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Home My WebLink AboutR-2013-024 Planning Commission Elected Officer Terms AmendmentRESOLUTION NO. R- 2013 -024 A RESOLUTION approving amendment to Bylaws of the Yakima Planning Commission pertaining to terms of office for elected officers. WHEREAS, the City of Yakima (City) has created a Planning Commission pursuant to authority granted by Chapter 35.63 RCW, and by ordinances establishing such commission as set forth in Chapter 1.42 of the Yakima Municipal Code; and WHEREAS, the Planning Commission has adopted Bylaws governing the organization and procedures of the commission, which Bylaws have been approved pursuant to Resolution No 2011 -065 adopted by the City Council on May 3, 2011; and WHEREAS, the Planning Commission has by motion on February 12, 2013 approved an amendment of Section I(D) of such Bylaws eliminating the restriction that no one person may serve more than two consecutive one -year terms as Chair, and thereby specifying that the election of Chair will occur annually and that no term limits will apply; and WHEREAS, the Planning Commission recommends that the City Council approve such amendment as set forth herein and below; and WHEREAS, the City Council accepts the recommendation of the Planning Commission and finds that approval of such amendment to the Planning Commission Bylaws as set forth in Exhibit "A" attached hereto is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. That Section I(D) of the Planning Commission Bylaws is hereby amended to read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and 2. Except as amended herein, the Bylaws of the Planning Commission shall remain unchanged and in full force and effect. ADOPTED BY THE CITY COUNCIL this 19th day of February, 2013. v��r�rf.r ,may' ,a 2 ATTEST: « *� Micah Cawley, /Mayor City Clerk EXHIBIT "A" Section I(D) of the Bylaws of the Planning Commission, which Section is entitled "Composition of the Commission, Terms, Officers and Staff," is hereby amended to read as follows. D. The Commission will, by majority vote, elect a Chair and a Vice Chair at the first meeting of each year who will serve throughout that year. The Chair: 1. Decides all points of order and procedural matters subject to rules and bylaws. 2. May appoint committees as necessary to investigate and report on matters before the Commission. In cases where the Chair is absent the Vice Chair will serve in their place and will have the same powers and duties. 2 EXHIBIT "A" Changes shown in legislative format Section I(D) of the Bylaws of the Planning Commission, which Section is entitled "Composition of the Commission, Terms, Officers and Staff," is hereby amended to read as follows: D. The Commission will, by majority vote, elect a Chair and a Vice Chair at the first meeting of each year who will serve throughout that year The Chair MA come no mare than tWG nanseni Live „eaFs. The Chair: 1 Decides all points of order and procedural matters subject to rules and bylaws. 2. May appoint committees as necessary to investigate and report on matters before the Commission. In cases where the Chair is absent the Vice Chair will serve in their place and will have the same powers and duties. 3 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S r[ For Meeting of: February 19, 2013 ITEM TITLE: Resolution approving amendment of Planning Commission Bylaws pertaining to terms of office for officers of the Planning Commission. SUBMITTED BY: Steve Osguthorpe, AICP, Director of Community Development CONTACT Mark Kunkler, Senior Assistant City Attorney /575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: Current provisions of the Planning Commission Bylaws provide that the offices of Chair and Vice Chair shall be elected annually, but that no person may serve as Chair for more than two consecutive terms. The Planning Commission has by motion adopted an amendment to Section I(D) of the Bylaws eliminating the limitation of two consecutive terms for the office of Chair. The Planning Commission recommends approval of the amendment by the City Council, and has found that retention of the existing procedure requiring annual election of officers provides sufficient opportunity for other members of the commission to serve as Chair, and that the two -year term limit presents an unnecessary barrier to continuity of the business and procedures of the commission. The attached Resolution amends Section I(D) of the Planning Commission Bylaws to eliminate the two -term limitation for service as Chair. Resolution X Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution approving amendment to Planning Commission Bylaws. BOARD /COMMISSION RECOMMENDATION: The Planning Commission on February 12, 2013 adopted a motion approving the recommended amendment to the Bylaws. ATTACHMENTS: Click to download ❑ Resolution - Planning Commission AMEND BYLAWS Feb 19 2013 ❑ Memo Planning Commission Bylaws Term of Office Jan 31 2013 0 • CITY OF YAKIMA LEGAL MEMORANDUM February 14, 2013 TO- Planning Commission Steve Osguthorpe, AICP, Director, Community Development Department FROM Mark Kunkler, Senior Assistant City Attorney SUBJECT Terms of Office — Planning Commission Chair and Vice Chair A. The Issue. On March 9, 2011, the City of Yakima Planning Commission adopted Bylaws stating procedures for composition of the commission, election of Chair and Vice Chair, and procedures for the conduct of meetings and commission business. The Bylaws were approved by the City Council pursuant to Resolution No 2011 -065 on May 3, 2011 Section I(D) of the Bylaws describes the election of Chair and Vice Chair as follows. The Commission will, by majority vote, elect a Chair and a Vice Chair at the first meeting of each year who will serve throughout that year The Chair' will serve no more than two consecutive years. The Chair- 1 Decides all points of order and procedural matters subject to rules and bylaws. 