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SR-106-033 (6) hsd/share/strepts/emeritusdraft 07/04/2007 6:54 PM Council Meeting: July 24, 2001 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Introduction for First Reading an Amendment to the City of Santa Monica Municipal Code Section 2.48.030 and Adding Section 2.56.031 to the Santa Monica Municipal Code Relating to Emeritus Commissioners on the City’s Commission for Older Americans and Commission on the Status of Women INTRODUCTION This report transmits for first reading an ordinance amending Section 2.48.030 and adding Section 2.56.031 to the Santa Monica Municipal Code relating to Emeritus Commissioners on the City’s Commission for Older Americans and Commission (COA) on the Status of Women (COSW). BACKGROUND At the September 26, 2000 City Council meeting, the City Council directed staff to coordinate with the COSW and COA to create a proposal outlining criteria for establishing emeritus positions. During the discussion, Council considered whether there should be a limit on the number of emeritus positions at any one time, and whether Commissioners should be required to serve two full terms before becoming eligible for an emeritus position. Council directed that the criteria for emeritus positions under consideration by COSW and COA should be consistent. 1 Each commission separately discussed criteria for emeritus positions last fall. In June, staff presented proposed criteria for emeritus membership to both the COSW and COA for their consideration, and solicited additional input. DISCUSSION Attachment I summarizes the positions taken by both commissions and staff’s recommendations about criteria related to emeritus membership. The COSW opposes three of staff’s proposed criteria including: 1) the requirement that persons serve two full terms of regular service prior to serving as Emeritus Commissioners; 2) the prohibition against persons (including Emeritus Commissioners) from serving on one or more City board or commission; and 3) the requirement that Emeritus Commissioners must be Santa Monica residents. Members of the COSW contend that criteria for Emeritus Commissioners should be as inclusive as possible, and suggest that staff’s recommendations serve to exclude opportunities for broad and valuable participation by former Commissioners. The Council approved term limits for COSW and COA membership allow members to serve two terms. Staff supports the practice of appointing emeritus positions only to individuals who have completed all available active service and are not currently eligible for regular service with voting privileges. For this reason, staff proposes that Commissioners must complete two terms of regular service prior to being eligible for emeritus status. 2 With most organizations, emeritus positions are designated for a select number of honored persons who can no longer provide active service. Staff considers the widespread practice of limiting the number of emeritus positions to be a practical and efficient approach. However, because the COSW expresses a strong desire to retain more than three Emeritus Commissioners to address their need for mentors, continuity and historical perspective, staff supports an ordinance that would allow for no more than one less than the number of regular, voting Commissioners. It is expected that this limitation would meet the needs of the COSW, while ensuring that the number of Emeritus Commissioners would not exceed that of regular Commissioners. The COA had proposed allowing a maximum of three persons serving as Emeritus Commissioners, and they may certainly operate accordingly. Staff suggests that persons holding emeritus positions on one City commission should not be eligible to serve as voting members of another City commission simultaneously. This would ensure that Council benefits from the advice of commissioners with broad and diverse perspectives and backgrounds. This analysis is consistent with Section 3 of Resolution 9451 which prohibits persons from serving simultaneously on more than one board or commission. While staff originally favored limiting the number of term renewals for Emeritus Commissioners to two terms, the COSW argues strongly against imposing any maximum number of renewals. COSW members stress the importance of learning and benefiting from the input of persons who have served previously. Staff considers 3 COSW’s position as having some merit, and would support an ordinance that limits the number of possible term renewals to two consecutive terms for Emeritus Commissioners. Limiting term renewals to two consecutive terms would allow Emeritus Commissioners to serve up to four years before they would have to take a break for two years. After a two year break, they could serve again. Modifying the term limitation to two consecutive terms still allows a commission to benefit from the contributions of emeritus members over time, without excluding the potential for contributions from other prospective Emeritus Commissioners. Term limits provide that “after serving the maximum number of consecutive terms allowed, a member may not serve again on the same board or commission until four years after the member’s final term has expired.” For term limit purposes, persons with emeritus status are considered to be taking a break from regular service. This means that a person with emeritus status who chooses to serve again as a voting member may count the time served as an emeritus member as a break from regular service. Finally, staff proposes that Emeritus Commissioners must be Santa Monica residents. This is consistent with the residency requirement for regular commissioners. FISCAL/BUDGETARY IMPACT There is no fiscal/budgetary impact. 