HomeMy WebLinkAbout12 REMOVAL OF COMMISSIONERS FROM OFFICE RELATING TO ELECTIONAgenda Item 12
Reviewed
AGENDA REPORT City Manager
Finance Director
MEETING DATE: MARCH 19, 2013
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DAVID KENDIG, CITY ATTORNEY
SUBJECT: REMOVAL OF COMMISSIONERS FROM OFFICE UPON RUNNING FOR CITY
COUNCIL; PROCESS FOR REPLACEMENT APPOINTMENTS.
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This report summarizes the past and existing Tustin ordinances governing when a
decision to run for City Council will cause a commissioner to be automatically removed
from office. In response to prior Council direction, this report also contains the results of
research conducted about whether other agencies in Orange County have similar
automatic-removal ordinances. Finally, this report provides background for a Council
discussion about the timing and process to follow when commission vacancies occur.
IN
Direct the staff 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
USSR=
City Council Agenda Report
March 19, 2013
Removal Of Commissioners Upon Running For City Council
Page 2
BACKGROUND AND DISCUSSION
Prior Council Discussion and Direction
On February 21, 2012, the City Council discussed several issues related to
commissioner appointments, including the process by which commissioners are
selected, term limits for commissioners, and the process that applies when a sifting
commissioner decides to run for City Council. At the conclusion of that discussion, the
Council voted 3-2 to direct two things: (1) proposed ordinance revisions be prepared
that would ensure that the any commissioner who files nomination papers to run for City
Council would be deemed to resign from their commission regardless of the commission
on which he/she sits; and (2) a discussion be conducted by the Council as to when
appointments will take place when such resignations occur.
On February 5, 2013, the Council considered a staff report regarding the requirement
that all commissioners are deemed to resign as commissioners upon filing nomination
papers, and a recommendation that the Council direct that a replacement commissioner
appointment schedule be established for each resignation within two (2) Council
meetings after the date of a commissioner resignation. Because one councilman was
not available to participate in that discussion, the Council deferred the matter for
consideration, and directed the City Attorney to research ordinances relating to the topic
whether other jurisdictions require any commissioner to resign upon filing nomination
papers to run for City Council.
Prior Ordinances Regarding Commissioner Resignations
City Ordinance 610 first introduced the requirement that commissioners seeking
election to the City Council must resign their commission position. Specifically, since
Ordinance 610 was adopted in 1974, the Tustin City Code has provided as follows:
"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."
(Ordinance 610, attached as Attachment I [emphasis added]; currently codified in
Tustin City Code section 1305.b.)
915696.1
City Council Agenda Report
March 19, 2013
Removal Of Commissioners Upon Running For City Council
Page 3
In 2002, Ordinance 1255 was adopted to amend Tustin City Code Section 1513 to
provide that:
Planning Commissioners, Audit Commissioners, and Parks and
Recreation Commission members would be subject to mandatory term
limits of no more than three (3) consecutive terms; and
Planning Commissioners would be "deemed removed from office upon
filing for or announcing his or her candidacy for any elective office..."
(Ordinance 1255, attached as Attachment 2 [emphasis added].)
However, Section 1305.b., quoted above, was not amended by Ordinance 1255, so the
rule remained in effect at all times that a commissioner other than a Planning
Commissioner would immediately resign his/her position as commissioner upon filing of
nomination papers. The difference between 2002 and 2007 was that Planning
Commissioners were deemed removed from office "upon announcing his or her
candidacy for any elective office."
In March 2007, Ordinance 1331 was adopted, making among other amendments, the
following changes:
The mandatory term limits for all commissioners was eliminated; and
The provision applicable to Planning Commissioners was restored to the
prior rule, e.g., that a Planning Commissioner resigns his/her office "upon
the filing of nomination papers as provided in section 1305 b of this
Code...'
(Ordinance 1255, attached as Attachment 3 [emphasis added]; see current Tustin City
Code section 1305.b.)
