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HomeMy WebLinkAboutOrdinance No. 2741-2014Sponsored by: Council Member Molloy CITY OF KENAI [ANCE NO. 2741 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 1.90.010 - CREATION, TO PROVIDE FOR COUNCIL LIAISONS, INSTEAD OF COUNCIL EX OFFICIOS AND COUNCIL CONSULTANTS, TO BOARDS, COMMISSIONS, AND COMMITTEES, AND OTHER CLARIFYING AMENDMENTS. WHEREAS, Kenai Municipal Code 1.90.010 Creation currently provides that the Mayor, after consultation with Council, shall nominate Council Members for confirmation by Council as ex officio members and consultants of any board, commission or committee; and that, after confirmation by Council, these ex officio members and consultants, along with the Mayor, may attend all meetings, but shall have no voting power on the board, commission or committee; and, WHEREAS, an "ex officio member" is generally a member of a body (a board, commission, or committee) who is part of the body by virtue of holding another office, and has all the same rights as regular members of the body except that, under KMC 1.90.010, he or she has no voting power; and, WHEREAS, a "consultant" is typically a professional who provides professional or expert advice in a particular area or a specific field, and who has a wide knowledge of the subject matter, but is not a member of the board, commission or committee; and, WHEREAS, for many years, Council has used the terms "liaisons" and "council liaisons," and not the terms "ex officio members and consultants," for the positions of council members that the Council elected or assigned to boards, commissions or committees; and, WHEREAS, it has been Council's intent and practice that council "liaisons" are not members of the board, commission or committee, and that they did not have a duty of consultation to the body as council "liaisons;" and, WHEREAS, a "liaison" is a communicator for two entities, the person or entity responsible for communication from one party to another party; and, WHEREAS, the term "liaison" is not in the Code; the terms "ex officio member," "consultant," and "liaison" all have different meanings and use of all three terms has the potential for confusion; and, WHEREAS, it is in the best interests of the City of Kenai to amend KMC 1.90.010 to provide for Council Members as "council liaisons" instead of "ex officio members and consultants" of any board, commission or committee; to provide that a council liaison New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2741 -2014 Page 2 of 3 is not a member of, and shall have no voting power or any other rights of membership on the board, commission or committee; to provide that the Mayor and other Council Members may attend meetings of boards, commissions or committees when serving as an alternate for the council liaison, or in their capacity as elected officials; and to provide that City administrative staff, and not a member of Council, shall attend and supply staff support to all meetings of boards, commissions and committees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 1.90.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.90.0 10 - Creation, is hereby amended as follows: 1.90.010 Creation. All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chairman and vice- chairman shall be selected annually and shall be elected from and by the appointed members. At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, shall nominate Council Members as [EX- OFFICIO MEMBERS AND AS CONSULTANTS] a council liaison to [OF] any board, commission or committee. After confirmation by Council, the council liaison [EX- OFFICIOS ALONG WITH THE MAYOR,] may attend all meetings of the board, commission or committee [, BUT SHALL HAVE NO VOTING POWER ON THE BOARD, COMMISSION OR COMMITTEE]. A council liaison is not a member of and shall have no voting power or any other rights of membership on the board commission or committee. The Mayor and other Council Members may attend meetings of boards, commissions or committees when serving as an alternate for the council liaison, or in their capacity as elected officials. [A MEMBER OF COUNCIL OR] City administrative staff shall attend and supply staff support to all meetings of boards, commissions and committees [AND SUPPLY STAFF SUPPORT]. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(fl, this ordinance shall take effect 30 days after adoption. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2741 -2014 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of March, 2014. ATTEST: 1 San ra od gh, Cibj Clerk PAT PORTER, MAYOR Introduced: February 19, 2014 Adopted: March 5, 2014 Effective: April 5, 2014 New Tent Underlined; [DELETED TEXT BRACKETED] u "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter, Council Members and Student Representative FROM: Council Member Bob Molloy DATE: 02 -12 -14 SUBJECT. Ordinance No. 2741 -2014 Current KMC 1.90.010 After Council's recent amendment, KMC1.90.010 Creation provides in relevant part that: - The Mayor after consultation with Council, shall nominate Council Members for confirmation by Council as "ex officio members and consultants" of any board, commission or committee; (emphasis supplied); - After confirmation by Council, these ex officios, along with the Mayor, may attend all meetings, but shall have no voting power on the board, commission or committee; and, - A member of council or city administrative staff shall attend meetings of boards, commissions and committees and supply staff support. Proposed Amendments Ordinance No. 2714 -2014 would amend the last three (3) sentences of KMC 1.90.010 to be as follows: At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, shall nominate Council Members as a council liaison to any board, commission or committee. After confirmation by Council, the council liaison may attend all meetings of the board, commission or committee. A council liaison is not a member of, and shall have no voting power or any other rights of membership on the board, commission or committee. The Mayor and other Council Members may attend meetings of boards, commissions or committees when serving as an alternate for the council liaison, or in their capacity as elected officials. City administrative staff shall attend and supply staff support to all meetings of boards, commissions and committees. Mayor Porter and City Councilors 02 -12 -13 Page 2 of 4 Discussion For decades, Council has used the terms "liaisons" and "council liaisons," not the terms "ex officio members and consultants," for the positions of council members that the Council elected or assigned to boards, commissions or committees. Recently, a disagreement developed among the current Council over the role of "council liaisons." In hindsight, given the terms used in