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8.
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| INTERNAL OPERATIONS COMMITTEE |
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| Information |
| Referral History: |
In 2011, the BOS approved Resolution Nos. 2011/497 and 2011/498. Resolution No. 2011/497 pertains to advisory bodies, and Resolution No. 2011/498 applies to independent bodies. A narrower set of policies is prescribed in Resolution No. 2011/498, as the bodies on that list are independent or partially independent from the Board of Supervisors.
These resolutions provide a much-needed reference on various policies for advisory and independent bodies, including the interview and appointments process. The Resolutions delineate the appointments process for District and At-Large seats. For advisory bodies, the resolution references key policies defined elsewhere, such as open meeting and ethics policies. Additionally, the resolution aggregates various reporting requirements, such as the Annual Report and Triennial Review. The policies outlined in these resolutions form the basis for key reference documents, such as the advisory body handbook. Maintaining accurate reference and governing documents is critical to transparency and public participation in County government.
Since adoption eight years ago, there have been changes in County policy that have affected the general policy guidance communicated in Resolution Nos. 2011/497 and 2011/498. Additionally, the lists of applicable bodies in both Resolution Nos. 2011/497 and 2011/498 have evolved, with a number of newly established bodies, and several that have been dissolved. In addition to conforming changes, staff suggests several policy changes intended to conform with, or improve upon, existing practice.
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| Referral Update: |
Advisory Bodies: Recommended Changes to the Resolution for Advisory Bodies
The list of applicable bodies has been changed to reflect bodies that have been newly created or discontinued since the adoption of Resolution Nos. 2011/497 and 2011/498. Staff also recommends cross-referencing other applicable board policies, where possible, particularly for Ethics, where many sources of rules apply. This will improve understanding of, and compliance with, board policies. Lastly, staff recommends posting of the Maddy Book online in lieu of distribution to the library’s main branch, and in addition to a public viewing copy on display at the Clerk of the Board office.
- List of Applicable Bodies: Updating the list of applicable bodies to account for newly created or dissolved bodies.
- Enhanced Section on Ethics: References existing board policies around ethics and conflict of interest to improve definitions and enforcement.
- Allow online posting of the Local Appointments List (Maddy Book): On or before December 31 of each year, Clerk of the Board prepares the Local Appointments List, which includes all boards, commissions, and committees that are appointed by the Board of Supervisors. Resolution No. 2011/497 specified that this list would be available at the Clerk of the Board or the main branch of the Library. Local Government Omnibus Act of 2017 changed the State law to allow local governments to either post a copy of the list on the county website or designate the public library with the largest service population to receive a copy of the list. This resolution would specify that the list was available on the County’s website or at the Clerk of the Board's office.
Additional Recommended Policy Changes for Further Discussion
Additional recommended policy changes in Resolution No. 2011/497 (advisory) include requiring all advisory bodies to post agendas online, and to change the appointments process for at-large seats to conform to current practice.
Online agenda posting for advisory bodies: All advisory bodies will be required to post agendas online, in addition to the physical posting requirements. The Brown Act web-posting requirements do not uniformly apply to advisory bodies, and staff would like to clarify that all advisory bodies must post agendas online.
Issues to be discussed:
- Should all advisory bodies be required to post agendas online 96 hours ahead of their meetings?
- Where should the agendas be posted: on their individual sites, on the Public Meetings Agenda Center, or are both options acceptable?
- When should this practice begin? Upon adoption or at a date certain, to allow lead time and training of county staff?
Changes to the At-Large appointment process for advisory bodies:
Under Resolution No. 2011/497, two appendices were included to indicate which advisory bodies interviewed their own candidates, and which advisory body interviews were conducted by a Board Standing Committee. In practice, however, the directions set forth in the appendices have been altered each year at the discretion of the Board Committees. Each Board Committee sets their Plan for those Scheduled Advisory Body Recruitments referred by the Board at the beginning of the calendar year. In 2019, the Schedule for Internal Operations was set under Referral 19/5, and each of the Board Committees sets its schedule using a similar procedure. The advisory body’s recommendation would continue to be reviewed by the Board Committee, which has the important role of making the nominations for all at-large seats to the Board of Supervisors.
Regardless of whether a Board Committee or another body conducts the interview, the nominations for all at-large seats on advisory bodies are still reviewed by a Board Standing Committee for recommendation to the full Board of Supervisors. Staff recommends clarifying this practice through resolution. The Board Standing Committees would continue to review all at-large nominations and conduct interviews at its discretion. Under the proposed policy, advisory bodies will generally be allowed to conduct their own interviews for at-large seats, unless provided other direction by a Board Committee.
Issues to be discussed:
- Would the Internal Operations Committee prefer to include appendices that indicate whether a Board Committee will conduct the interviews for at-large seats on a given committee, or should this process be set when the Standing Committee sets their annual interview schedule?
Independent Bodies: Recommended Changes to the Resolution for Independent Bodies
For the resolution pertaining to independent bodies, no substantive policy changes are recommended. Staff recommends only conforming the list of applicable bodies, and changing the Maddy Act posting to online, as allowed by state law.
At-Large appointment process for independent bodies:
For the independent bodies in Resolution 2011/498, appendices were included to indicate whether a Board Committee or the independent body conducted the interview for appointment. Under Resolution 2011/498, only two bodies are authorized to conduct their own interviews: the Affordable Housing Finance Committee and the Workforce Development Board. Staff recommends that the appointment process for at-large seats on independent bodies is reviewed.
Two main approaches exist. The first proposed approach allows the Board Standing Committees to conduct all interviews for at-large nominations for all independent bodies, unless otherwise specified or provided direction by a Board Committee. The Affordable Housing Finance Committee and Workforce Development Board could continue to conduct their own interviews if they are so specified in this proposed Resolution. The second approach would instead allow all independent bodies, or a designated screening committee, to conduct their own interviews unless they request the County to do so on their behalf. |
| Recommendation(s)/Next Step(s): |
- ACCEPT report regarding advisory and independent body policies;
- DISCUSS whether all advisory bodies be required to post agendas online 96 hours ahead of their meetings and provide direction on the following issues:
- Where should the agendas be posted: on their individual sites, on the Public Meetings Agenda Center, or are both options acceptable?
- When should this practice begin? Upon adoption or at a date certain, to allow lead time and training of county staff.
- DISCUSS whether to include appendices that indicate whether a Board Committee will conduct the interviews for at-large seats on a given committee, or if the process should be set when the Standing Committee sets its annual interview schedule.
- PROVIDE direction for the at-large appointments process for independent bodies, and clarify under which circumstances a Board Standing Committee should conduct interviews for at-large seats on independent bodies.
- DETERMINE whether to recommend changes to Resolution Nos. 2011/497 and 2011/498 to the full Board of Supervisors.
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| Fiscal Impact (if any): |
| Negligible costs may be associated with staff time required to post advisory body agendas online. |
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