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CULTURAL HERITAGE BOARD MEMBERSHIP - VACATE SEAT
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RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution ratifying the removal of Member Johnson from the Cultural Heritage Board (CHB) for excessive absences.
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DISCUSSION
Background
During its October 4, 2023, meeting, the Cultural Heritage Board (CHB) reviewed the formal attendance policy per the Council Policy Manual (CPM) and CHB Bylaws. It was noted that some Board Members had extensive absences.
On July 9, 2024, the City Council revised Council Policy Manual Chapters 3.02 and 3.03 amending the vacancy announcement process and appointed member attendance policy (Attachment A - Resolution 2024-07-09-1503).
In preparation for the August 12, 2024 CHB meeting, staff analyzed Board Member absences and found that three (3) Board Members had absences exceeding 25% over the preceding twelve months (Attachment B - CHB Staff Report) and were eligible to be vacated. The Board, via Motion 2024-08-14-0602, requested staff to forward their recommendation of vacating Board Member Jewelian Johnson’s seat to the Planning Commission.
Although three Board Members were eligible for vacation, the Board unanimously agreed that two members had extenuating circumstances and should not be considered for vacation. The Board resolved that Members Bach and Holmes’ prior attendance indicates future consistency as said extenuating circumstances have been resolved. The Board further expressed that they had every confidence that Members Bach and Holmes would be consistent contributors and attendees of CHB meetings moving forward and that they were appreciative of their respective academic and professional expertise.
Present Situation
In the last 12 months, Board Member Johnson has been absent from eight of the eight meetings with eight concurrent absences (Attachment C - CHB Attendance Report). Staff has attempted to contact Board Member Johnson in advance of each meeting (via e-mail and telephone) and has been unable to make contact.
Per CPM Chapter 3.03, Attendance Policy for Appointees, members of the Cultural Heritage Board are excused from meetings only for illness or other medical reasons, work related conflicts, and scheduled vacations when notice is provided at least 30 days in advance. Members of the Cultural Heritage Board shall not be absent in excess of the Council Policy Manual’s attendance policy:
1. For any Commission that meets once a month or less frequently, a Commissioner's absences from 25% or more of the meetings in any 12-month period shall result in the position being vacated, subject to Planning Commission ratification as provided in Chapter 3.03.010 of the CPM.
2. Meetings cancelled due to lack of quorum prior to the meeting date count as absences for the members who did not confirm attendance in advance of the meeting.
3. All absences are counted towards attendance rates, excused absences are not exempt from attendance rate calculation.
If the attendance record of a Board Member is such that absences would result in the position being vacated, the Clerk’s Office shall notify the appointing body, here the Planning Commission, of the appointee’s attendance record. Upon receipt of the attendance report, the Commission may direct the Clerk’s Office to prepare a report so stating and recommending that the Commission ratify that the position has been vacated. The Planning Commission, at a regular meeting, shall then consider the recommendation and take whatever action they deem appropriate. This staff report shall serve as the report and recommendation.
Removing Board Member Johnson from the CHB will create an additional vacancy, resulting in three (3) total vacancies. This can potentially pose quorum issues as it is a nine-member board that requires a minimum of five in attendance to hold a meeting. However, ongoing absences are already causing quorum issues as evidenced by the cancelled meeting of August 7, 2024. The ability to advertise said vacancies provide the potential to alleviate this issue as those seats can be filled.
If ratified by the Planning Commission, Board vacancy(ies) that “…exist or whereby a [Member's] term of office will expire, the City Clerk shall announce through the news and social media, and post notice thereof on the City's website and in the Office of the City Clerk, that a vacancy exists or that a term of office will expire. A standing contact list of community partners and organizations will be maintained by the Clerk’s Office to facilitate effective outreach” (CPM Chapter 3.02.010.6).
Staff is requesting the Planning Commission adopt a resolution ratifying the vacancy of Board member Johnson’s CHB seat as established by the Attendance Report and CPM Chapter 3.03.010.
Attachment A - Resolution 2024-07-09-1503
Attachment B - CHB Staff Report
Attachment C - CHB Attendance Report
This staff report was prepared by Stephanie Ocasio, Director of Community Development. (209) 937-8544; stephanie.ocasio@stocktonca.gov.