SR-106-004 (3)
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Council Meeting: July II, 1989
Santa Monica, California
STAFF REPORT
TO:
Mayor and City council
FROM:
City staff
SUBJECT:
ADMINISTRATIVE POLICY RECOMMENDATION REGARDING ARTS
COMMISSION AND ARTS FOUNDATION RE-ORGANIZATION
INTRODUCTION
staff recommends that city Council streamline the community arts
leadership by directing the City Attorney to revise the
ordinances and resolutions pertaining to the Arts commission and
Arts Foundation to establish all appointees as voting members of
both the Commission and the Foundation.
This report also
presents the Arts Commission recommendation that the City Council
appoint the following individuals to the newly constituted body:
Gene Burleson,
Philip Glusker,
Robert Maguire and three
additional individuals with preference given to artists and
minorities.
BACKGROUND
The mission, goals and program of the Arts Commission and the
Arts Foundation are nearly identica~.
Administering two City
sponsored volunteer leadership bodies that address virtually the
same agenda at dual monthly meetings needlessly consumes staff
and volunteer time and resources. Because of the success of the
Arts Commission and Arts Foundation, the attitude of the business
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community toward public art has evolved. Consequently, the
original premise for the city Council authorizing and appointing
two official affiliate arts boards -- one to represent the public
sector and one to fund-raise in the private sector -- is no
longer valid.
DISCUSSION
The merits of creating a new contract arts agency modeled on the
Pier Restoration Corporation or the Bayside District corporation
was discussed by the arts leadership and staff but rej ected
because absent a direct relationship with city Management
(through the Arts Division of the Department of Cultural and
Recreation Services) the organization would have to devote much
of its funding to administration and legal services rather than
public programs. Abolition of the Arts Foundation was likewise
considered and rejected because retention of the Arts Foundation
as a legal shell was determined to be useful in relation to the
philanthropic and business sector. Nevertheless, the continued
existence of two separate organizations has created an identity
problem for the public which has difficulty determining which
body is responsible for policy and which body is responsible for
fund-raising. As the groups moved closer and closer together in
the past year, overlapping programs caused each organization to
question the desirability of maintaining the separation between
the boards. In practice, both the Commission and the Foundation
jointly share responsibility for both program policy and
fund-raising.
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RE-ORGANIZATION PLAN
staff recommends that one membership group serve in dual
capacities -- as both the Arts Commission and the Arts Foundation
in a manner analogous to the city council serving as the
Redevelopment Agency and Parking Authority. When it is necessary
to conduct government business, the group will convene as the
Arts Commission. When it is appropriate for the group to
function in the capacity of a not-far-profit organization they
will convene as the Arts Foundation. Under this plan each
member will be a fully empowered participant in arts programming
decisions, policy making and fund-raising. The business leaders
who comprise much of the present Foundation will be more strongly
motivated to solicit private donations given their ability to
participate in programmatic dialogue. The community leaders who
comprise much of the present Commission will be motivated to take
more responsibility for finance and help formulate plans for
long-term growth and new capi tal formation for cultural
activities.
LEGAL ISSUES
In an opinion dated February 24, 1989 the City Attorney
determined that no legal barriers existed that would prevent
implementation of this plan. The City Attorney determined that
no special conflict of interest situation would be created to
threaten the 501c-3 status of the Foundation. In addition, the
city Attorney determined that there was no effect on the
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Foundation's ability to receive donations nor was there a
potential effect on the ability of donors to give contributions.
FINANCIAL ISSUES
The Arts Foundation would continue to maintain its own checking
and savings accounts, conduct independant audits and file taxes
as a 50lc-3 organization.
MEMBERSHIP
Section 2931 of the Arts commission Ordinance (clause b) sets
forth the disciplines and activities that shall be represented on
the Arts Commission: Performing Arts: Visual Arts: Communication
Arts; Arts Education; Literary Arts; Funding; Neighborhood
Representative: Private Sector Developer.
