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Home My WebLink AboutWSA - CHARTER REVIEW 00. Z o ~ 00. 00. ~ ~ ~ o ~ 00. ~ -< o = I-' Z E:: u ~ ~ ~ -< 00. ~ I-' ~ U ~ o ~ i 00. '0 tJJ .- C .::s !DQ)" _Q W ~~OC)= wa.eU_5> ~.- li=~ ;;; .r!! E.c~.c c >0-0>..... ::E eUUl"'1: o a.l:"C i:)'0 o al-Q!ii'o:!l 00 >iiiEa.-UUl ..IoI:E-I:- :c.c E-- 0 a.", l:: cZQ)Eooo", .cu:o::gl!!~~.8 >. ..0 "C ~ I: Q) E <II Ul <IIQ) "Cf:? ~O ou. a~ a.", <(I- '15c.faSaJ ~"E CD~ offi rti _ CII._ >._ Q)>!g <II :;:; ~ "CO::iii~o c: >...0 Q Q ~ Q)"CE Ul ~O ..oE El!! l!!~ '~lii8Q)i;' lS:g Ul~.8= ~rl .~.~ ~~c:5"C.9~ C't- m;;~ ~g 8<11Q)00 ",,80 G"C EQ) ~~~~ 0"0 ~ aJ'15 m~ CD~ o 8l i E 1l_5 ~g fi a * 8 ~ ~ 0 t- E 0 0 ~ E <Il 1:'- 0 01"C '0;;: ffi El-E~ ~'" ~ ~ Ul.....a. ::E ~ 'Eg Q;"g a .- "$ '\31! Q) ~"C i ~ ::: ~ ~ i C.::s;; ~=c_~ ~j~pEmUl Ul-I: W l:o",E"'-" ..0--_ m.R s aOOUE~~E8't-0 Emm~~ ~~= .c _.....~ E- E 0" Q)_"CC:~~ ~-~'E- ~ iiiQ)<II~o"C'\3oB E E Q)- Q) _ Ei~I:I:l!!I:UI:- ~~<IlG 0 E - E 0 --" 00'..... 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"C<IlQ) EO"C CII-eEECIIE~1: 5Eo~oCllCllo 001:..0 CII >~_r!!~ -U'" 00- - l!!~~Qj!E"~aa oc-C:oz:-tjtn -- -2 ~ 5 0 "" ~.- ..... .r!! I: ...... ~ = U .;:: il ~ i;.!!!~ Q).g Q)..!!"C as 0:: ~ U ~ 0.5 u.2, E 0.- N .-.- ..- 0> 0> 0> Sec. 901 - Boards and Commissions Appointments, removals, vacancies, terms CURRENT PROVISIONS · Members are appointed and may be removed by the city council by the affirmative votes of a majority of the members . Vacancies from whatever cause shall be filled in the same manner · If a member of a board or commission is absent from three regular board/commission meetings, consecutively, unless by permission of the board or commission expressed in its official minutes the office shall become vacant and shall be so declared by the city council · Members serve for a term of four years and until their respective successors are appointed and qualified, but in no event shall any person be eligible for reappointment who has served two consecutive terms of four years each · It is the intent of this section that the term of office on boards and commissions shall be concurrent with the term of office of council members PROPOSED PROVISIONS · For boards or commissions having at least seven members, the city council shall select seven members from nominations made by the councilmember whose term coincides with that board or commission seat as determined by the city council immediately following the 2006 election · Beginning with terms starting atter the 2006 general election, at least fifty- percent of those persons nominated from time to time by a council member shall be residents of the ward represented by such councilmember · All board/commission terms shall begin on the same date as city council member terms as provided in section 400 of the charter · If a member of a board or commission is absent from two regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, the office shall become vacant · If a member fails to attend at least one half of the regular meetings of such board or commission within a calendar year, the office shall become vacant · In no event shall any person be eligible for reappointment who has served two consecutive terms of four years each, irrespective of what seat or seats the member is appointed to by the city council · Notwithstandina the above, one seat shall be a city-wide seat having a two year term which coincides with that of the Mayor, and limited to four consecutive terms of two years each · No person shall be eligible for appointment to a board or commission who completed a term on the city council immediately preceding that board or commission term 1 WSA-2 DISCUSSION In 1966, at the same election establishing council tenn limits, the voters amended Section 901 of the charter creating tenn limits for the city's representatives on its boards and commissions. In 1983, Section 901 was amended by the voters to set commission tenns to coincide with council tenns. There are no current provisions in either the city charter or municipal code that tie any commission seat to a particular council seat or ward. However, over the years, it has been the Council's practice that each councilmember nominates one of the commission seats whose term coincides with that member's term. Also, in the past, a commissioner had been nominated by one councilmember for a tenn, but nominated by another councilmember to a second tenn, and the second tenn was treated as a new two-tenn cycle because it was for a different ward. When the directly elected mayor was created beginning with the November 1988 election, Section 901 was not amended, however, the City adopted a practice of appointing one commissioner to a two year tenn and pennitting the mayor to make the nomination. Since this commissioner never served a full four year tenn, tenn limits were not applied to commissioners nominated by the Mayor. In November 2002, the City