OK, perfect. As you know, a city's boards, committees and commissions are a vital support system for any committee and for any city, and the better they function, the better a city can serve its residents. That is why it is important for members of these groups to be well informed of their roles, responsibilities and applicable laws And I'm so sorry, please reserve questions till the end. And if you guys have any questions, I'll be more than happy to discuss.
Boards commissions and committees are established by the OMC. The current ones are the Planning Commission, the Parks and Recreation Commission, the Historic Preservation Commission, the Arts Commission, and the Buildings and Appeals Board. There is also the Finance and Budget Committee This committee is advisory to City Council and does not possess independent decision making.
Members are appointed by a committee composed of the mayor, a rotating city council member and the chair or vice-chair. The nominating committee must reach a unanimous decision for each nominee to be confirmed by the city council. If a majority of the full city council declines to accept nominees proposed by unanimous vote of the nominating committee, the nominating committee begins the process again and interviews candidates from existing applicant pools to select a new nominee until the City Council confirms the nominating committee's choice.
Vacancies created midterm are filled in the same manner. Qualifications for members are described in their respective agency's ordinances. To join a board, commission or committee you must take an oath and sometimes be required to submit a statement of economic interests. You will also be expected to participate in ethics training within a year of appointment and every two years.
You may know this as the AB 1234 and AB 1825 trainings. However recent legislation has changed the timelines for ethics training which we will discuss later. You will also be expected to complete sexual harassment prevention training within six months of appointment and every two years as well. Members serve four year terms, and there are no exceptions except the Youth Commissioner of the Parks and Recreation Commission who is limited to one two-year term.
All committee members must also serve until their successor is appointed and qualified. Members serve at will and may be removed for any reason. Some examples of reasons are excessive absences, verbal or physically abusive behaviour, violations of ethics policies, violations of city policies and conflicts of interest. Committee appointments are non-political appointments.
There is also a process and procedure for removal of members The first is that two City Council members must advise the city manager of their intent to place an item on an upcoming agenda, to consider the removal of the committee member. The second step is the city manager then contacts the committee member to advise them of the request and to provide them with at least seven days of advanced notice of the agendized City Council discussion regarding their removal.
The committee member can then choose to resign or object to the proposed action. If they choose to resign, 60 days notice is suggested to enable the identification and replacement of the member without causing a gap in the committee's membership. If they choose to object, they'll be given an opportunity to speak to the full city council at the agendized public meeting before consideration of their removal.
After completing this process, any committee member may be removed by majority city council vote or regular city coun- at a regular city council meeting. Each board, commission or committee must elect a chair, a vice-chair and secretary to serve a one year term. Committee members may nominate themselves or any other member to these positions. No second is required.
Once nominations are complete, a vote on the nominee in the order of nominations is taken. The nominee receiving the votes from the majority of members in attendance will be appointed If no member receives a majority, the process is repeated except in the event of a tie between the top two vote-getters. In which case, a runoff will be held. Some boards, commissions and committees function in a purely advisory role while others have decision making responsibilities functioning in a quasi judicial, quasi legislative role.
All committees serve in an advisory role to City Council. An advisory role, for example, includes recommending changes to the OMC if the change is within the committee's jurisdiction. Both informal and formal means of communication may be used to fulfill this advisory role. Formally, committee recommendations related to city actions may be presented at City Council meetings as individual agenda items or as action minutes.
Other boards, commissions and committees may also have decision-making responsibilities and function in a hearing mode from time to time which is considered a quasi judicial role. These responsibilities include the granting of permits and the hearing of appeals. Some examples are the Historical Preservation Committee, the Planning Commission and the Building Appeals Board.
Recommendations to City Council are made through formal action meaning by a motion and vote and sometimes the approval of resolution. Committees may also perform additional duties assigned to it by City Council. Ad hoc committees may be formed by committee vote to accomplish a specific goal within a given time frame. Ad hoc membership nominees in the, ad hoc not, I'm sorry.
Ad hoc committee membership must be less than the quorum of the committee. Ad-hoc committees are also expected to give regular reports on the progress towards their specific goal. Members are expected to review the agenda materials, attend meetings, participate in discussion and vote on agenda items. If a member is unable to attend a meeting they should notify the committee chair as soon as practical.
Members of a committee shall attend in person unless arrangements are made in advance for attendance or by teleconference. The chairperson presides over meetings as well as has other responsibilities that are listed on this slide. As the chair appears before on behalf of the committee when appearing before City Council, the chair may only speak on behalf of the committee on a topic where an action was approved of by a vote of the committee.