At the City Council meeting of May 9, 1989, staff was requested
to provide an analysis of the Arts disciplines currently
represented on the Arts Commission and Arts Foundation. Upon
review of the current membership of the Commission and
Foundation, the Arts Commission has recommended that preference
be given in future appointments to artists and minorities.
Present Commission Membership
Performing Arts:
Visual Arts:
Communication Arts:
Arts Education:
Lindsay Shields (appointed 7/84)
No one
Elaine Hoffman (appointed 7/84)
No one
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Funding: Peter Norton (appointed 7/88)
Literary Arts: Paul Leaf (appointed 7/82)
Neighborhood Representative: Roger Genser (appointed 7/87)
Private Sector Developer: Martin Sosin (appointed 7/84)
The Arts Commission by-laws provide for nine members.
Three
vacancies currently exist.
Present Foundation Membership
Performing Arts:
Visual Arts:
Chuck Workman (appointed 11/85)
Bruria Finkel (appointed 2/89)
Communication Arts:
No one
Arts Education:
Connie Jenkins (appointed 2/89)
Funding:
Patricia
11/85 )
Sheila Goldberg (appointed 11/85)
Dougherty
(appointed
Michael McCarty (appointed 11/85)
Loveday Raben (appointed 2/89)
Marvin Zeidler (appointed 11/85)
Literary Arts:
No one
Private Sector Developer:
George Rosenthal (appointed 11/85)
Arts Foundation Bylaws provide for twenty-one members of which 3
must be members of the Arts Commission.
ThUS 9 vacancies
currently exist. At the Foundation meeting of January 31, 1989
the nominating Committee recommended Gene Burleson and Philip
Glusker be appointed to the Board.
The nominating committee
recommended Robert Maguire's appointment at the Foundation Board
meeting of May 2, 1989. All three nominees are currently making
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valuable contributions to the development of the Arts in Santa
Monica. As prominent private sector leaders Gene Burleson,
Philip Glusker and Robert Maguire have supported Santa Monica'a
publicly defined cultural policy and shown a commitment to fund
raise in support of the City's Arts program. The Foundation
Board unanimously approved the nominating committee's
recommendations at meetings on January 31, 1989 and May 2, 1989.
At its meeting of May 15, 1989 the Arts Commission unanimously
endorsed these nominations.
GOVERNANCE
At a joint meeting on June 19, 1989 the Foundation and Commission
unanimously approved recommending the following governance
structure: commissioners will continue their terms as
established and Foundation members who become Commissioners under
the new plan will draw lots for one, two, three and four year
ini tial terms. They would be eligible for two additional four
year terms with the exception of those who draw initial four year
terms who would be eligible for one additional four year term.
With respect to the residency requirement, a person must continue
to 1 i ve or work in Santa Monica, but those currently on the
Founda tion who do not meet this requirement would be
grandfathered in to the new structure with voting rights. The
rules of attendance would be identical to those for chartered
Commissions which basically does not differentiate between
excused and unexcused absences. If all those currently serving
were appointed as commission and Foundation Members and City
Council filled three vacancies on the Arts Commission and
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appointed Philip Glusker, Gene Burleson and Robert Maguire the
group would initially comprise 21 members.
Through attrition,
the size of the group would be lowered to seventeen members and
SMARTS would not seek new appointments from city Council until
the number of members dropped below seventeen.
RECOMMENDATION
staff recommends that city council streamline the community arts
leadership by directing the City Attorney to revise the
ordinances and resolutions pertaining to the Arts Commission and
Arts Foundation to establish appointees as voting members of both
the Arts Commission and the Arts Foundation. The Arts commission
also recommends City council appoint to the newly constituted
body Gene Burleson, Philip Glusker, Robert Maguire and three
additional individuals with preference given to artists and
minorities.
Prepared by: Barbara Franklin-Moran
Director, Cultural and Recreation Services
Henry Korn
Arts Administrator
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