the Code, and its divergence from the Council's longstanding intent and practice, it appears that a disagreement was inevitable. When I was first elected to Council in October 2005, the terms that Council used in practice, and had used for many years before 2005, were "council liaisons" and "liaisons," not "ex officio members and consultants." In 2005 -2006, I was counseled by my then colleagues, (now former) Council Members Cliff Massie and Rick Ross, that a council liaison is a "go- between" in the communication and co- operation between Council and the City's boards, commissions and committees, and not a member of and not the parliamentarian for the board, commission or committee; that a council liaison is an observer and reporter between his or her board, commission or committee and the Council; and that it was the board, commission or committee's meeting, so the liaison is not to interject himself or herself into the discussion, other than to give the liaison's council report to the body during that agenda item, unless a specific question is asked of the liaison by the Chair or the body, in which case the question could be answered and comments could be made about how the commission etc. might make recommendations to Council. The terms "liaison," "ex officio member," and "consultant" all have different meanings, so the use of all three terms is confusing or has the potential for confusion. And the term "liaison" is not in the Code. A "liaison" is a communicator for two entities; the person or entity responsible for communication from one party to another party.' This definition is consistent with the counseling that former Council Members Cliff Massie and Rick Ross gave to me, and my understanding of the Council's longstanding intent and practices for "council liaisons." An "ex officio member" is a member of a body (a board, committee, council, etc.) who is part of it by virtue of holding another office? Roberts is more wordy: Frequently, boards include ex- officio members — that is, persons who are members of the board by virtue of an office or committee chairmanship held in the society, or in the parent state or national society or federation or some allied group; or — sometimes in boards outside of organized societies — by virtue of a public office.3 Regarding "ex officio board members," Roberts also states that: In the executive board of a society, if the ex officio member of the board is 'The Law Dictionary, featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Edition. 'From Wikipedia, the free online encyclopedia. s Robert's Rules of Order Newly Revised Eleventh Edition ( "RONR (I Vh Ed.) "), p. 483. Bob MM:Documents:RJM Political:Liaisons Ordinances:Molloy's Ordinance 2:Liaison Memo.doc Mayor Porter and City Councilors 02 -12 -13 Page 3 of 4 under the authority of the society (that is, if he is a member, and employee, or an elected or appointed officer of the society), there is no distinction between him and the other board members. If the ex- officio member is not under the authority of the society, he has all the privileges of board membership, including the right to make motions and to vote, but none of the obligations —just, as in case, for example, where the governor of a state is ex officio a trustee of s private academy. In addition, Roberts states that: An office carries with it only the rights necessary for executing the duties of the office, and it does not deprive a member of the society of his rights as a member. If a person holds an office in a society of which he is not a member and the bylaws make that officer an ex- officio member of he board, the nonmember is thereby a full- fledged board member with all the accompanying rights; but this does not make him a member of the society. The rules affecting ex officio members of committees are the same as those applying to ex officio members of boards.6 A "consultant" is a person who gives professional advice or services to companies for a fee. A "consultant" is a professional who provides professional or expert advice in a particular area, and is usually an expert or a professional in a specific field who has a wide knowledge of the subject matter.$ A "consultant" typically is not a member of the board, commission or committee. Council members should not be "consultants," which term implies a duty of consultation to boards, commissions or committees. The term "consultants" should be deleted from the Code. It has always been my understanding that Council's intent and practice is that the "council liaisons" are not members of the body (not members of the boards, commissions or committees). In contrast, "ex officio members" are members of the boards, commissions or committees with all the same rights as regular members except that they "have no voting power" under the Code. The Council directed that a policy on "council liaisons" be drafted, but it came back to us as a draft policy on "ex officios" because of the Code's language; and that draft didn't really deal with "consultants." If "consultants" is deleted from the Code, then Council doesn't have to address that subject matter in a policy. Unlike an "ex officio member," a "liaison" doesn't have a right to vote unless it is taken away by Code, because a "liaison" is not an "ex officio," that is, not member of the body of the board, ° RONR (11th Ed.) "), p. 483. 5 RONR (11th Ed.) "), p. 448. 6 RONR (11'h Ed.y ), p. 497. 7 From Merriam - Webster Dictionary Online. 'From Wikipedia, the free online encyclopedia. Bob MM:Documents:RJM Political:Liaisons Ordinances:Molloy's Ordinance 2:Liaison Memo.doc Mayor Porter and City Councilors 02 -12 -13 Page 4 of 4 commission or committee to which he or she is a "liaison" from another body. However, the Council may still want either a new Code section or a policy on the role of "council liaisons" if this amendment to the Code passes. Since "bylaws" are not required for "liaisons," the "job description" for "Council Liaison" could be in a policy, as Council originally requested, either in a separate policy or included in the policy on boards, commissions or committees.9 This ordinance also clarifies current practice: - The Mayor and other Council Members may attend meetings of boards, commissions or committees when serving as an alternate for the council liaison, or in their capacity as elected officials. - City administrative staff, (not a council member), shall attend and supply staff support to all meetings of boards, commissions and committees. Your support of this ordinance is respectfully requested. 9A numbering system should also be developed and adopted for policies, because they are akin to regulations, and so that the policies can be tracked. Bob MM:Documents:RJM Political:Liaisons Ordinances:Molloy's Ordinance 2:Liaison Memo.doc