Attorney issued an opinion to the City Clerk that these Council practices are inconsistent with the Charter. This proposed amendment will bring the Charter into conformity with Council practice. The proposal also establishes a two year tenn limit for seats nominated by the Mayor, and eliminates any confusion created by language in the current charter specifying that all "members serve for a term of four years..." AD HOC COMMITTEE AND CITIZENS' TASK FORCE RECOMMENDATIONS Both the Ad Hoc Committee on Charter Review and the Charter Amendment Citizens' Task Force recommend the proposed changes to Charter Section 901. The Task Force spent considerable time on this charter section and recommended the following provisions: · At least 50% of the nominations by a council member must be residents of member's ward · To maintain membership on a board or commission, must attend 50% of all regular meetings in a calendar year · If member is absent from two consecutive regular meetings, unexcused, seat is declared vacant · Establish nomination committee comprised of chairs from charter commissions (Parks and Recreation, Planning and Personnel) to make nomination recommendation if councilmember or the Mayor fails to make nomination within 90 days of a vacancy or expired term. 2 WSA-3 . Clerk of Council has 15 days to convene committee and committee has 30 days to forward recommendation to council. The Ad Hoc Committee accepted all but the last two recommendations proposed by the Task Force_ The Ad Hoc Committee recommended that the Council adopt a policy relating to the timely filling of vacancies on the various boards and commissions. 3 WSA-4 COMMISSION RESIDENCY AS OF 05/01/2006 CMSN WARD WARD WARD WARD WARD WARD TOTAL 1 2 3 4 5 6 Community Redev & 2 3 1 1 7 Housing ETAC 1 2 3 1 7 Historic Resources 4 4 1 9 Human Relations 1 5 2 8 Library 2 1 2 2 7 Personnel 1 5 1 7 Planning 1 4 1 1 7 Parks & Rec 1 2 1 3 7 Youth 2 3 2 3 2 12 TOTAL 4 13 30 5 7 12 71 % 5.6 18.3 42.3 7.0 9.9 16.9 100.0 WSA-5 Sec. 901. Appointments, removals, vacancies, terms. f.;!LExcept as otherwise specified in this charter, the member of each of the appointive boards and commissions shall be appointed, and may be removed, by the city council, subject in both appointment and removal by the affirmative votes of a majority of the members. For boards or commissions having at least seven (7) members. the city council shall select seven (7) members from nominations made by the council member (or the mayor in the case of the city-wide seat) whose term coincides with that board or commission seat, (as determined by the city council in accordance with subsection (e) below. together with nominations from any other member of the council. All other appointments shall be as determined by this charter, or by the city council from time to time_ Beginning with terms starting after the 2006 General Election. at least fifty-percent (50%) of those persons nominated from time to time by a council member shall be residents of the ward represented by such council member. ilil Vacancies from whatever cause arising shall be filled in the same manner. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. All terms shall begin on the same date as city councilmember terms as provided in section 400 of this charter. @Ifa member of a board or commission absents himself from-tflree two (}2) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one- half (1/2) of the regular meetings of such board or commission within a calendar year. or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the city, IHsthe office shall become vacant and shall be so declared by the city council. liIlExcept as otherwise provided in this section, the members of such boards and commissions shall serve for a term of four (4) years and until their respective successors are appointed and qualified, but in no event shall any person be eligible for reappointment who has served two (2) consecutive terms of four (4) years each, irrespecti ve of what seat or seats the member is appointed to bv the city council. Notwithstanding the foregoing, one seat shall be a city-wide seat having a (2) year term which coincides with that of the Mavor. and which shall be limited to four (4) consecutive terms of two (2) years each. Short or partial terms (as defined for city council in Section 401 of this Charter) shall not be considered. Unless otherwise provided by ordinance of the city council for a board or commission having more or less than seven (7) members, the terms of three (3) of the members of each such board or commission shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the April, 1983 general election, aIlt!the terms of the remaining three (3) other members shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the November, 1984 general election, and one (1). as designated bv the city council, shall coincide with the term of the mayor. It is the intent of this section that the