HomeMy WebLinkAbout(2013, 05/14) - A-2 - AmendedA-2
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BOARD, COMMISSION, AND COMMITTEE APPOINTMENTS
Service on City Boards, Commissions, and Committees is one of the principal means by
which citizens can participate in the conduct of City government. The number of
citizens qualified for such service always exceeds the number of appointments that
periodically can be made by the City Council.
On or before December 31 of each year, the City Clerk shall , consistent with the Maddy
Act (Cal. Gov. § 54972), prepare a list of all appointive terms of Boards, Commissions
and Committees which will expire during the next calendar year, with the name of the
incumbent appointee, the date of appointment, the date the term expires, and the
necessary qualifications for the position. Also, the City Clerk shall list all Boards,
Commissions and Committees whose members serve at the pleasure of the City
Council, and the necessary qualifications of each position. The list shall be posted in the
City’s normal posting location for agendas as well as the Newport Beach Public Librar y
located at 1000 Avocado Avenue.
The City Clerk shall further maintain a file of Candidates for Board, Commission, and
Committee appointments, which shall be reviewed each year by the City Clerk to insure
that those applicants are still available for appointment. Applications shall be retained
in the active file for two (2) full years; thereafter they will be destroyed.
Two (2) months prior to a scheduled vacancy, the City Clerk shall prepare and submit
to the various newspapers, information relating to the vacancy including meeting dates
and times, Board, Commission, or Committee functions, and the method of obtaining
and submitting applications and establishing the third Wednesday prior to June 1 as the
last date to submit applications. The City Clerk shall notify each applicant of the receipt
of their application.
Consistent with the Maddy Act (Cal. Gov. § 54974), within twenty (20) days after an
unscheduled vacancy occurs on a Board, Commission or Committee, a special vacancy
notice shall be posted in the City Clerk’s office, and other locations as directed by City
Council. Additionally the City Clerk shall prepare and submit to the various
newspapers information relating to the vacancy including meeting dates and times, and
Board, Commission or Committee application procedure. Final appointment (other
than emergency appointments) shall not be made for at least ten (10) working days after
the posting of notice.
Pursuant to Charter Section 705, if an unscheduled vacancy occurs within six (6) months
from the expiration of the term, the City Council has the discretion to appoint a
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replacement to serve the balance of the unexpired term plus one (1) full term of four (4)
years.
Periodically, situations may arise wherein due to the occurrence of a number of
simultaneously scheduled Board, Commission or Committee vacancies, it may be
appropriate to make certain adjustments in the advertising and recruitment procedures,
which are regularly utilized to fill these vacancies. In these cases, the City Council may
make the following adjustments by majority vote at a regular public meeting:
A. The two (2) month period prior to the occurrence of a scheduled vacancy, which
is established for advertising purposes, may be extended to three (3) months.
B. The last date to submit applications for a vacancy may be changed from the third
Wednesday prior to June, to no sooner than the third Wednesday prior to May 1.
C. The period established for the ad-hoc Appointments Committee’s
recommendation to the Council of candidates, may be extended from at least two
(2) weeks, to at least four (4) weeks prior to the date of appointment.
When vacancies occur, the City Council shall make every effort to appoint the best -
qualified person to serve the interest of Newport Beach. The City Council shall only
appoint persons who have filed an application for appointment with the City Clerk no
later than five (5) days prior to the date on which the City Council nominates
candidates for positions. The application shall serve as a basis for determining if the
person is a qualified elector of the City, has no conflict of interest that would prevent
the applicant from serving, and otherwise satisfies the criteria for appointment specified
in the City Charter and any relevant ordinance, resolution or Council Policy. The City
Council prefers that members of Boards, Commissions, and Committees represent
different geographical areas of the City, but residence is a consideration only when
applicants are otherwise equally qualified.
To afford the maximum opportunity for citizen service, no person shall be eligible for
appointment to any one (1) City Board, Commission, or Committee for more than two
(2) consecutive four (4) year terms, exclusive of a prior appointment to fill an unexpired
term. Appointees shall serve on only one (1) standing City Board, Commission or
Committee at any time, with the exception of individuals who serve on committees as
representatives from other City Boards, Commissions or Committees (i.e., a Planning
Commissioner may be seated on the Finance Committee as a representative of the
Planning Commission). This provision may be waived by a majority vote of City
Council.
