall miss no more than two (2) regularly scheduled City Council
meetings per quarter.
2. In the event a Council Member is absent for a third meeting within a quarter, any
other Council Member shall have the power to schedule a review at the next regularly
scheduled council meeting to discuss issuing a reprimand against the Council Member
having missed more than two (2) meetings in a quarter.
This policy is designed to ensure that the decision making and public policies of the City
are carried out with the participation of the full body of the City Council. When a
member or members of the City Council are absent, there is a negative impact on the
Council in conducting its business. Adopting an attendance policy will allow members
of the Council to bring to light excessive absences by fellow elected officials in the
future for potential corrective measures.
Attachment 1
Cypress (charter) In their charter, there is a section on how a Council Member will forfeit his
office if: "...(4) without consent of the Council is absent from all regular
Council meetings for a period of sixty consecutive days and the first regular
meeting thereafter, said period to be completed from the last regular
Council meeting he attends..." That's the closest we have to an attendance
policy.
Huntington Beach
(charter)
Council members write a memo asking permission to be absent from a
council mtg. The memo is part of the agenda packet, and is announced at
roll call time. If there are no council objections, the minutes reflect
permission is given by consensus. Our charter requires electeds (10) not
miss all mtgs within a 30 day period without permission. That is the source
of the memo process. Permission has never been questioned -- council
rarely misses meetings (2 a month).
Santa Ana (charter)
Sec. 403. - Vacancies.
In the event of a vacancy in the City Council, for whatever cause, the
City Council shall declare the office vacant and fill the same by
appointment. In each case the person so appointed shall hold office until
the next general municipal election and until his successor is elected and
qualified for the remainder of an unexpired term. Such appointee must, at
the time of his appointment and continuously for one (1) year prior thereto,
have been and be a resident of the ward from which his predecessor was
elected. If the City Council shall fail to fill a vacancy by appointment within
thirty (30) days after such an office shall have become vacant, it shall
forthwith cause an election to be held to fill such vacancy.
If a member of the City Council absents himself from all regular
meetings of the City Council for a period of sixty (60) days consecutively
from and after the last regular City Council meeting attended by such
member, unless by permission of the City Council expressed in its official
minutes, his office shall become vacant and shall be so declared by the
City Council.
(Ord. No. NS -1346, 1- 25 -77, approved at election 4 -5 -77; Ord. No. NS -1864,
B- 19 -86, approved at election 11 -4 -86)