term of office on boards and commissions shall be concurrent with the term of office of council members. Thereafter, any appointment to fill an unexpired WSA-6 term shall be for such an unexpired period. No person shall be eligible for appointment to a board or commission who completed a term on the City Council immediately preceding. that board or commission term. C& The city council shall determine which members of such boards and commissions serving as such at the time of the April, 1983 general election shall serve shortened or extended terms. Beginning with terms starting immediately following the 2006 general election. for board and commissions with at least seven (7) members. the city council shall designate seven (7) board and commission seats by ward. and one city- wide. These designations shall be solely for the purpose of nominations and calculations of terms as provided in this Section 901. Except for purposes of the fifty-percent (50%) nomination rule in subsection (a) above. residency in that ward is not required. WSA-7 Charter Section 901.1 - Prohibition against serving as treasurer for campaign committee CURRENT PROVISION "If any member of an appointive board or commission shall become the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember, his or her office shall become vacant and shall be so declared by the city council." PROPOSED PROVISION "If any member of an appointive board or commission shall become the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember, his or her office shall become vacant and shall be so declared by the city council...no person who serves as the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember shall be eligible for appointment to any appointive board or commission" DISCUSSION The recommendation to change this provision was made by the Citizens' Task Force. Members noted that the current charter provision only addresses sitting board members who become the treasurer of a committee after appointment to a board or commission. The current charter does not address applicants for appointment to the various boards. The proposed change specifies that no person who is a treasurer of a campaign committee for a city candidate shall be eligible for appointment to any appointive board or commission. AD HOC COMMITTEE AND CITIZENS' TASK FORCE RECOMMENDATIONS The Ad Hoc Committee on Charter Review concurred with the recommendation made by the Charter Amendment Citizens' Task Force. Several members of the Citizens' Task Force also suggested that treasurers of committees formed to support or oppose city measures should not be eligible for appointment to any board or commission. WSA-8 Sec. 901.1. Prohibition against serving as treasurer for campaign committee. If any member of an appointive board or commission shall become the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember, his or her office shall become vacant and shall be so declared by the city council. Any provisions of this Article IX notwithstanding, no person who serves as the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember shall be eligible for appointment to any appointive board or commISSIOn. WSA-9 Charter Section 910 - Planning Commission - Powers and Duties committee CURRENT PROVISION The planning commission shall have power and be required to: "(a) Prepare and maintain a master plan for the physical development of the city and of any land outside the boundaries thereof which in the commission's judgment bears relation to the planning for the physical development of the city, including a general plan for streets and highways, and submit such plan annually to the city council for consideration and approval... (c) prepare a ten(10) year capital improvement program, revised annually, which shall set forth all of the capital improvements contemplated by the several offices, departments, and other agencies of the city according to a logical order of priority with the amount of funds required for each capital improvement and the planned method of financing and submit such a program annually to the city manager and the city council. . . " PROPOSED PROVISION The planning commission shall have power and be required to: "(a) periodically review the city's General Plan...