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HomeMy WebLinkAbout11 COMMISSIONER RESIGNATIONS & TIMING FOR REPLACEMENT APPOINTMENTSv.A MEETING DATE TO: FROM: SUBJECT: SUMMARY AGENDA REPORT FEBRUARY 5, 2013 JEFFREY C. PARKER, CITY MANAGER DAVID KENDIG, CITY ATTORNEY Agenda Item 11 Reviewed: City Manager Finance Director /A RESIGNATION OF COMMISSIONERS UPON RUNNING FOR CITY COUNCIL; TIMING OF PROCESS FOR REPLACEMENT APPOINTMENTS. This report responds to the City Council's request that the City Manager and City Attorney report back regarding whether a uniform rule applies to all commissions that requires any commissioner to resign upon filing nomination papers to run for City Council. RECOMMENDATION Direct the City Attorney to return to the Council with a proposed Resolution directing the following steps to be taken when future Commission resignations or vacancies occur: (A) Bring to the Council a proposed replacement commissioner appointment schedule for each resignation within two (2) Council meetings after the date of a commissioner resignation, and (B) Include in any such schedule: (i) the time and manner for public notice of the vacancy and for requesting applications from interested individuals; (ii) a deadline for such applications to be submitted; and (iii) time for City Council interviews of the candidates and appointment of the replacement Commissioner. FISCAL IMPACT None. BACKGROUND AND DISCUSSION During its February 21, 2012 discussion of Commission Appointments, the City Council requested a report back about whether the proscription with regard to resignations on the Planning Commission applies to the City's other commissions, and requested to have a discussion as to when replacement appointments will take place when those resignations occur. City Council Agenda Report February 5, 2013 Resignation Of Commissioners Upon Running For City Council Page 2 Resignation Upon Filing Papers To Run for City Council Tustin City Code section 1513 governs the appointment and terms of the City's Planning Commissioners. With regard to resignations, that section provides as follows: "All members of the Commission shall serve at the pleasure of the City Council and may be removed upon motion of the City Council adopted by at least three (3) affirmative votes. All members of the Commission shall serve until their respective successors are appointed and qualified. "A member of the Planning Commission shall automatically be deemed removed from office upon the filing of nomination papers as provided in Section 1305b of this Code or upon the occurrence of three (3) successive unexcused absences from Planning Commission meetings or upon more than five (5) absences from Planning Commission meetings within any six (6) consecutive month period." Although Section 1513 itself applies only to the Planning Commission, a separate section of the Tustin City Code makes the same requirement applicable to all Ci Commissions. Specifically, Tustin City Code section 1305(b) provides as follows: Resignation of Commissioner Council Candidate "Any member of any commission of the City on whose behalf there has been filed nomination papers for the office of City Councilman shall immediately resign from his position as commissioner. In the event such resignation is not filed by said commissioner, his appointment shall be terminated as of the date of filing of nomination papers." As a result, the Tustin City Code currently applies a uniform rule to all Commissioners, requiring any member of any City Commission to resign when they file nomination papers to run for City Council. Unless the City Council would like to revise that rule to establish a different requirement, it appears no amendments to the City Code are needed to ensure a uniform resignation rule applies to all City Commissioners. City Council Agenda Report February 5, 2013 Resignation Of Commissioners Upon Running For City Council Page 3 When Replacement Appointments Will Take Place As noted above, the Council requested an opportunity to discuss when replacement appointments will take place after resignations occur. The February 5`h discussion of this item will be an appropriate time to consider this issue and provide Staff with direction, if any. The City Code currently contains no specific direction regarding when such appointments must occur after a resignation.The Council may wish to consider directing City Staff to do the following when future Commission resignations or vacancies occur: (A) Bring to the Council a proposed replacement commissioner appointment schedule for each resignation within two (2) Council meetings after the date of a resignation, and (B) Include in any such schedule: (i) the time and manner for public notice of the vacancy and for requesting applications from interested individuals; (ii) a deadline for such applications to be submitted; and (iii) time for City Council interviews of the candidates and appointment of the replacement Commissioner. Depending on the Council's direction, a proposed Resolution setting forth the requirements may be prepared for consideration at a future meeting. Staff wil be available at the Council meeting to address any questions the Council may have.