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SR-11-26-2013-11ACity Council Meeting: November 26, 2013 Agenda Item: OA To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Modification to City Policy on Term Limits for City Boards and Commissions Recommended Action Staff recommends that the City Council adopt the attached resolution modifying the City's policy on term limits for City Boards and Commissions. Executive Summary Council directed staff to prepare a resolution that would modify term limits applicable to service on City boards and commissions in order to ensure that bodies possess and maintain the requisite expertise for their particular work. Background At its meeting of September 10 2013, Council considered making an appointment to the Landmarks Commission and noted that the City's current policies governing appointments to boards and commissions might preclude reappointment of a current commissioner who wants to continue his service but may be termed out under Resolution 10690. That resolution, which establishes policies for City boards, commissions and regional advisory boards, generally limits board and commission members to two terms. However, it also makes provision for third terms. Specifically, a third term may be authorized by a two- thirds vote. However, the resolution also states: "the total number of members that may serve a third consecutive term on a board or commission at the same [time] is limited to no more than one -third of the membership of that board or commission, but the Council may, by two - thirds vote, make an exception in order to fill positions on boards and commissions that have specific, qualifications, such as professional standing or expertise." 1 The meaning and application of this provision is somewhat unclear. The quoted restriction could apply to a particular filling a specific seat or filling any vacancy on the body. Staff interprets the limitation as applying to filling specific seats designated by law as requiring expertise. This interpretation appears to be consistent with the purposes of the term limits. As explained in Council's findings, they were adopted in order to maximize opportunities for resident participation in City government, while also ensuring " the flexibility necessary to ensure that boards and commissions have the expertise and qualification necessary to fulfill their duties ". Given the possible ambiguity in the current exception to the term limit and in order to ensure the best balance between the goals of maximizing opportunity for participation and ensuring adequate expertise, Council directed staff to prepare a proposed modification to current policy that could be considered prior to resuming its consideration of the appointment to the Landmarks Commission. Discussion The attached proposed resolution would revise Section I.F. of the current resolution to specify that, by a two- thirds vote, the Council may make an appointment that will result in more than one -third of the members serving their third consecutive terms for any board or commission that requires specific qualifications, professional standing or expertise for any seat. This resolution to the Council's concerns is recommended because it preserves the balance between Council's goals of maximizing opportunities for public participation and also ensuring that bodies possess adequate expertise. The requirements for appointment to most City boards and commissions do not include special expertise, qualifications or professional standing. However, there are a few exceptions. For example, Municipal Code Section 9.32.020 requires that at least two board members must be professional architects and also establishes other requirements for members. And, Section 9.36.040 requires that the Landmarks 2 Commission include at least one registered architect and "to the highest extent practicable ". The inclusion of the requirements for special expertise on particular boards and commissions reflects the Council's judgment that such expertise would facilitate the body's work. Presumably, additional expertise, would likewise be valuable to the body. However, broadening any exception to term limits will lessen the number of opportunities available for community members, who do not serve on boards and commissions to become involved. Therefore, staff recommends the proposed modification because it would give the Council greater flexibility to make reappointments to those bodies that need special expertise but would maintain the current term limitations as to other boards and commissions. Alternatives There are many alternatives that Council could consider in striking the best balance between maximizing opportunities for public participation and ensuring adequate expertise on legislative bodies. For example, Council could delete Subsection F of the resolution, thereby eliminating the language that limits third -term membership to one - third of all bodies. Or, Council could maintain Subsection F (and the one -third limitation) but give itself greater flexibility by making the override language apply to all City boards and commissions. Or, Council could eliminate term limits altogether. But, staff recommends against the alternative because it may be inconsistent with the Council's strong commitment to facilitating public participation in City government. 3 Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared by: Marsha Jones Moutrie, City Attorney Approved: Forwarded to Council: � Mar h Jo s outrie Rod Gould City torn y City Manager Attachments: Resolution (Strike Out Version) M Reference: Attachment is located at Term Limits for Ci Commissions - Ci Monica Boards & of Santa