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#5 Adopt Council Policy on committee member residencyCITY MANAGER’S OFFICE MEMORANDUM January 14, 2011 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on Proposed City Council Policy Establishing Residency Requirements for Members of City Committees (Council Policy No. 85) Request The Citizen Advisory Committee on Appointments requested staff obtain from the City Council direction on whether non-City of Janesville residents may be appointed to ad hoc committees, boards, standing committees, commissions. Staff Recommendation Committee member residency is a policy decision best made by the Council; there is no one correct technical or professional answer. Staff feels that maintaining flexibility in appointments is helpful by providing the Council the most discretion in appointing individuals they feel best meet the needs of a committee in any given situation. City Manager Recommendation I recommend option 2 which would clearly put a preference on residence but also provide discretion to the Council for decisions on an individual basis. One advantage to this approach is that there may be times that an involved person in the community who may not be a resident is willing to volunteer and it would provide the Council the opportunity to appoint that individual. Suggested Motion Staff wrote a policy statement that includes three options. The council should delete from the policy the paragraphs that do not pertain to their intention. I move to approve council Policy Statement #85 with the following paragraph deletions (1, 2, or 3). Background At the December 8, 2010 Citizen Advisory Committee on Appointments meeting, committee members asked whether volunteers had to be city residents to serve on an ad hoc, board, committee, or commission. Staff shared that there is no one official ordinance or policy requiring residency, but the historical and traditional procedure is to only appoint city residents to committees. The Committee then asked staff to approach the Council to obtain direction as whether non-City of Janesville residents may be appointed to ad hoc committees, boards, standing committees, and commissions. Since the implementation of the committee volunteer application form, a small number of non-residents have applied to serve on city committees. These individuals typically had a “Janesville” address, but did not live within the corporate limits of the City (lived in 1 a neighboring township with a “Janesville” address) or they lived outside the city limits, but owned property within the city. Staff forwards those applications to the Appointment Committee with a notation indicating they are non-residents. Because of the history of only appointing city residents, the publicity materials and the city website indicate only residents may apply for city committees. Legislation Governing Residency Seven of Janesville’s 15 standing committees, or 47%, require residency, while seven, or 47%, are silent regarding residency of members. One board (6%) allow for two of the nine members to be non-residents. Is there legislation governing residency of committee Committeemembers? ALACCouncil Policy 66A requires residency of members. Advisory Committee on AppointmentsCouncil Policy 82 requires residency of members. Board of ReviewCharter Ordinance Chapter 2.20 requires residency of members. CableNo CDAState statute 66.1335 requires residency of members. Golf AdvisoryNo Historic CommissionNo Ice Center AdvisoryCouncil Policy 83 requires residency of members. Leisure AdvisoryNo State statute 43.54 allows for 2 of the 9 members to be non- Libraryresidents. Plan CommissionCharter Ordinance 2.48.020 requires residency of members. Police & Fire No Commission Sustainable JanesvilleCouncil Policy 81 requires residency of members. TransportationNo ZBANo Peer Survey A peer survey was completed to understand the regulations present in other communities. Of the 12 cities surveyed, 7, or 58.3%, require residency of all of committee volunteers. Another (8.3%) enforces residency for standing committees, but exceptions are made for ad hoc committees. In one City (8.3%) appointing residents is the norm; however, exceptions are made. In 2 cities, or 16.6%, residency is required for some of their committees, but others allow non-residents to serve. Finally, in one City 2 (8.3%) residents are given preference, but non-residents may be appointed. Overall, about half the cities enforce residency for committees more strictly, and the other half lean toward having residents serve, but also offer flexibility/exceptions so that non- residents may serve. Is residency required to serve on a city board, committee, Citycommission? Eau ClaireResidency required. Green BayResidency required. KenoshaResidency required. La CrosseResidency required. OshkoshResidency required. WausauResidency required. RacineResidency required. 1 exception was made recently. Residency required for standing committees; flexibility/exceptions made for ad hoc committees. Manitowoc AppletonOnly residents are appointed, but there are exceptions made. Fond du LacMajority of committees require residency, but some do not. SheboyganMajority of committees require residency, but some do not. BeloitCity residents given preference, but others may be appointed Pros & Cons to allowing only residents to serve Pros: 1. Allows those affected by decisions to advise on those decisions 2. No matter a person’s residency, individuals are always welcome to comment on issue affecting them or the City Cons: 1. Property or business owners living outside the City may be affected by decisions, but won’t have the opportunity to advise on those decisions as a committee member Pros & Cons to allowing non-residents to serve Pros: 1. There may be instances where having a non-resident on a committee could provide a different perspective or expertise in an area that would be beneficial to the committee or city as a whole 2. Property or business owners living outside the City could be affected by decisions and would have the opportunity to advise on those decisions as a committee member Cons: 1. No matter a person’s residency, a committee may invite an individual or group they think would be beneficial to their decision-making process to their meeting 3 CITY OF JANESVILLE Policy No. 85 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Appointment to City Committees Effective Date Specific Subject: Ad Hoc, Board, Committee, Cancellation Date & Commission Member Residency Supersedes No. PURPOSE To establish, define, and record the Janesville City Council’s preference regarding the residency of members of city ad hoc committees, boards, standing committees, and commissions. STATEMENT OF POLICY Comment [rs1]: Staff has written this policy to include three options. Council should strike two With exception for those boards, committees and commissions governed by other of the three paragraphs provided to indicate their preferred option. legislation or policy statements concerning residency, the Janesville City Council requires Comment [rs2]: Paragraph & Option 1 all members of Janesville’s ad hoc committees, boards, standing committees, and commissions to reside within the corporate city limits of the City of Janesville. OR With exception for the Police and Fire Commission and those boards, committees and commissions governed by other legislation or policy statements concerning residency, the Janesville City Council has a preference to appoint residents within the corporate city Comment [rs3]: Paragraph & Option 2 limits of the City of Janesville to ad hoc committees, boards, standing committees, and commissions; however, non-residents may be considered for appointment. If the Citizen Advisory Committee on Appointments or the City Manager recommends to the City Council a non-resident volunteer, information should be shared as to why that person was selected for recommendation. The Janesville City Council requires all members of the Police and Fire Commission to reside within the corporate city limits of the City of Janesville. OR With exception for the Police and Fire Commission and those boards, committees and commissions governed by other legislation or policy statements concerning residency, the Janesville City Council does not require members of Janesville’s ad hoc committees, Comment [rs4]: Paragraph & Option 3 boards, standing committees, and commissions to reside within the corporate city limits of the City of Janesville. The Janesville City Council requires all members of the Police and Fire Commission to reside within the corporate city limits of the City of Janesville.