Summarizing: The Current Rule
Summarizing the foregoing ordinances, the applicable rule since 2007 is set forth in
Tustin City Code Section 1305.b., which provides that: "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." The same
rule currently applies to Planning Commissioners as applies to all other Tustin
commissioners.
915696.1
City Council Agenda Report
March 19, 2013
Removal Of Commissioners Upon Running For City Council
Page 4
Thus, 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 the
same automatic - resignation rule applies to all City commissioners.
Other Agencies
As noted above, at its February 5, 2013 meeting, the Council requested information
about whether other jurisdictions require any commissioner to resign upon filing
nomination papers to run for City Council.
The City Attorney researched the municipal codes and, where applicable, the city
charters for those cities identified in Attachment 4 to determine what, if any,
requirements those jurisdictions established regarding automatic resignation upon
running for city councils/board of supervisors. In addition, the City Attorney contacted
the office of the Clerk in each agency to inquire whether a similar rule had been adopted
that was not reflected in that agency's municipal code/charter.
After this research, the following conclusions were reached:
- None of the agencies reviewed requires that an appointed commissioner must
resign upon announcing his or her candidacy, nor that he or she must resign
upon filing nomination papers; and
- Each agency allows commissioner's appointments to be revoked at the
discretion of the appointing authority (either by the council or the individual
councilmember who made the appointment), however, no other city mandates
revocation when a commissioner runs for council.; and
- Some cities have express prohibitions against actually-elected officials serving
simultaneously as appointed commissioners.
When Replacement Appointments Will Take Place
As noted above, the Council has previously requested an opportunity to discuss when
replacement appointments will take place after resignations occur. At the February 5,
2013 meeting, the Council deferred this issue until all five Councilmembers were
present.
915696.1
City Council Agenda Report
March 19, 2013
Removal Of Commissioners Upon Running For City Council
Page 5
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 approva; at a future meeting.
Conclusion
Staff wil be available at the Council meeting to address any questions the Council may
have.
915696.1
ORDINANCE NO. 610 \
1 AN ORDINANCE OF TitE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE TUSTIN CITY CODE RELATIVE TO COM
2 MISSIONERS WHO ARE CANDIDATES FOR CITY COUNCIL.
3 The City Council of the City of Tustin, California,
4 does ordain as follows:
5 The Tustin City Code is amended by the additions
6 thereto of the following:
7 Section 2 -6.2 Non- Eligibility of Candidate to Serve
As Commissioner.
8 No person shall be appointed to serve
9 or to continue to serve as a member of any commission
10
of the City on whose behalf there has been filed nom
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ination papers for the office of City Councilman and the
12
election therefor is pending.
13
Section 2 -5.3 Resignation of Commissioner Council
14 Candidates.
15 Any member of any commission of the �.
16 City on whose behalf there has been filed nomination
17 papers for the office of City Councilman shall immed- I
18 iately resign from his position as commissioner.
19 In the event such resignation is not filed by said
20 commissioner, his appointment shall be terminated as
21 of the date of filing of nomination papers.
22 PASSED .,,ND ADOPTED at a regular meeting of the City
23 Council of the City of Tustin, California, geld or. t._ v5th
24 ,
day of February 1974.
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I ' : iUVIOR
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10 : CL't'Y CLL:ItK
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STATE Or CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF TUSTIN
A/19 l
RUTH C. POE, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of members of the City Council
of the City of Tustin is five; that the above and foregoing
Ordinance No.__LjQwas duly and regularly introduced and
read at regular meeting of the City Council held on the
4th day of February 1974 and was given its second reading
and duly Passed and adopted as an emergency, urgency measure
at a regular meeting held on the 25th day of February
1974, by the following vote:
AYES: COUNCILMEN: SALTARELLI, LANGLEY, WOODRUFF, SHARP
NOES: COUNCILMEN: WELSH
ABSENT: COUNCILMEN: NONE
City Clerk, City of Tustin, California
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING PROVISIONS GOVERNING
THE TERMS OF MEMBERS OF THE PLANNING COMMISSION,
AUDIT COMMITTEE, AND PARKS AND RECREATION
COMMISSION.
