sr-022409-8dc7®
~;tYo, City Council Report
Santa Monica
City Council Meeting: February 24, 2009
Agenda Item: g- D
To: Mayor and City Council
From: Elaine Polachek, Deputy City Manager
Subject: Role of Council Liaisons to Boards, Commissions and Taskforces
Recommended Action
Staff recommends that the City Council review and either approve. or modify the
attached draft of a proposed letter to Board, Commission. and Taskforce members
conveying information about the role of Council liaisons.
Executive Summary
At its workshop on January 17, 2009, Council discussed the. role of Council liaisons and
directed staff to prepare a proposed letter to Board, Commission and Taskforce
members summarizing local law and Council's consensus about the appropriate role of
Council liaisons. The proposed draft provides information about the duties of Board,
Commission and Taskforce liaisons as specified in or implied by local law and as
reflected in the Council's discussion and consensus. After obtaining Council's direction
on the substance of the letter, staff will make any requested modifications and will
promptly mail the final letter to all members of City Boards, Commissions and
Taskforces.
Discussion
As discussed at the Council workshop, local law gives little express guidance on
Council liaisons. The only liaison position expressly mentioned is the liaison to the
Planning Commission. As to this position, Section 1007 of the Charter provides that the
liaison may neither vote nor act as chair. However, local law does specify the role of
various boards and commissions. They are required by local law to seek public input
and formulate policy recommendations for the City Council in a wide variety of areas.
Additionally, several of the Boards and Commissions also conduct quasi-judicial
proceedings.
1
The specification of these duties in local law provides guidance by implication about the
role of Council liaisons. Because the Boards and Commissions must conduct a public
process and exercise their best independent judgment to formulate recommendations
for Council, Council members serving as liaisons should not .seek to guide, steer or
unduly influence the Board or Commission. Rather, the liaison should provide
information to help the Board or Commission fulfill its duties. Moreover, in the context of
quasi-judicial proceedings it is .inappropriate. as a matter of law for Council members
acting as liaisons to strive to influence the outcome. In the case of quasi-judicial
decisions subject to Council review, the risks of doing so are particularly significant.
In addition to discussing these basic parameters at its workshop; Council also
considered the various ways in which a Council liaison may serve: Council reached
consensus that liaisons need not attend Board, Commission or Taskforce meetings.
Rather they may also serve by making themselves available to chairs and members as
a resource for information, which the Chair or member may then take to the meeting.
The attached draft. letter summarizes these points and also-expresses gratitude for the
vital service provided to the City by all those who serve on Boards, Commissions or
Taskforces. Staff will mail or convey the letter as soon as it is prepared in final form.
Financial Impacts & Budget Actions
There are no significant financial impacts attendant upon the preparation and
disbursement of the letter, and no budget actions are required.
Prepared by: Elaine Polachek, Deputy City Manager
Approved: Forwarded to Council:
(~ ~/
Elaine Polachek
Deputy City Manager
Attachment A: Draft letter
anager
2
Attachment A
Dear Commission/BoardlTaskforce Member:
The City Council wants to share some information about your role as a Commissioner/Board
Member/Taskforce Member and the role of Council liaisons.
Boards, commissions and taskforces fulfill crucial functions in our city government. They serve.
as advisory bodies, formulating policy recommendations by gathering information, conducting
public hearings, and deliberating on policy alternatives. In some cases, they also serve as
quasi-judicial bodies, conducting hearings and applying the law to particular cases..
Effective city government depends upon this work. The City Council relies upon the expertise
and recommendations of the advisory bodies in setting City policy. And, given the volume of its
own-work, the Council itself could not undertake all of the quasi-judicial proceedings that are
handled by the City's boards and commissions.
The role of Council liaisons is determined by the allocation of responsibility between the
Council, on the one hand, and boards, commissions and taskforces on the other. The liaison
function is mentioned in the City Charter. Section 1007 briefly. specifies that the Council may
appoint a liaison to the Planning Commission and that the liaison may neither vote nor chair the
Commission. The role of liaison is also implicitly defined and limited by the responsibilities
specifically assigned to boards, commissions and taskforces.
Boards, commissions and taskforces are required to conduct a full and fair public process and
independently formulate their best policy recommendations. Liaisons serve to facilitate and
enhance this work. Their principal function is to provide a wide range of information to the
advisory body, such es information about Council discussions, policies and actions.- This helps
provide an historical perspective and thereby place the advisory body's work in its broad civic
context. However, the Council wants and needs the advisory bodies to act independently in
formulating policy recommendations. Therefore, it is inconsistent with both the roles specified
by law and with the. Council's needs, for liaisons to direct, guide or unduly influence the policy
making work of the City's advisory bodies. And, it is improper for liaisons to participate actively
in the quasi-adjudicatory work of boards and commissions.
Council liaisons have. flexibility in discharging their duties. They may serve with or without
attending the meetings of their advisory bodies. However, at minimum, they should be available
for contacts with members of advisory bodies, and particularly with the chairs.
I hope this information assists you in your service to the City. That service is deeply
appreciated by the Council, City staff and the whole community.
Very truly yours,
Mayor Ken Genser