Each committee also has a city council liaison who facilitates the committee's work and communicates information back to city council. The council liaison does not participate in committee decisions. There are two types of meetings, regular and special. Regular meetings may be rescheduled with the posting of a cancellation notice and notification of a special meeting.
Special meetings may be canceled by either the chair or staff liaison. The reasons for cancellation should be sent to the council liaison mayor and city manager. Lack of a quorum of the majority of appointed members at a meeting requires meeting cancellation. Special meetings may be held at any time upon the call of the chair, a majority of committee members or city council followed by the appropriate notice.
Special meetings may be called to meet deadlines, conduct study sessions or workshops, or when a quorum was not met at a regular meeting. Serial meetings and discussion of official business outside of noticed public meeting is not allowed. Serial meetings are a violation of the Brown Act. A copy of the most recent version should have been sent to you all already by the City Clerk.
Committee members are subject to FPPC investigations in the event complaints are filed regarding Brown Act violations. The combined effect of a serial meeting may inappropriately be a quorum of committee members. For example, if a member of a seven-member committee speaks to more than two other members it may constitute a serial meeting. Inadvertent use of email, like the careless use of the reply all function can also result in serial meetings.
Engaging a discussion of city business on social media can also lead to a serial meeting. A quorum is a majority of the members there can be no meeting of the committee unless a quorum is present. If less than a quorum attends, any discussion by that group is characterized as a committee of the whole. But no record is made of this occurrence and no decisions can be made.
All board commissions and committee meetings are subject to the Ralph M. Brown Act, colloquially known as the Brown Act which is found in the California Government Code Under the Act, all meetings must be open and public. However, the Brown Act does not limit an official acting in his or her own capacity. Meaning you have the right to confer with your constituents, advocates, consultants, news reporters, or talk to your staff or colleague but you must make sure you are not discussing official committee business in order to avoid having a serial meeting.
The use of direct communication intermediaries or technology to develop a collective concurrence outside of a meeting is also considered a serial meeting and therefore prohibited. The seriousness of serial meetings cannot be stressed enough, and the internet makes it much easier for members of legislative bodies to communicate with each other and their constituents in ways that make it easier to have a serial meeting.
To avoid this, a good social media rule is to not react, share or comment on a post or comment by any member of the body. And this slide also tells you what to do to avoid having serial meetings but I'm sorry, the last slide discussed how not to have a serial meeting and this one It's about what is not considered a meeting. So the Brown Act and serial meetings should not discourage you from having individual communications or contacts with other members about non-committee matters. So there is no prohibition, let's say on attending public conferences or other local agency meetings, community meetings and social gatherings Informational meetings with staff are also not considered a Brown Act, and so we should not be discouraged from having communications with constituents or other members about non-committee matters.
And this slide is just some additional information about social media communication that I discussed briefly in the previous slide and you can review for additional guidance. And you should have received a copy of this presentation. The City should have it, and you can ask for a copy of it as well at the end. Agendas. The agenda constitutes the roadmap for the meeting. The format and sequence of the committee's agenda is discussed in detail in the Commissioner Handbook I would refer you there if you need additional details regarding the formatting of specific parts of agendas. Generally, the committee's meetings are governed by Rosenberg's Rules of Order.
Rosenberg rules of order contain specific rules of conduct. Every member desiring to speak shall address the chair and upon recognition by the chair confine their contributions to the matter at hand, avoiding all indecorous language, personal attacks as well as any tangential discussions of non-agendized items. A member may not interrupt a speaker except for the following reasons.
So they may interrupt for privilege. The power of the proper interruption would be points of privilege. The chair would then ask the interrupter state your points Appropriate points of privilege relate to anything that would interfere with the normal comfort or amplification of the meeting. For example, the room may be too hot or too cold. The second would be a call-to-order.
The proper interruption would be points of order. Again, the chair would ask the interrupter to state your point. Appropriate points of order relate to anything that would not be considered appropriate conduct at the meeting. If the chair moved to vote on a motion without permitting the debate, which is allowed. The third is appeal. If a chair makes a ruling that a member of the body disagrees with, the member may appeal the ruling of the chair. The proper interruption is I appeal the ruling of the chair.
If the motion is seconded and after debate if it passes by a simple majority vote then the ruling of the chair is deemed reversed. The fourth is to withdraw a motion During debate and discussion of a motion, the maker of the motion on the floor at any time may interrupt the speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn and any other member may make the motion once recognized.
Other rules of testimony to keep in mind are that all comments should be addressed to the committee as a whole and not to an individual member of the committee, members of the public or staff. It is also helpful but not required for speakers to state their name in order that the secretary might identify them in the minutes of the meeting. The chair may limit speakers to three minutes or less depending on the number of speakers and the length of the agenda.
