| In previous meetings, the City Council has discussed procedures for appointment and removal of Council-appointed commissioners. At the October 2, 2018 City Council Meeting, the City Council adopted Ordinance No. 1205, revising commissioner appointment and removal procedures. Ordinance No. 1205 is attached to this report for reference as it outlines the current appointment and removal process. The applicable sections from Ordinance No. 1205 are pasted, below:
Current Process
(Revised October 2018)
Commissioner Appointment.
A. Planning Commission.
The following procedure shall govern appointments to the Planning Commission.
1. Qualifying applicants shall be interviewed by the City Council at one (1) or more special meetings called for such purpose.
2. Each Council Member shall nominate for appointment one (1) qualifying applicant and such nominee shall be appointed upon an affirmative vote by not less than three (3) Council Members, one (1) of which may be the vote of the nominating Council Member. An applicant's nomination which fails to receive at least three (3) affirmative votes shall be deemed denied and such applicant shall not be further considered for membership on the Commission. However, such candidate may be considered, subject to the same vote requirements and limitation, for other appointive commissions of the city. In the event any Council Member does not nominate a qualified applicant, or such Council Member's nominee is not appointed, within thirty (30) days following the vacancy of such Commissioner's seat, the City Council as a whole may, by majority vote to the Council, make such appointment.
Commissioner Removal.
Any member of a commission may be removed by the City Council without cause during such commissioner's term of office. Removal may be made upon an affirmative vote of not less than three (3) Council Members, one (1) of which must be the Council Member who nominated such commissioner unless the nominating Council Member is no longer on the Council. Alternatively, if the Council Member who nominated such commissioner is opposed, then removal may be made upon an affirmative vote of four-fifths (4/5) of the City Council.
Previous Process
(Prior to October 2018)
Prior to the revisions adopted by the City Council in October 2018, the previous procedures were outlined in Section 2.16 of the Brea Municipal Code. For the City Council's reference, the old procedural language from Section 2.16 is attached in its entirety. Applicable excerpts of the previous language outlining the prior procedures from Section 2.16 are pasted below:
Application Process
D. City Council interviews of applicants. Within ten (10) working days the City Clerk shall obtain dates and times at which one (1) or more Council members may be available to interview the qualifying applicants...Any City Council member shall not be required to disclose the specific details of any interview conducted but shall be required to confirm to the Council that an interview did or did not occur.
Appointment; Power to Nominate
Each Council member shall nominate for appointment to each Commission one (1) qualifying applicant and such nominee shall be appointed upon the concurrence of not less than three (3) affirmative votes of the City Council, one (1) of which may be the vote of the nominating Council member. An applicant's nomination which fails to receive at least three (3) affirmative votes shall be deemed denied and such applicant shall not be further considered for membership on the Commission. However, such candidate may be considered, subject to the same vote requirements and limitation, for other appointive commissions of the city. In the event any Council member does not nominate a qualified applicant, or such Council member's nominee is not appointed, within thirty (30) days following the vacancy of such Commissioners seat, the City Council as a whole may, by majority vote to the Council, make such appointment.
Removal of Commission Members
Any member of any Commission may be removed without cause during such Commissioner's term of office by the affirmative vote of three (3) members of the City Council. In addition, a commission member may be removed by unilateral declaration of the Council member who nominated that Commissioner.
These items are provided in order to facilitate City Council review and deliberation of the current appointment and removal procedures for Council-appointed Planning Commissioners. |