4 RECOMMENDATION Staff recommends that the attached ordinance (Attachment II) be introduced for first reading. Prepared by: Barbara Stinchfield, Director Julie Rusk, Manager Tracy Scruggs, Supervisor Community and Cultural Services Department Attachment I: Emeritus Membership Criteria Attachment II: Ordinance Amending Santa Monica Municipal Code 5 ATTACHMENT I Emeritus Membership Criteria Issue COSW COA Staff Comments Recommendation Length of regular One full-term Two terms Two terms Council-approved service required with the (total of 8 years) term limits for both prior to emeritus COSW, “full-commissions. status term” as Allow members to defined by the serve two terms. City as serving Support practice of three-fourths or appointing more of a term emeritus positions (Resolution only to individuals Number 9451) who have completed all available regular service. Reserve positions for honored persons who can no longer provide active service. Number of No limit 3 maximum No more than one Limiting the Commissioners less the number of number of Emeritus regular emeritus positions positions commissioners to three may adversely impact COSW’s need for continuity, mentoring and historical perspective. Appointment of By Council as By Council as By Council as Emeritus recommended recommended recommended by Commissioners by Commission by Commission Commission Length of Two year term Two year term appointment 1 Term renewals Unlimited Maximum of Maximum of two Commissions may renewals two terms consecutive terms still benefit from (four consecutive input from non- years) voting commissioners for long periods of time. Voting status Non-voting Non-voting Non-voting Representation Yes Yes Yes at community functions and serve on commission committees Bylaw Yes Yes Yes compliance Eligibility for Yes No No Council resolution service as voting already prohibits member of other persons from City Commission serving on more simultaneously than one commission simultaneously. Goal is to seek broad and diverse contribution from community. SM residency No Yes Yes SM residency required required for regular service 1 ATTACHMENT II City Council Meeting _-_-01 Santa Monica, California ORDINANCE NUMBER ____ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL SECTION 2.48.030 AND ADDING SECTION 2.56.031 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO EMERITUS COMMISSIONERS ON THE CITYS COMMISSION FOR OLDER = AMERICANS AND COMMISSION ON THE STATUS OF WOMEN THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 2.48.030 is hereby amended to read as follows: Section 2.48.030 Commissioner(s) Emeritus. One or more The City Council may appoint up to eight Commissioners Emeritus shall be appointed to who may serve simultaneously on the Commission on Older Americans ("Commission"). by the City Council The appointments shall be based upon the recommendations of the Commission. To be eligible for appointment to such a position, a person must have served two full terms as a Commissioner on the Commission and shall must be active in the Santa Monica community an elector within the City. Each Commissioner 2 Emeritus shall be a nonvoting member of the Commission, may represent the Commission at community and other functions as directed by the Commission, may serve on Commission committees, and shall abide by the bylaws of the Commission. There shall be no limit to the number of Commissioners Emeritus appointed to the Commission, each The term for a Commissioner Emeritus of whom shall serve a two-year term as a Commissioner Emeritus be two years, and each Commissioner Emeritus may serve a maximum of two consecutive terms. Unlimited term renewals of Commissioners Emeritus can be made by the City Council upon the recommendation of the Commission. A Commissioner Emeritus shall not be eligible to serve simultaneously as a voting member on another City Commission. SECTION 2. Section 2.56.031 is hereby added to the Santa Monica Municipal Code to read as follows: Section 2.56.031 Commissioner(s) Emeritus. The City Council may appoint up to eight Commissioners Emeritus to serve simultaneously on the Commission on the Status of Women ("Commission"). The appointments shall be based upon the recommendations of the Commission. To be eligible for appointment, a person must have served two full terms as a Commissioner on the Commission and must be an elector within the City. Each Commissioner Emeritus shall be a nonvoting member of the Commission, may represent 3 the Commission at community and other functions as directed by the Commission, may serve on Commission committees, and shall abide by the bylaws of the Commission. The term for a Commissioner Emeritus shall be two years, and each Commissioner Emeritus may serve a maximum of two consecutive terms. A Commissioner Emeritus shall not be eligible to serve simultaneously as a voting member on another City Commission. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a 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 passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 4 SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: _________________________ MARSHA JONES MOUTRIE City Attorney 1 2