City Council Minutes 2009 05 05 - Laserfiche WebLink

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City Council Meeting Minutes May 5, 2009 Page 6 of 12 and grounds for removal, a procedure to follow if any person believes there is cause to seek removal of a member and to help prevent or effectively resolve situations where such action might be necessary. He outlined the procedures outlined in the proposed resolution. A. Any person who believes there is cause to remove a member of a City board or commission shall present evidence of such cause to the City Manager. B. The City Manager shall review the evidence and conduct additional investigations. If the City Manager determines there is sufficient evidence supporting further action he shall contact the board or commission member in question, outline the allegation and provide the member with an opportunity to respond. After considering all information received, the City Manager shall make a determination as to whether removal or other action is warranted. C. If there are grounds for removal, the City Manager shall present a proposed resolution for removal to the City Council for its consideration and action. The member shall be provided written notice of the grounds, the time and place of the City Council's consideration, at which time the member may address the City Council. Removal of a member shall require the affirmative vote of a majority of the entire City Council. D. The City Manager may appoint a designee to perform the Manager's duties set forth in this Section. COUNCIL COMMENT Councilor Muckle voiced his concern over a punitive resolution for board and commission members. He suggested the bylaws of the boards and commissions be reviewed first. He preferred to address this matter board by board. City Attorney Light explained the Home Rule Charter serves as an overlay for all the boards and commissions. The Charter, as adopted in 2001 stipulates removal of any board or commission member requires a vote of the majority of the Council and the removal of a member shall be only for cause as stipulated by the resolution. He noted some of the boards and commissions are created by resolution, some by ordinance and others by non-profit articles of incorporation. Most boards and commissions have bylaws. Councilor Dalton and Mayor Pro Tem Marsella supported the resolution. Councilor Muckle did not support one size fits all resolution and asked if all the bylaws have been reviewed. City Manager Fleming explained the City does have copies of all the bylaws for the boards and commissions. A follow-up to the resolution would be to review each board and commission bylaws to ensure they are consistent with the Charter, but still maintain their individual uniqueness.