103-Resolution 10-048.pdf
RESOLUTION NO. 10-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 07-129 AND AMENDING THE RESOLUTION
ESTABLISHING RULES GOVERNING RECRUITMENT, ATTENDANCE,
APPOINTMENTS, AND VACANCIES ON CITY ADVISORY BODIESTO CHANGE
THE MANDATORY WAITING PERIOD TO TWO YEARS BEFORE
COMMISSIONERS CAN APPLY FOR THE SAME COMMISSION OR
COMMITTEE
WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions
of office for advisory commissions; and
WHEREAS, there are within the City of Cupertino many citizens with talent,
expertise and experience who wish to serve the community; and
WHEREAS, the City Council believes it is important to provide these citizens the
opportunity to contribute to their community;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino rescinds Resolution No.02-064 and establishes the following rules governing
recruitment, appointment and reappointment to City of Cupertino Advisory bodies.
A.RECRUITMENT
1.Two months before regular terms expire, or immediately following receipt of
a resignation, the City Clerk distributes the vacancy notice as follows:
The Cupertino Scene
The Cupertino Courier
The World Journal
The Cupertino City Channel
City Hall bulletin board
The City Clerk’s Office
The Cupertino Library
The Cupertino Chamber of Commerce
Cupertino City Web site
Other organizations as appropriate with respect to the openings
All persons with applications on file for that particular commission
2.Two months before regular terms expire, the City Clerk’s Office also mails
the vacancy notice to the following individuals:
Students and graduates of Cupertino Emergency Response Training
Students or graduates of Leadership Cupertino
Neighborhood Block Leaders
Resolution No. 10-048Page 2
Individuals who have signed up for notification at the Cupertino Town
Hall meetings.
3.All vacancy notices and posting shall be done in accordance with the
provisions of the Maddy Act, California Government Code 54970.
Specifically, vacancy notices shall be posted for a minimum of 10 days.
4.Applications will be retained for a maximum of one year after Council review.
After that time, applicants shall submit a new application if they wish to
remain on the list for consideration.
5.Those persons with applications on file within one year of Council review are
advised of the vacancy by the City Clerk and may activate that application.
Upon receipt of the vacancy notice, the applicant must contact the City
Clerk’s Office and ask that the application be reactivated.
6.An applicant may file for a maximum of two commissions at any one
application period.
7.A member of an advisory body, having completed two consecutive terms,
must wait two years after the term would have normally endedbefore being
eligible to apply for the same commission or committee.
8.Application forms will be available in the City Clerk’s Office and will be
mailed upon request with information about the opening(s). Application forms
will also be available on the City’s Web site.
9.No application shall be accepted after the deadline.
10.When the final deadline has passed, the City Clerk’s Office will mail
applicants the date, time and location of the interviews along with sample
questions to consider.
11.The City Clerk’s Office will copy the applicants’ written material for Council
members. The written material will also be available for public review in the
City Clerk’s Office.
12.An applicant who is unable to attend the interview may submit a five-minute
video presentation in advance of the interview meeting. The tape will be
reviewed at the meeting. The video will be made by City staff at the
applicant’s request upon the approval of the City Clerk. The City will fund
these costs.
Resolution No. 10-048Page 3
B. INTERVIEWS AND APPOINTMENTS
1.When Council meets to conduct interviews, it is a public meeting subject to
the Brown Act and therefore open to the public. The candidates will be asked
by the City Clerk (either in person or by written instructions left in the waiting
area) to remain seated in thewaiting area until they are called in for the
interview. Candidates will also be asked to return to the waiting area until the
announcement of the vote, or to go home and contact the City Clerk’s Office
the next day regarding the results. However, all applicants and members of the
public have the option of remaining in the room for any or all of the meeting.
2.The order in which interviews are scheduled to take place will be determined
by a drawing of names. The City Clerk will do this in advance.
3.Interviews are informal and usually last 5-8 minutes. Council members are
looking for:
Familiarity with the subject
Decision-making ability
Commitment to the position for which they have applied
4.Appointments will be made following a vote in public. Ballots will be
distributed, and Council members will vote and sign the ballots. The City
Clerk will announce the votes.
5.All appointees will be provided with a Certificate of Appointment.
C. UNSCHEDULED VACANCIES AND ATTENDANCE
1.If a vacancy occurs for an unexpired term and interviews for appointment to
that advisory body have been conducted within the previous ninety days, the
unexpired term may be filled from those applications following the required
posting of the vacancy.
2.The notice of unscheduled vacancy shall be posted no earlier than 20 days
before nor later than 20 days after the vacancy occurs, and at least 10 working
days before appointment. The notice of unscheduled vacancy must be posted
in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino
Library, and in other places designated by the City Clerk.
3.A member shall be considered removed from an advisory body under the
following conditions.
A member misses more than three consecutive meetings
A membermisses more than 25% of the advisory body’s meetings in a
calendar year
Resolution No. 10-048Page 4
4.It is the responsibility of the advisory body’s staff liaison to notify the City
Clerk of a member’s attendance record to allow sufficient time to send a
warning notice if the member has missed three consecutive meetings or 25%
of the meetings, and to send a termination notice if the member has missed
morethree consecutive meetings or more than 25% of the meetings in a
calendar year.
5.A member who has been removed from an advisory body for inadequate
attendance may request a waiver of this provision by submitting a letter to the
City Council setting forth the reason for the absences and confirming future
availability.
D.GENERAL PROVISIONS
1.Term limit restrictions listed in this resolution do not apply to temporary
appointments for unexpired terms.
2.All provisions of this resolution shall apply unless otherwise decided by the
City Council on a case-by-case basis.
3.In the event that any provision of this resolution conflicts with the provisions
of any other ordinance or resolution governing a particular advisory body, the
provisions governing that advisory body shall prevail.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 16th day of March, 2010, by the following vote:
VoteMembers of the City Council
AYES:Wang, Wong, Chang, Mahoney, Santoro
NOES:None
ABSENT:None
ABSTAIN:None
ATTEST:APPROVED:
/s/ Kimberly Smith/s/ Kris Wang
___________________________________________
City ClerkMayor, City of Cupertino