HomeMy WebLinkAbout14 EMP APPTS COMMS 06-07-04
AGENDA REPORT
Agenda Item 14
Reviewed: tdi
City Manager
Finance Director N/A
MEETING DATE:
JUNE 7, 2004
TO:
WilLIAM A. HUSTON, CITY MANAGER
FROM:
HUMAN RESOURCES DEPARTMENT
SUBJECT:
EMPLOYEE APPOINTMENTS TO CITY COMMISSIONS AND COMMITTEES
SUMMARY: This agenda item discusses the potential conflicts associated with
individuals employed in a paid capacity by the City of Tustin who might also serve as an
appointed member of a City Commission or Committee.
RECOMMENDATION: Adopt Resolution 04-51 allowing City Council appointments
to City Commissions and Committees only to residents who are not also a paid
employee of the City of Tustin.
FISCAL IMPACT:
NONE
BACKGROUND AND DISCUSSION:
The City Council periodically makes appointments to City Commissions and
Committees such as the Planning Commission, the Parks and Recreation Commission,
the Cultural Resources Advisory Committee, the Audit Committee, and the Tustin Pride
Committee. The individuals appointed to these Commissions/Committees are required
to reside in the City of Tustin and, once appointed, act in an advisory capacity to the
City Council performing such other duties and exercising such powers as the City
Council may impose or require.
Recently the City Council expressed some concern related to the appointment of City
employees as members of Committees/Commissions and if such appointment was a
conflict of interest. We currently have no Council appointed Committee or Commission
members who are paid employees of the City.
There are several concerns related to individuals serving both as a paid City employee
and as an appointed member of a City Commission/Committee. Employee participation
as a member of a City Commission/Committee has the potential to create a conflict with
an individual's duties, functions and/or responsibilities as a City employee or with the
department by which he or she is employed.
City Council Agenda
June 7,2004
Page 2
Participation as a Commission/Committee member, where an employee is acting in a
capacity other than as a City employee, where his or her service may later be subject
directly or indirectly to the control, inspection, review, audit, or enforcement by such
employee or the department by which he or she is employed, also has the potential to
create a conflict of interest and may be considered a form of incompatible outside
employment which would be prohibited by the City's Personnel Rules and Regulations.
Further, because on many occasions we have City staff assigned to attend meetings as
part of their regular work activities, paying one employee who is acting as a staff
member, and not paying another who is there as an appointed individual, has the
potential to create a violation of the Fair Labor Standards Act (FLSA).
Many Cities restrict individuals who hold a paid office or paid employment in the City
government from appointment to a City Commission or Committee.
In conclusion, individuals serving a dual role as a paid employee and as a City Council
appointed Commission/Committee member has the potential to create a conflict of
interest, violate the City's Personnel Rules and Regulations and create a violation of the
FLSA.
~v)L n k c&~----
Arlene Marks, SPHR
Director of Human Resources
Attachments:
Resolution 04-51
S:\City Council Agenda Items\2004\Committees Commissions. doc
RESOLUTION NO. 04-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ALLOWING CITY COUNCIL
APPOINTMENTS ONLY TO INDIVIDUALS WHO ARE NOT
ALSO A PAID EMPLOYEE OF THE CITY OF TUSTIN
WHEREAS, the City of Tustin Municipal Code provides for various City
Committees and Commissions; and
WHEREAS, appointments to these City Committees and Commissions are made
periodically by the City Council; and
WHEREAS, the appointment of paid City employees to City Committees and
Commissions has the potential for creating conflicts of interest and overtime liability;
and
WHEREAS, THE City Council desires to avoid such potential conflict of interest
and potential exposure to overtime and seeks to ensure that City Committee and
Commission members are not influenced by inconsistent interests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, resolves, determines and orders as follows:
1.
The City Council shall continue to make appointments to each of the City
Committees and Commissions pursuant to the City's Municipal Code and
any other ordinance and/or resolutions related to such appointments.
Appointments to City Committees and Commissions shall be made by the
City Council from the qualified applicants, none of whom shall hold any
paid office or employment in the City government.
2.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the 7th day of June 2004.
TONY KAWASHIMA,
Mayor
ATTEST:
PAMELA STOKER,
City Clerk
Resolution No. 04-51
Page 1 of2
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk 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. 04-51 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of
June, 2004 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
Resolution No. 04-51
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