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#09 Action on proposed Council Policy #90 establishing term limits for Councilmembers serving on committeesCITY MANAGER’S OFFICE MEMORANDUM January 30, 2012 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a Proposed Council Policy Establishing Term Limits for City Councilmembers serving on Boards, Commissions and Committees (Council Policy No. 90) Request Councilmember Rashkin requested staff bring forward a policy to implement term limits for Councilmember service on boards, commissions and committees. This item was brought forward in 2011and was scheduled to be discussed in 2012. Staff Recommendation Staff sees this decision as policy of the Council and has no recommendation. If the Council wishes to approve Council Policy No. 90, the Council should choose one of the two shaded sentences on page 2 of the policy for inclusion. City Manager Recommendation There is no recommendation on the item. The potential policy attempts to define the term limits as the time when a Council member is serving on the Council and does not include time served on a specific commission as a non-Council member. Suggested Motion Text I move to approve Council Policy No. 90 to implement term limits for Councilmember service on boards, commissions and committees. The Council may also wish to provide direction on whether a charter ordinance regarding term limits for citizen board, commission and committee members be brought forward for Council review. Background Information At the second meeting of April each year the Council President appoints Councilmembers to those boards, commissions and committees in which Councilmembers serve. The appointments are for one year in length (May 1-April 30). There is currently no limit as to the number of years a councilmember may serve on a board, commission or committee. Council Policy No. 90 Council Policy No. 90 outlines new regulations concerning term limits for Councilmembers to serve on boards, commissions and committees. Highlights include the following: 1. Councilmembers continue to be appointed annually by the Council President at the second meeting of April. Appointments continue to be for one year (May 1- April 30). 2. Term limits for Councilmembers to serve on Boards, Commissions and Committees shall be equal to the term limits for citizen members on each respective board, commission or committee. For example, if a citizen member may serve two, three-year terms, Councilmembers may also serve a total of six years. 3. For committees that are not organized by the City of Janesville, such as the Downtown Development Alliance, Councilmembers may serve following the policy of the organization. If no term limit is imposed by the organizing group, there shall be no term limit for service on that board, commission or committee. 4. The Janesville Metropolitan Planning Organization Policy Board is exempt from this policy statement because all Councilmembers serve on this Board. 5. Years of service on a board, commission or committee do not need to be consecutive to count toward the maximum number of years. 6. If a councilmember has a break in their service as a councilmember (resigns from council, chooses not to run for office, etc.), their number of years of committee service reverts to zero. This means that if the former Councilmember was re-elected to council, their years of service on boards, commissions and committee would be zero for the purpose of determining term limits. 7. Time served as a citizen member on a board, commission or committee is excluded when determining years of service. This means that if a Councilmember volunteered for a committee prior to being elected, those years of service are excluded from the term limit regulations. 8. If a Councilmember is appointed to a board, commission or committee outside of the normal April process, such as to fill a mid-year vacancy or to serve on a newly formed committee, that portion of a year’s service shall be excluded when determining years of service. 9. This policy is effective April 1, 2012. Council will need to determine whether to exclude or include current and past years of service. Proposed Regulations Table 1 depicts the committees in which Councilmembers serve, the number of Councilmembers that serve on each committee, the term length for citizen members, the number of terms citizen members may serve and the proposed number of years a Councilmember may serve under proposed Council Policy No. 90. There are eleven committees in which Councilmembers serve. Council Policy No. 90 proposes:  Six committees would allow Councilmembers to serve 6 years;  Two committees would allow Councilmembers to serve 4 years;  Two would not include term limits; and  One committee would allow for nine years of service. Table 1: Councilmember Term Limit Information COJ organized Committees How many terms Proposed Maximum # of years Committee in which # of How long is a can citizen a councilmember may serve Councilmembers Councilmembers citizen member members under proposed Council Servethat serveterm? (years)served?Policy No. 90 Alcohol Licensing Advisory1 3See note below6 Cable Advisory1 3See note below6 Comm Development Authority2 414 Ice Skating Center Advisory1 3See note below6 Leisure Advisory1 3See note below6 Plan Commission2 326 Sustainable Janesville1 2See note below4 Transportation Committee1 3See note below6 Appointed annually by Council President; No citizens serve; taxing entities TIF District select No term limit for representative1representativerepresentatives No term limit Non-COJ organized committees Proposed Maximum # of years Committee in which # of a councilmember may serve Councilmembers Councilmembers How long is a Councilmember under proposed Council Servethat serveterm?Policy No. 90 Appointed annually by Council President; Bylaws indicate Council Community Action representative serves at the pleasure Board representative1 of their appointing authorityNo term limit Appointed annually by Council Downtown President; Bylaws allow for 3, three Development Alliance2Per their bylaws, 9 years year terms, thus 9 years. Notes: Janesville MPO is not included because all councilmembers serve on this committee. The number of terms a citizen may serve on committees appointed by the city manager is determined by charter ordinance 2.04.160. There are no references to term limits for Council President appointments; therefore, there are no term limit requirements for those committees appointed by the Council President. Historically, Council President appointments have followed the guidelines set in Charter ordinance 