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SR-106-004 (3) (Ob....OOtj ~-:- ~ . .L" e BFM: HK: jp 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 - 1 - llr~l~ e e 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official affiliate arts boards -- one to represent the public sector and one to fund-raise in the private sector -- is no longer valid.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. - 2 - e e 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 - 3 - e e 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 - 4 - e e 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 - 5 - e e 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 - 6 - e - 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 srptarts - 7 -