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Home My WebLink About03 ATTENDANCE POLICY1TY O AGENDA • �s MEETING DATE: TO: FROM: SUBJECT: SUMMARY July 3, 2012 Agenda Item 3 Reviewed: City Manager Finance Director � HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL JEFFREY C. PARKER, CITY MANAGER CITY COUNCIL ATTENDANCE POLICY At the Council's last meeting, the Council directed staff to bring back a Council Resolution establishing an attendance policy to provide that (1) Councilmembers shall miss no more than two (2) regularly scheduled City Council meetings per quarter, and (2) in the event a Councilmember is absent for a third meeting within a quarter, any other Councilmember shall have the power to schedule a review at the next regularly scheduled council meeting to discuss issuing a reprimand against the Councilmember having missed more than two (2) meetings in a quarter. RECOMMENDATION Approve Resolution Number 12 -70 establishing a Council Member Attendance 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: "7f 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. 864396.1 Agenda Report — Council Attendance Policy July 3, 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. Pursuant to the Council's direction at the last meeting, the attached Resolution would establish a policy that: 1. Councilmembers shall miss no more than two (2) regularly scheduled City Council meetings in any three -month period of time; and 2. In the event a Councilmember is absent for a third meeting within any three - month period of time, any other Councilmember shall have the power to schedule a review at the next regularly scheduled Council meeting to discuss whether to issue a reprimand against the Councilmember having missed more than two (2) meetings in a three -month period. Staff will be available to address any questions. 864396.1 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 Council members write a memo asking permission to be absent from a (charter) 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, 8- 19 -86, approved at election 11 -4 -86) 864396.1 RESOLUTION NO. 12 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AN ATTENDANCE POLICY APPLICABLE TO CITY COUNCIL MEMBERS WHEREAS the decision making and public policies of the City are best carried out with the participation of the full body of the City Council. WHEREAS, when a member or members of the City Council are absent, there is a negative impact on the Council in conducting its business. WHEREAS, the City Council finds that 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. NOW THEREFORE, THE CITY COUNCIL, OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 1. No Tustin City Councilmember shall miss more than two (2) regularly scheduled City Council meetings in any three (3) month period of time; and 2. In the event a Councilmember is absent for a third meeting within any three (3) month period of time, any other Councilmember shall have the authority to schedule a review at the next regularly scheduled Council meeting to discuss whether the Council should issue a reprimand against the Councilmember having missed more than two (2) meetings in a three (3) month period. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 3rd day of July 2012. JOHN NIELSEN Mayor ATTEST: PATRICIA ESTRELLA City Clerk Services Supervisor APPROVED AS TO FORM: DAVID E. KENDIG City Attorney Resolution 12 -58 Page I of 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN I, Patricia Estrella, City Clerk Services Supervisor and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 12 -58 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rtl day of July, 2012, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PATRICIA ESTRELLA City Clerk Services Supervisor Resolution 12 -58 Page 2 of 2