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF PROVISION GOVERNING APPOINTMENTS AND
TERMS OF PLANNING COMMISSION MEMBERS.
Section 1513 of Tustin City Code is hereby amended to read as follows:
1513 APPOINTMENTS AND TERMS
Members of the Planning Commission shall be appointed by the City Council. The
terms of office of three (3) appointees shall be until March 1, 2003. The terms of office of two
(2) appointees shall be until March 1, 2004. The term of each of said offices shall thereafter be
for two (2) years commencing on the expiration date of each office as prescribed hereinabove.
No member of the Planning Commission may serve more than three (3) full consecutive terms.
Any member of the Planning Commission who has served three (3) consecutive terms shall
not be reappointed as a member of the Planning Commission for at least one (1) year from the
last date of the third consecutive term.
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 filing for or announcing his or her candidacy for any elective office 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.
SECTION 2. AMENDMENT OF PROVISION GOVERNING APPOINTMENT AND
TERMS OF AUDIT COMMITTEE MEMBERS.
Section 1539 of Tustin City Code is hereby amended to read as follows:
1539 APPOINTMENTS AND TERMS
Members of the Audit Committee shall be appointed by the City Council. The terms of
office of three (3) appointees shall be until March 1, 2003. The terms of office of two (2)
appointees shall be until March 1, 2006. The terms of each of said offices shall thereafter be
for four (4) years, commencing on the expiration date of each office as prescribed hereinabove.
No member of the Audit Committee may serve more than three (3) full consecutive terms. Any
member of the Audit Committee who has served three (3) consecutive terms shall not be
reappointed as a member of the Audit Committee for at least one (1) year from the last date of
the third consecutive term.
All members of the Audit Committee 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 Audit Committee shall serve until their respective successors are
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Ordinance No. 1255
Page 2 of 3
appointed and qualified. Members of the Audit Committee shall receive compensation as
prescribed by the City Council from time to time.
SECTION 3. AMENDMENT OF PROVISION GOVERNING APPOINTMENTS AND
TERMS OF PARKS AND RECREATION COMMISSION MEMBERS.
Section 1553 of Tustin City Code is hereby amended to read as follows:
1553 APPOINTMENTS AND TERMS
Members of the Parks and Recreation Commission shall be appointed by the City
Council. The terms of office of four (4) appointees shall be until March 1, 2003. The terms of
office of three (3) appointees shall be until March 1, 2004. The term of office of said officers
shall thereafter be for two (2) years commencing on the expiration date of each office as
hereinabove provided. No member of the Parks and Recreation Commission may serve more
than three (3) full consecutive terms. Any member of the Parks and Recreation Commission
who has served three (3) consecutive terms shall not be reappointed as a member of the Parks
and Recreation Commission for at least one (1) year from the last date of the third consecutive
term.
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.
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby declares
that it would have adopted this Ordinance and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsection, subdivision, sentence, clause, phrase, or portions thereof be declared invalid or
unconstitutional.
PASSWD ADQPTED at a regular meeting of the City Council of the City of Tustin
held on the day of &L4AAA 2002.
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PAMELA ST • KER
City Clerk
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
ORDINANCE NO. 1255
City of Tustin
ORDINANCE CERTIFICATION
SS
1, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Ordinance No. 1255
had first reading by title only and introduction at the August 5, 2002 City Council regular
meeting and was given its second reading by title only, passed, and adopted at the
August 19, 2002 City Council regular meeting by the following vote:
COUNCILMEMBER AYES:
Thomas, Worley, Bone, Doyle, Kawashima
COUNCILMEMBER NOES:
None
COUNCILMEMBER ABSTAINED:
None
COUNCILMEMBER ABSENT:
None
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN)
1, Beverley White, Chief Deputy City Clerk of the City of Tustin, hereby certify, under penalty of
perjury, that I caused the posting of Ordinance No. 1255 in the public notice display case in front
of the Council Chamber, 300 Centennial Way, Tustin, the public bulletin board at the Tustin
Area Senior Center, 200 S. "C" Street, the public display case at Columbus Tustin Gym, 17522
Beneta Way, Tustin, and the public display case at the Tustin Library, 345 E. Main Street,
Tustin.