(c) Annually review the city's capital improvement program solely for consistency with the general plan..." DISCUSSION The recommendation to change this provision was made by staff to clarify that the planning commission does not prepare the Capital Improvement Plan, but only reviews it. The language regarding preparation of the general plan was also revised to better conform to state law. AD HOC COMMITTEE AND CITIZENS' TASK FORCE RECOMMENDATIONS The Ad Hoc Committee on Charter Review and the Charter Amendment Citizens' Task Force approved the recommended proposal. WSA-10 Sec. 910. Same 910 Planninl!: Commission-Powers and duties. Duties The planning commission shall have power and be required to: (a) Prepare and maifltain a master plan f{)r the physical developmeflt of the city and of allY lafld outside the bormdaries thereof which. in the commission's judgmeflt bears relatiofl to the plaflfliflg for the physical dcvelopm,mt of the city. iflcludillg a gefleral plafl for streets and highways. and sHbmit such plan arJIHally to the city council for cOflsideratioll afld approval; ill periodically review the city's General Plan; ili2 Make studies and plans for future civic land use, including use as public recreation facilities; (c) Prepare a tefl (10) year capital improvement program. revised aflnually. which shall set forth all Elf the capital imprevemeflts contemplated by the several offices. departmeflts. and other ageflcies of the city according to a logical order of priority with the amoHllt of funds required for each capital improvement and the plmmed method of financing and submit SHch a pregram anmlally to the city manager and the city cOHncil; il;} Annually review the city's capital improvement program solely for consistency with the general plan; @ Exercise such functions as to land subdivisions, zoning, and other city planning as may be prescribed by ordinance. W By its own motion, make such studies and investigations as it may deem necessary for the formulation of planning and land use policies and report its findings and recommendations to the city councilor the city manager, or to both such authorities, as it may see fit. WSA-11 Charter Section 911 - Personnel Board - Membership CURRENT PROVISION " ., . none of the members shall hold public office or employment ..." PROPOSED PROVISION ". .. none of the members shall hold public office or employment in the city t " govern men ... DISCUSSION The recommendation to change this provIsion was made by the Ad Hoc Committee to clarify that city employees could not serve on the Personnel Board. Under the proposal, public employment in other entities would not preclude an individual from serving on the Board. AD HOC COMMITTEE AND CITIZENS' TASK FORCE RECOMMENDATIONS The Ad Hoc Committee on Charter Review and the Charter Amendment Citizens' Task Force approved the recommended proposal. WSA-12 Sec. 911. Personnel board--Membership. The personnel board shall consist of seven (7) members to be appointed by the city council from the qualified electors of the city, None of the members shall be removed from office without reasonable and sufficient cause, in accordance with procedures as provided by ordinance. None of the members shall hold public office or employment in the city goyemment or be a candidate for any other public office or position, be an officer of any local, state or national partisan political club or organization, or while a member of the personnel board or for a period of one (1) year after he has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the city. WSA-13 Charter Section 912 - Personnel Board - Powers and Duties CURRENT PROVISION "... hear appeals pertaining to the suspension, demotion, or dismissal of any officer or employee having permanent status in any office, position, or employment in the civil service; ... n PROPOSED PROVISION "...hear appeals pertaining to the disciplinarv suspension, demotion, or dismissal of any officer or employee having permanent status in any office, position, or employment in the civil service; ..." DISCUSSION The recommendation to change this provision was made by staff to clarity that the personnel matters considered by the Personnel Board relate to discipline only, and not matters such as industrial disability and layoffs. AD HOC COMMITTEE AND CITIZENS' TASK FORCE RECOMMENDATIONS The Ad Hoc Committee on Charter Review and the Charter Amendment Citizens' Task Force approved the recommended proposal. WSA-14 Sec. 912. Same--Powers and duties. The personnel board shall haye power and be required to: (a) Hear appeals pertaining to the disciplinary suspension, demotion, or dismissal of any officer or employee having permanent status in any office, position, or employment in the civil service; and as otherwise provided for in the ciyil service rules and regulations; (b) Consider matters that may be referred to it by the city council or the city manager and render such counsel and advice in regard thereto as may be requested by the referring authorities; (c) By its own motion, make such studies and investigations as it may deem necessary for the formulation of civil service policies, or to determine the wisdom and efficacy of the policies, plans, and procedures dealing with civil service matters and report its [mdings and recommendations to the city manager or the city council, or to both such authorities, as it may see fit; (d) Conduct public hearings on all proposed amendments to or repeal of civil service rules and regulations in the manner as prescribed by ordinance, and advise the council of its findings in such matters within sixty (60) days. WSA-15