The process of consideration and action on an item is handled with the following four steps. The first is presenting the item, the chair should announce the agenda item number and subject. The chair should then announce any special procedures to be followed like let's say for example if the item is a quasi public hearing this is also when any members would announce their conflicts of interest if any and recuse themselves from the vote and leave the room The chair should then invite the appropriate people, typically city staff to report on the item.
The chair may provide an opportunity for committee members to ask clarifying questions to the person providing their report. This is not preferred as questioning tends to segue into position statements before public input is taken which is inconsistent with the open meetings principles. The second is to ask for public input The chair then will open the meeting to the public and may limit speakers' time as discussed previously.
A response to public comment, if appropriate, should not be provided until the public comments are finished. The third is to consider the item. The chair then requests committee deliberation. Member deliberation would include questions of the person making the report or others with relevant knowledge. Consideration of alternatives to the recommendation Additional considerations not previously stated, and other relevant facts and opinions.
The fourth is to decide. The committee then decides by a motion in voting. The motion in voting appendices in the handbook are also more detailed information regarding this process if you would like more instruction regarding it. For all action items the chair then invites a motion from the members No motion is made if the agenda item is to receive a report, unless the committee wishes to address recommended actions contained within the report.
Once a vote is taken discussion on the item ends. For public hearings there are additional guidelines After receiving the staff report, the chair would then open the public hearing and accept testimony in the following order. The first, the applicant or proponent. The second, the opponent. The third, rebuttal or sub-rebuttal. And the fourth, public comment. The chair would then close a public hearing.
Committees may take action in different ways, either informal or formal. Informal actions meaning no vote is required generally take the form of a chair giving direction after input from other committee members. Informal actions would include requesting information from staff or suggesting that a committee member report on a future agenda topic. Formal actions are taken by establishing a quorum considering a motion and voting Most actions require a vote by the majority of the appointed members, unless a supermajority is required.
All formal actions must be listed in the agenda and require a motion and vote in the affirmative. Motions are the vehicles for taking formal actions. A motion should be introduced on a matter after general information is shared, options have been identified, and members share their opinions and seek to persuade. The Chair shall ensure that all motions are clearly stated and commonly understood before allowing future further deliberations and voting.
Items may be continued by committee vote to a subsequent time for the following types of reasons. The committee requires additional information during the meeting, new information or issues come to light during the meeting that need further study, or any other reasons that are deemed appropriate and substantial by the committee. In addition, a committee hearing may continue an item when the applicant cannot The application is revised by the applicant during the meeting or the committee requests that the application be revised.
Disrupting means engaging in behavior during a meeting that disrupts, disturbs or impedes the orderly conduct of the meeting. Prior to removing an individual, the chair shall warn the individual that the behavior is disturbing the meeting and that their failure to cease their behavior may result in their removal. The chair may then remove that individual if the behavior continues.
If there has been a use of force or a true threat of force and there is no obligation for the chair to provide a warning before removing that individual from the meeting. The public has a right to review and inspect public records with certain exceptions, those exceptions are the pending litigation exception which exempts documents prepared in support of ongoing litigation.
The delivery process exemption which exempts preliminary drafts, notes or other information relating to the deliberative process. The personal privacy exemption which exempts personnel files medical records or other such records the disclosure of which would constitute an invasion of privacy. Other records that are exempt are real estate appraisals, records pertaining to investigations and preliminary drafts, notes or memos that are not kept in the ordinary course of business.
If you need examples of what constitutes a public record please refer to this slide. An agency must make copies of disclosable records promptly available upon request. An agency shall respond within 10 days with a determination if there are disclosable records and then can request an additional extension of 14 days for certain unusual circumstances like voluminous files or if they need more time to look for the files.
A writing can be considered retained by the agency even if that writing is retained in the employee's personal account, if the writing relates to the conducting of the agency's business Therefore, it would be subject to disclosure under the Public Records Act. So it's important to keep your business and your personal separate to avoid commingling. Privacy concerns are addressed on a case-by-case basis so that's why it's very important to not use your personal accounts when conducting official committee business because then you would have to make the argument to try and claw your personal files back Committee members are representatives of the City, meaning they have a duty to represent the City and to take only those actions they believe are for the benefit of the City.
Committee members are expected to comply with all applicable laws and have the ethical duties of loyalty, due diligence, and avoiding bias. Under the Levine Act no member with the power to make decisions or recommendations may accept, solicit, or direct a contribution of over $500 while a proceeding like a license, a permit or use entitlement is pending before them from a participant party or their agent.