aLDal
Beverley White, Chief Deputy City Clerk
ORDINANCE NO. 1331
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SECTIONS 1513, 1539, AND 1553 AND
REPEALING SECTION 1561 OF THE TUSTIN CITY CODE
RELATING TO TERMS OF OFFICE OF CITY BOARDS
AND COMMISSIONS
The City Council of the City of Tustin, California, ordains:
Section 1. Section 1513 of the Tustin City Code is amended to read:
1513 APPOINTMENTS AND TERMS
Members of the Planning Commission shall be appointed by the City Council.
The terms of office of three (3) appointees shall be until March 1, 2003. The
terms of office of two (2) appointees shall be until March 1, 2004. The term of
each of said offices shall thereafter be for two (2) years commencing on the
expiration date of each office as prescribed hereinabove.
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 1305 b 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.
Section 2. Section 1539 of the Tustin City Code is amended to read:
Members of the Audit Commission shall be appointed by the City Council. The
terms of office of three (3) appointees shall be until March 1, 2003. The terms of
office of two (2) appointees shall be until March 1, 2006. The terms of each of
said offices shall thereafter be for four (4) years, commencing on the expiration
date of each office as prescribed hereinabove. All members of the Audit
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 Audit Commission shall serve until their respective successors
are appointed and qualified. Members of the Audit Commission shall receive
compensation as prescribed by the City Council from time to time.
Ordinance No. 1331
Page 1 of 3
Section 3. Section 1553 of the Tustin City Code is amended to read:
1553 APPOINTMENTS AND TERMS
Members of the Community Services Commission shall be appointed by the City
Council. The terms of office of the three (3) members appointed in 2002 shall
continue until March 1, 2004, or until one (1) new member is appointed. Only one
(1) new appointment shall be made, and the term of office of the appointee shall
be until March 1, 2006. The term of office of the four (4) members appointed in
2003 shall continue until March 1, 2005. One (1) of the four (4) new
appointments in 2005 shall have a term of office of one (1) year, or until March 1,
2006. The terms of office of three (3) other new appointees in 2005 shall be until
March 1, 2007. The term of office of said officers shall thereafter be for two (2)
years commencing on the expiration date of each office as hereinabove
provided.
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.
Section 4. Section 1561 of the Tustin City Code is repealed.
Section 5. The Parks and Recreation Commission name is hereby changed to the
Community Services Commission. The City Clerk is authorized to make this name
change within the Code as deemed appropriate.
Section 6. The Audit Committee name is hereby changed to the Audit Commission.
The City Clerk is authorized to make this name change within the Code as deemed
appropriate
Section 7. The provisions of this Ordinance shall become effective at 12:01 am on the
thirty-first day after passage.
4 1,
Ordinance No. 1331
Page 2 of 3
�ff'111WTO Me
ATTEST:
ON
PAMfl!A—S�TOKER
City Cl rk-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF TUSTIN
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does 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 Ordinance was passed
and adopted at a regular meeting of the City Council held on the 6th day of March, 2007,
by the following vote:
COUNCILPERSONS AYES: Bone, Amante, Davert, Palmer (4)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: Kawashima (1)
PAMELA STOKER,
City Clerk
Ordinance No. 1331
Page 3 of 3
Attachment 4
Aaencies Researched:
City of Aliso Viejo
City of Anaheim
City of Fullerton
City of Garden Grove
City of Huntington Beach
City of Irvine
City of Lake Forest
City of Mission Viejo
County of Orange
City of Rancho Santa Margarita
City of Santa Ana