City of Royal Oak, MI Chapter 12 Appointments to Advisory Boards, Commissions and Committees

[HISTORY: Adopted by the City Commission of the City of Royal Oak 1-10-1994 by Ord. No. 93-21; amended in its entirety 3-21-2016 by Ord. No. 2016-03. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Committees — See Ch. 39.

§ 12-1 Short title.

This chapter shall be known and may be cited as the "Appointment Ordinance."

§ 12-2 Statement of purpose.

This chapter distinguishes between those people whose terms have expired but who are still, by past custom and practice, serving actively on a board or commission, and those vacancies which are truly empty chairs because someone has dropped off a board or commission.

§ 12-3 High school student representation.

This chapter encourages high school student representation on City boards and committees so as to provide opportunities to students to serve the community, to participate in democratic government, to enhance input from students in governmental decisions that affect them, to create positive interaction between adult and student leaders of the community, and to give students an opportunity to gain valuable experience in the public sector decision-making process.

§ 12-4 Committee review of appointment process.

A rotating committee of three members of the City Commission shall be appointed in a timely manner to begin serving each January, May and September to review the appointment process.

§ 12-5 Terms of appointment.

[Amended 12-18-2017 by Ord. No. 2017-18]

A. Whenever possible, except for student appointments made under § 12-11 of this chapter, terms of appointment shall expire December 31 of the appropriate year.

B. Any City Commission member serving as a representative of the City Commission on an appointed board or commission is required to be a current member of the City Commission; the term of a City Commission representative shall correspond to the term of the City Commission.

C. City Commission representation on standing boards and committees shall be limited to two consecutive full two-year terms, unless the City Commission specifically finds by resolution that some special circumstance exists which supports the reappointment of the serving Commissioner.

D. An appointed board or commission member who ceases to reside in, own property in, own a business in, or be employed in the City of Royal Oak shall be replaced pursuant to § 12-9 unless the City Commission finds good cause for that member to remain on the board or commission.

§ 12-6 No appointments made after election and before first meeting.

The City Commission shall not make an appointment during the period of time between a biennial municipal election and the first meeting of newly elected Commissioners.

§ 12-7 Criteria for reappointment.

In deciding whether or not to recommend to the City Commission the reappointment of someone whose term has expired, the Committee shall consider the following:

A. Attendance at meetings.

B. Length of service.

C. Special expertise required by the board or commission, which can either come from outside experience in the field (i.e., planning) or from experience actually serving on the board or commission (i.e., zoning).

D. Recommendations from other members of the board or commission and/or City Commissioners.

E. The opportunity for allowing new people to serve on a board or commission.

§ 12-8 Procedure for reappointment.

If in the judgment of the Committee the board or commission member should be reappointed for another term, the following should occur:

A. The member shall be contacted to determine if he or she is interested in serving for another term. If he or she is interested, the Committee may recommend to the City Commission the member's name for reappointment.

B. If in the judgment of the Committee the member should not be reappointed, the City Commission shall be notified of this and shall receive a brief explanation as to why the member should not be reappointed.

C. The person shall be notified by the Committee, and the Committee shall then make a recommendation for the vacancy from applicants.

D. If the Commission concurs with the recommendations of the Committee for reappointments, these should be made as soon as possible and the appointees notified by personal letter.

E. All reappointments shall be made not later than 60 days after expiration of the term of the incumbent.

F. If the person is not interested in another term, the City Commission shall be notified and the position filled pursuant to § 12-9 of this chapter.

§ 12-9 Procedure for new appointments.

A. No person shall be appointed unless an application is on file with the City Clerk.

B. The Committee shall review applications on file.

C. If additional applications are needed, the Committee will seek additional applications from the general public.

D. The Committee shall review all applications and may interview applicants when necessary.

E. The Committee shall then make a recommendation to the City Commission for appointment.

F. Any member of the City Commission, at his or her discretion, may interview a person recommended for appointment prior to acting on the recommendation.

G. All new appointments shall be made not later than 60 days after expiration of the term of the incumbent, and appointees shall receive a letter notifying them of the appointment.

§ 12-10 Recommendation for appointment by Mayor or City Manager.

A. If the Mayor or City Manager does not intend to reappoint a person currently serving on a board or commission, both the City Commission and the person serving shall be notified two weeks prior to the time when a recommendation for a new appointee will be considered by the City Commission and provided the name of the recommended appointee.

B. Recommendation for new appointees shall be accompanied by a completed application.

C. Any member of the City Commission, at his or her discretion, may interview a person recommended as a new appointee by either the Mayor or City Manager.

§ 12-11 Student appointments.

A. Whenever possible, terms of appointments made under this section shall coincide with the academic school year of the student representative, expiring at the beginning of the following academic year of the student representative or by September 1, whichever is earlier. A student representative who graduates may continue to serve until the beginning of the next academic year or until September 1, whichever is earlier. Former student representatives are eligible for reappointment or to serve on other boards or committees.