This also applies for 12 months after final decision is rendered. This only applies to committee members who are running for elected office. If the member has received a contribution of over $500 within the preceding 12 months that fact must be disclosed on the record of the proceedings before rendering any decision If a member willfully or knowingly receives such a contribution within the preceding 12 months, the member may not participate in the decision-making of that proceeding or use their position to influence such decision.
This requirement applies both to members that participate in proceedings as well as those running for office. We already discussed members' ethics and sexual harassment prevention training obligations. However, under new legislation, namely SB-827, the ethics training requirements are amended and the deadline is amended to align with the Sexual Harassment Prevention Training so that all metadata trainings are now completed within six months of starting service.
Effective January 1st of this year, SB-827 also expands the ethics training mandate to all department heads or other similar administrative officers, regardless of a designation in the agency's Conflict of Interest Code. Certain members will also be required to complete fiscal and financial trainings every two years. SB 827 only exempts county auditors, county treasurers and county tax collectors from the fiscal and financial trainings.
SB 827 also expands the records disclosable under the Public Records Act to include those financial and fiscal training records. Those records must now be maintained for five years. Also starting July 1st of this year, an agency must post on its website instructions and contact information regarding how to request those records. For copyrighted works the City has a policy against using copyrighted works The purpose of this policy is to protect the city from the legal and operational challenges associated with the use of copyrighted materials during public meetings.
The best practice is to not use any of these materials at the meetings, and if you need any more information regarding copyrighted works, you can refer to this slide. Okay, this part of the presentation was regarding the roles and responsibilities that are specific to the Parks and Recreation Commissioners An integral part of the history and image of the City of Ojai are its public parks and recreational facilities. For example, Libbey Park which we heard about tonight hosts music festivals, the Ojai Tennis Tournament and other community events in addition to the Sarzalti Park being a sports hub and used daily.
The Parks and Recreation Commission reflects the desires of the community to care for and develop its parks and recreation facilities. The purpose of this commission is to serve as an advisory body to the City Council, and also to interface with citizens and city leaders to develop recreation programs and activities, and review policies and plans for parks in public areas.
Ojai Valley residents place a great priority on the quality of their recreational programs in public parks And this commission is a valuable liaison to assure that adequate financial and logistical support is obtained from the private and public sectors. The objective of diving more in depth regarding your specific role on the Commission is to familiarize you with the laws that govern your position, the procedures necessary to properly effectuate your position, and most importantly, the responsibilities that are specific to your role on this Commission.
The Parks and Recreation Commission is composed of seven members and one non-voting youth member, who is a full time high school student living within the boundaries of the Ojai Unified School District. A nominating committee comprised of the mayor or rotating city council member and the commission chair or vice chair if the chair's office is under consideration within two months of the nomination will nominate each commissioner for confirmation by the City Council.
The youth member is nominated by the mayor and confirmed by their approval of a majority of the full City Council. All commission appointments are non-political appointments as mentioned previously. While it is preferred that all members of the Commission have primary residence and be domiciled within the City, a maximum of three members of the Commission may have primary residence and be domiciled outside of the City.
All members must live within the Ojai Area of Interest as defined by the Ventura County Local Agency Formation Commission. The Commission elects from amongst its members a Chair and a Vice-Chair, and may appoint a Secretary who does not need to be a member of the Commission. The Commission can also create committees as it deems necessary to perform its duties, and may delegate to Committees, Investigations, Studies, and other Administrative Duties as it deems advisable.
All members of the Parks and Recreation Commission, other than the youth member are appointed for terms of four years. The youth members are appointed for a term of two years and can be appointed for a maximum of two terms. The terms of members of the commission shall expire at the second regular City Council meeting of May. The term of the youth member of the commission shall expire at the second regular City Council meeting in May of every other year.
The commission follows the rules of order and procedures set forth in the city's Board and Commissions Handbook and in the absence of any specific rules of conduct or procedure, Rosenberg's Rules of Procedure will apply. Four members of the Commission shall constitute a quorum without regard to residency. The Parks and Recreation Commission's powers and duties are set forth in OMC Chapter 2-4.104. I'm going to provide you with a broad overview of them, and if you need any further information regarding any of these points I will refer you to the explanation in this slide as well as to the Ojai Municipal Code.
The functions and powers of the Commission are limited to advising City Council regarding matters pertaining to recreation, to be knowledgeable about recreation in general and within the city, to receive input from the community, to review their general plan and make recommendations, to review the city's recreation policies and make recommendations To participate in the annual review of the proposed budget.
To participate in the annual review of the five-year capital improvement plan. To participate in the annual review of the city fees related to recreation. To make recommendations promoting recreation. To report to the public at least once a year regarding the activities of the commission. That's the end, guys. I hope it was quick and painless. If you have any questions now is the time. I will stop sharing my screen.
Thank you.