2.04.160. Peer City Comparison Staff completed a peer city survey to understand the regulations concerning term limits in other communities, as outlined in Table 2. Table 2: Peer City Comparison Is there a maximum number Do Councilmembers of years/terms a serve on boards, How many years Councilmember may serve commissions and is an on a board, commission or Peer Citycommittees?appointment?committee? AppletonYes2 Years No BeloitYes1 Year No Eau ClaireYes1 Year No Fond du LacYes1 Year No Green BayYes2 Years No KenoshaYes2-5yrs No ManitowocYes2 Years No OshkoshYes1 Year No RacineYes 1,2, or 3 Years No SheboyganYes1 or 2 Years No WaukeshaYes1 Year No WausauYes2 Years No JANESVILLEYes1 yearNo Of the twelve cities surveyed, all 12 (100%) have Councilmembers serving on boards, commissions or committees; this is the same as Janesville. The number of years that a Councilmember is appointed to serve on a committee varies, with most ranging from 1-2 years; this is similar to Janesville’s approach of one year terms. All 12 (100%) do not regulate the maximum number of years that a Councilmember may serve on a board, commission or committee. Cities stated that once one appointment is completed, Councilmembers may be appointed again. The peer cities’ approach is the same as Janesville current approach; if the Council implements Council Policy No. 90, Janesville’s approach would be dissimilar to our peers. Pros & Cons to implementing term limits for Councilmembers on Boards, Commissions and Committees Pros 1. Allows different Councilmembers to serve, thus possibly leading to varied perspectives 2. Provides consistency in length of service between citizen members and Councilmembers Cons 1. Councilmembers may be appointed to a committee not in their field of interest or knowledge because there may not be many options for appointment, particularly if other Councilmembers personally exclude themselves from certain committees due to scheduling conflicts 2. Committees working on long term or complicated projects/topics may prefer the consistency of having a Councilmember serve for several years Analysis Limiting years of service of Councilmembers on boards, commissions and committees is a new topic for the Council and one that has not been implemented in peer cities. Should the Council wish to begin term limits for Councilmember committee service, Council Policy No. 90 outlines regulations to implement this change. As noted in Table 1, there is no official term limit for citizen members appointed by the Council President. Staff has historically used the regulations from charter ordinance 2.04.160 governing citizen members appointed by the City Manager. The Council may wish to have a charter ordinance brought forward to solidify the regulations concerning citizen members appointed by the Council President. Charter ordinance 2.04.160 Charter ordinance 2.04.160 (attached) details the limitation of terms for those citizens recommended by the City Manager. This ordinance states:  If a term length is 3 years or less, a volunteer may serve up to 2 consecutive terms;  If a term length is more than 3 years, a volunteer may serve 1 term. This ordinance also provides an exception that would allow the manager to appoint a volunteer to one additional term if the person was deemed to have unique knowledge or a critical capacity with an unfinished committee project. Historically, this exception has not been used. CITY OF JANESVILLE Policy No. 90_ CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 4/1/2012 Special Subject: Councilmember Term Limits for Boards, Commissions and Committees Cancellation Date Supersedes No. PURPOSE The objective of this policy is to outline the term limit regulations concerning Councilmembers’ service on boards, commissions, committees. STATEMENT OF POLICY Appointment Councilmembers continue to be appointed annually by the Council President at the second meeting of April. Appointments continue to be for one year in length (May 1- April 30). Term Limit Regulations Term limits for Councilmembers to serve on Boards, Commissions and Committees shall be equal to the term limits for citizen members on each respective board, commission or committee. For example, if a citizen member may serve two, three-year terms, Councilmembers may also serve a total of six years. For committees that are not organized by the City of Janesville, such as the Downtown Development Alliance, Councilmembers may serve following the policy of the organization. If no term limit is imposed by the organizing group, there shall be no term limit for service on that board, commission or committee. If a councilmember has served the maximum amount of time on a board, commission or committee, he or she must wait two (2) years before being able to serve on that board, commission or committee again. The Janesville Metropolitan Planning Organization Policy Board is exempt from this policy statement because all Councilmembers serve on this Board. Years of Service Years of service on a board, commission or committee do not need to be consecutive to count toward the maximum number of years. If a councilmember has a break in their service as a councilmember (resigns from council, chooses not to run for office, etc.), their number of years of committee service reverts to zero. This means that if the former Councilmember was re-elected to council, CITY OF JANESVILLE Policy No. 90_ CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 4/1/2012 Special Subject: Councilmember Term Limits for Boards, Commissions and Committees Cancellation Date Supersedes No. their years of service on boards, commissions and committee would be zero for the purpose of determining term limits. Time served as a citizen member on a board, commission or committee shall be excluded when determining years of service. This means that if a Councilmember volunteered for a committee prior to being elected, those years of service are excluded from these term limit regulations. If a Councilmember is appointed to a board, commission or committee outside of the normal April process, such as to fill a mid-year vacancy or to serve on a newly formed committee that portion of a year’s service shall be excluded when determining years of service. This policy is effective April 1, 2012. Councilmember service on boards, commissions and committees prior to April 1, 2012 are excluded from these term limit regulations. OR Councilmember service on boards, commissions and committees prior to April 1, 2012 are included in these term limit regulations. Comment [rs1]: Council should choose one of these sentences for inclusion in the policy.