B. Students appointed shall be Royal Oak residents and shall be attending high school at the time of their appointment.

C. Students seeking appointment under this chapter must submit a completed application form to the City Clerk. The form shall also be signed by the applicant's parent or legal guardian granting permission to seek appointment and to serve as a student representative under this chapter. The application shall be submitted to the City Clerk. The City Manager shall develop the application form.

D. The City Commission Appointment Committee shall review all applications and make recommendations to the entire City Commission.

E. Students appointed to City boards and commissions under this section shall serve as nonvoting members.

F. Each City board or commission with a student representative shall appoint an adult member to serve as a student liaison.

G. The City Manager shall appoint a student representative liaison to help coordinate this program at its inception.

H. The commission, at its sole discretion, may appoint a student representative to any City of Royal Oak board, commission, authority or committee. The commission may also elect to not appoint a student representative to some or all boards, commissions, authorities or committees.

§ 12-12 Exemption.

This chapter shall not apply to appointments of City employees to any board or commission. It is not intended to preclude service on more than one board or commission, nor is it intended to prevent reappointment to a board or commission after one year of nonmembership.

§ 12-13 Term limitation.

This chapter limits the number of terms for new appointments and for reappointments to three consecutive full terms, unless the City Commission specifically finds by resolution that there is not a qualified individual available to replace the member, or that some other special circumstance(s) exists which supports the reappointment of the serving member.

§ 12-14 Attendance and absences from meetings.

[Amended 10-23-2023 by Ord. No. 2023-09]

A. Attendance. The staff liaison of each appointed board, commission, or committee shall keep a roll of attendance for each member at each meeting which shall show a running total of meetings, attendance, and absences.

B. Absences and violations. If an appointed board, commission, or committee member misses two consecutive meetings or three meetings within one calendar year, the staff liaison shall inform the City Clerk of the absences, informing the Clerk of the specifics of the violation, including the policy and dates of meetings missed.

C. Notice of violation of attendance requirements. Upon receipt of meeting attendance at which a second consecutive or third calendar year absence has occurred, the City Clerk shall provide written notice via email communication and United States Postal Service mailing to the appointed board, commission, or committee member informing them of the specifics of the violation, including the policy, dates of meetings missed and the right to provide an explanation to the Appointments Committee. The notice shall be sent to the member in violation within five business days of the City Clerk receiving the notification from the staff liaison. The City Clerk shall provide a copy of the written notice to the Appointments Committee for their review and consideration.

D. Response. The appointed board, commission, or committee member provided notice pursuant to this section shall have 15 business days to return to the City Clerk an explanation of their absences. This explanation shall be transmitted to the Appointments Committee for their review and consideration. If the appointed board, commission, or committee member does not provide an explanation of their absences, then the board, commission or committee position shall be automatically vacated and filled pursuant to § 12-9.

E. Removal and hearing.

(1) If the appointed board, commission, or committee member provides an explanation of their absences, then the Appointments Committee shall review the specifics of the violation notice and the explanation by the member in violation of this section.

(2) If the Appointments Committee does not take any action within 15 business days of receipt of a notice of violation the board, commission or committee position shall be automatically vacated and filled pursuant to § 12-9.

(3) If the Appointments Committee reviews the explanation and determines that good cause exists to excuse the absences, the Appointments Committee may provide such determination to the Clerk, and the appointed board, commission, or committee member shall be deemed to remain in good standing and retain their appointed position.

(4) If the Appointments Committee decides to conduct a hearing on the explanation provided, it is required to schedule and conduct the hearing at its next meeting or at a mutually agreeable time and place.

(5) If the Appointments Committee determines that good cause exists to excuse the absences, the Appointments Committee shall also determine whether or not the prior excused absences shall be counted as absences for purposes of violation of this section for further absences in the calendar year under this section.

(6) The Appointments Committee retains the right to establish reasonable rules of procedure governing the hearing through resolution.

F. Prior notice. Should an appointed board, commission, or committee member be aware of a situation in which they would be unable to attend meetings due to unique circumstances beyond their control that would trigger a violation of this section, the appointed member may submit written notice to their staff liaison and the city clerk detailing the reason for the anticipated violation of this section. The City Clerk shall transmit such written notice to the Appointments Committee for their review and determination as to whether or not good cause exists to excuse the anticipated absences of the member. If the Appointments Committee determines that good cause does not exist, then the provisions of this section shall apply.

G. Removal for felony or serious crime. If an appointed board, commission, or committee member is convicted of a felony or any other serious crime while serving as a member, the position shall be automatically vacated by law and filled pursuant to § 12-9.

H. Exceptions. If a state statute or separate City ordinance regulates the removal of members of an appointed board, commission, or committee, then that state statute or separate City ordinance shall govern.