HomeMy WebLinkAbout2014-07-22; Council Policy No. 81 (RESCINDED) - Mayor and City Council Appointees{'cicyof Carlsbad
Council Policy Statement
Category:
Specific Subject: Mayor and City Council appointees
PURPOSE:
Policy No. Date Issued: Effective Date: Resolution No. Cancellation Date: Supersedes No.
81 July 22, 2014 July 22, 2014 2014-190
To enable the City of Carlsbad Mayor and City Council to appoint members to boards,
commissions and committees representing the City of Carlsbad.
Government Code Sections 54970-54974 refer to local appointments. Government Code Section
54972, states that on or before December 31 of each year, each legislative body shall prepare an
appointments list of all regular and ongoing boards, commissions and committees which are
appointed by the legislative body of the local agency. This list shall be known as the
Appointments List. The list shall contain specific information listed in Government Code Section
54972.
Government Code Section 54974 refers to the unscheduled vacancy which occurs in any board,
commission, or committee for which the legislative body has the appointing power, whether due
to resignation, death, termination, or other causes, a special vacancy notice shall be posted in
the office of the clerk of the local agency, and the library designated pursuant to Section 54973,
and in other places as directed by the legislative body, not earlier than 20 days before or not later
than 20 days after the vacancy occurs. Final appointments to the board, commission, or
committee shall not be made by the legislative body for at least 10 working days after the posting
of the notice in the clerk's office.
This policy does not supersede laws, instead it is incorporating them into the Carlsbad Municipal
Code by reference.
BACKGROUND:
Staff has found that the need to formalize the appointment process in a policy as an outline to
staff and the public on the expectations of an appointed position on a board, commission, or
committee. The process includes the notice of vacancy, acceptance of applications, review by
council, the formal appointment and finally the requirements of appointee once the appointment
is made.
The appointments shall be made by Mayor with City Council concurrence except for the Planning
Commission and Historic Preservation Commission which are appointed by a majority of the City
Council. The item will be listed on the agenda under the Consent Calendar and will list the board,
commission, and committee with vacancy and the name of person to be appointed. The City
Council will vote and if a majority concurs the appointment will be finalized and entered into the
meeting minutes.
July 17, 2018
Mayor/City Council Appointments Policy
Page2
POLICY:
1.Upon the notice of an unscheduled vacancy either by resignation, death, termination, or
other causes, a special vacancy notice shall be posted in the Office of the City Clerk at City
Hall on the bulletin board located outside the Council Chamber, Dove and Cole libraries
and the city website under the boards, commission, and committee section. This action
will take place not earlier than 20 days before or not later than 20 days after the vacancy
occurs. The final appointment to the board, commission, or committee shall not be made
by the legislative body for at least 10 working days after the posting of the notice in the
City Clerk's Office.
2.Applications will be accepted in the City Clerk's Office electronically, by mail and hand
delivered for a period of 10 working days. The application will be available on the city
website for ease of access to the residents of Carlsbad.
3.Following the application deadline, all applications received will be provided to the Mayor
and City Council for review. Depending on the board, commission, or committee
requirements for appointment in the Carlsbad Municipal Code, the Mayor will review
applications and ask for Council concurrence at a regular scheduled City Council Meeting.
4.The appointment will be scheduled for the next regular City Council Meeting.
5.This policy applies to all Mayor and City Council appointed boards, commissions and
committees of the City of Carlsbad current and future.
6.This policy requires that an image of the vacancy notice be scanned into the records
management system for a retention term according to the City adopted records retention
schedule.
7.The appointment recommendation and results of City Council action shall be
memorialized in the official City Council meeting minutes.
8.Once an appointment is made staff in the City Clerk's Office will be responsible for
contacting the appointee with instructions on conflict of interest filings, AB 1234 Code of
Ethics training requirements the Oath of Office will be administered and a binder will be
provided that includes an outline on the specific requirements of board, commission, or
committee the person is appointed to, a copy of the Brown Act, the Public Records Act
and the Parliamentary Procedures.