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Unless an alternative appointment procedure is provided in the formation
ordinance/resolution, at such time when an appointment to a Board, Commission or
Committee is necessary, the Mayor, at his/her discretion, may establish an ad-hoc
Appointments Committee composed of three (3) Council Members. If appointed by the
Mayor, the ad-hoc Appointments Committee’s duties are as follows:
A. Review all applications for position to City Boards, Commissions and
Committees. The ad-hoc Appointments Committee will review applicant
answers to all questions contained in the application;
B. Conduct any necessary interviews with individual applicants; and
C. At least two (2) weeks prior to the date of appointment, recommend to the full
City Council at a regular public meeting, two (2) or more candidates for each
Board, Commission or Committee vacancy. Members of the City Council may
wish to interview the recommended candidates further prior to final selection by
the City Council. By requiring two (2) or more candidates for each vacancy, it is
the intent of the City Council that at least two (2) separate individuals should be
considered for each vacancy (i.e., if there are two (2) vacancies, at least four (4)
separate individuals will be considered).
The ad-hoc Appointments Committee, in conducting their review of applications and
interviews with the individual applicants, if any, shall attempt to determine if there
exists a potential conflict of interest, which might interfere with the performance of the
applicant’s duties in an impartial manner free from bias. It is generally recognized that
from time-to-time it is possible for any individual to have a conflict on any one (1) given
issue.
The ad-hoc Appointments Committee, however, shall endeavor to avoid
recommending appointments of applicants with a substantial conflict of interest, which
would require repeated disqualification from voting on issues that are likely to come
before the Board, Commission or Committee.
If no alternative appointment procedure is provided in the formation
ordinance/resolution, and if the Mayor does not form an ad-hoc Appointments
Committee, the City Clerk shall review all applications and submit all qualified
applicants to the City Council for consideration at an open and noticed meeting.
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PROCEDURE FOR VOTING ON APPOINTMENTS TO CITY COMMISSIONS,
BOARDS AND COMMITTEES
A. The City Council will vote on all appointments and seats on each Board,
Commission and Committee simultaneously. The voting will be by paper ballot
and the City Clerk will tabulate and announce the results, including the vote
tally.
B. Each member of the City Council will cast the number of votes as indicated on
the paper ballot for each seat from the list of the nominees. In order to be
appointed, the nominees must receive at least four (4) votes.
C. For Boards, Commissions and Committees with two (2) vacancies, if two (2) of
the nominees receive four (4) or more votes, they will be automatically
appointed.
D. If there is a tie vote, ballots will be distributed to the Council Members to vote for
the tying candidates only.
E. In the event that no one receives four (4) votes, nominees receiving zero (0) or
one (1) vote will be dropped and the City Council will cast two (2) votes from the
list of the remaining nominees and the determination will be made as previously
stated.
The City Clerk shall also be responsible for the following functions associated with
Board, Commission and Committee appointments:
A. Preparation of letters for the Mayor’s signature notifying successful candidates of
their appointment.
B. Preparation of letters for the Mayor’s signature notifying u nsuccessful
candidates for appointment.
C. Preparation of letters for the Mayor’s signature thanking outgoing members for
their service and coordination with the Purchasing Agent in the preparation of
formal Certificates of Appreciation.
If established, once the final appointments are made by the City Council, the ad-hoc
Appointments Committee will be dissolved.
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Business Improvement District Appointments
The appointment of Business Improvement District advisory boards or the designation
of an owners’ association is exempt from this Council Policy, but shall be consistent
with the California Streets and Highways Code.
Adopted - June 28, 1965 Amended - November 23, 1981
Amended - August 15, 1966 Amended - January 24, 1994
Amended - September 26, 1966 Amended - February 26, 1995
Amended - June 10, 1968 Amended - August 12, 1996
Amended - July 12, 1976 Amended - February 24, 1997
Amended - September 12, 1977 Amended – March 22, 1999
Amended - November 28, 1977 Amended – July 12, 1999
Amended - December 19, 1977 Amended – September 27, 1999
Amended – June 26, 1978 Amended – March 14, 2000
Amended – March 12, 1979 Amended – May 8, 2001
Amended – July 27, 1981 Amended – April 23, 2002
Amended – May 14, 2013
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