2. May appoint committees as necessary to investigate and report on matters before the Commission In cases where the Chair is absent the Vice Chair will serve in their place and will have the same powers and duties. ' Of note, the "term limit" provision applies only to the office of "Chair" There is no stated limit of consecutive terms for any person serving as Vice Chair Memorandum to Planning Commission — Terms of Office February 14, 2013 Page 2 A question has been presented regarding the "term limit" language that limits the service of any one person as Chair to "no more than two consecutive years " May this section be amended to alter or eliminate the "term limit" provision limiting service of any one person as Chair to two consecutive years? B. The Answer. The answer is, yes, the Bylaw provision may be so amended Chapter 1 42 YMC sets forth the city code provisions governing the Planning Commission The chapter is silent as to the terms of office of Chair and Vice Chair Instead, YMC 1 42 020 provides 1.42.020 Organization and procedures. The commission shall perform its duties and functions as the planning commission of the city of Yakima under the provisions and procedures of RCW Chapter 35 63 RCW 35 63 040 provides RCW 36.63.040. Commissions -- Organization -- Meeting - -Rules The commission shall elect its own chair and create and fill such other offices as it may determine it requires The commission shall hold at least one regular meeting in each month for not less than nine months in each year It shall adopt rules for transaction of business and shall keep a written record of its meetings, resolutions, transactions, findings and determinations which record shall be a public record (Emphasis added ) Thus, under the provisions of existing Chapter 1 42 YMC, the Planning Commission has the authority to define the terms of office of its elected Chair and Vice Chair per RCW 35 63 040 There is nothing in the state statute or city code mandating any particular term or "term limits" for the Planning Commission offices of Chair and Vice Chair C. Possible Amendments. Because there is no limiting language in either state law or city code, there is a wide range of possible options The ultimate choice of amendment is vested in the Planning Commission and City Council With that said, here are some options Memorandum to Planning Commission — Terms of Office February 14, 2013 Page 3 (a) City Council Model Pursuant to RCW 35 18 190, the Mayor is elected biannually from among the City Council members. The election takes place at the first council meeting of the year (every two years) The office of "mayor pro tem" or Assistant Mayor does not carry any specific term of office under state statute (RCW 35 18.210), nor under city code (YMC 1.24 010), but in practice the term of this office corresponds to the two -year term of Mayor There are no "term limits" for either the Mayor or Assistant Mayor Thus the "City Council Model' would be election of a Planning Commission Chair and Vice Chair to serve two -year terms. There would be no limit on the number of consecutive terms served by any one person (b) One -Year Term, No Term Limits. This option would keep the current one -year term for Chair and Vice Chair, but eliminate the term limit provision for Chair (c) Keep Term Limits, but Lengthen Term Under this option, the term of Chair and Vice Chair could be set at two years, three years, or other term The "term limit" language could be retained limiting to two consecutive terms. These are not the only options. Ultimately the Planning Commission and City Council should adopt the provision regulating terms of office that best meet the needs of the Commission and community D. Pathways to Amendment. There are two "paths" to amendment: (a) adoption of the amended Bylaws by the Planning Commission, with subsequent approval by the City Council; or (b) amendment of Chapter 1 42 YMC by the City Council to state the terms of the offices of Chair and Vice Chair, and conforming the Bylaws to match Typically, the recommended amendment is discussed and adopted by the Planning Commission, and then referred to the City Council for approval A majority vote of the Planning Commission and City Council would accomplish these actions. While not required under the above scenario, the City Council retains authority to amend Chapter 1 42 to state provisions regarding terms of Chair and Vice Chair for the Planning Commission. In the event such amendment is made legislatively, the Bylaws would be amended to conform Memorandum to Planning Commission — Terms of Office February 14, 2013 Page 4 E. In the Interim.... In the interim, until final adoption and approval of any amended Bylaw provisions dealing with terms of office, I see the following: (a) Use existing Bylaw provision to elect new officers to the one -year terms (until the first meeting of 2014), and either continue to discuss Bylaw amendment, or leave the Bylaws as is. (b) If an amendment to the term provisions of the Bylaws is desired, the Planning Commission may discuss the proposed amendment and take action on any agreed amendment option The recommended amendment would then be presented for approval by the City Council The current officers can serve until their successors are elected and approved