Loading...
HomeMy WebLinkAbout2008-01-22 - AGENDA REPORTS - FAAP BYLAWS (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: January 22, 2008 Darren Hernandez ADOPTION OF FINANCIAL ACCOUNTABILITY AND AUDIT PANEL BYLAWS Administrative Services RECOMMENDED ACTION City Council review and adopt the Citizen's Financial Accountability and Audit Panel Bylaws. BACKGROUND On May 22, 2007, the City Council adopted Resolution 07-31 establishing a Citizen's Financial Accountability and Audit Panel for the Open Space Preservation District. The proposed bylaws define the Panel's parliamentary authority, schedule of meetings, membership, authority, officers, conduct of meetings, and conflict of interest code disclosure requirements. ALTERNATIVE ACTIONS Other direction as determined by the City Council. FISCAL IMPACT None by this action. ATTACHMENTS Financial Accountability and Audit Panel Bylaws A' P' OVED SANTA CLARITA OPEN SPACE PRESERVATION DISTRICT FINANCIAL ACCOUNTABILITY AND AUDIT PANEL BYLAWS PREAMBLE Whereas, property owners within the City of Santa Clarita approved the creation of the Santa Clarita Open Space Preservation District; and Whereas, the Santa Clarita City Council adopted Resolution No. 07-31 in which it declared that a Citizens' Financial Accountability and Audit Panel ("FAAP") shall make recommendations to the City Council; and Whereas, Robert's Rules of Order, Newly Revised provides for the orderly conduct of business for the adoption of Bylaws to establish those procedures and standing rules that are not addressed in Robert's Rules of Order, Newly Revised. Now therefore, the Santa Clarita City Council adopts the following Bylaws for the Financial Accountability and Audit Panel of the Santa Clarita Open Space Preservation District: ARTICLE I PARLIAMENTARY AUTHORITY Section 1. The rules contained in the current edition of Robert's Rules of Order, Newly Revised shall govern the procedures of the FAAP to the extent not inconsistent with these Bylaws, the Ralph M. Brown Act, or other state law. ARTICLE II SCHEDULE OF MEETINGS Section 1. By the adoption of these Bylaws by the City of Santa Clarita City Council, the Financial Accountability and Audit Panel is deemed established for purposes of conducting its business pertinent to the Santa Clarita Open Space Preservation District. Section 2. The FAAP shall meet at least once annually for the established 30 years after its establishment, or until acquisition funds are exhausted, whichever comes first. ARTICLE III MEMBERSHIP OF THE FAAP Section 1. Appointment The Financial Accountability and Audit Panel shall be comprised, of five (5) members appointed by, and serving at the pleasure of, the City Council. Section 2. Qualifications for Appointment (a) No member shall have a conflict of interest as provided by the Political Reform Act and the regulations of the Fair Political Practices Commission. (b) All members of the FAAP shall be residents of the City of Santa Clarita, (c) Any member serving a term that occurs while the FAAP meets on an annual basis shall, in good faith, be willing and able to commit to attend a minimum of one (1) meeting per year. Section 3. Term Each FAAP member's term is to be concurrent with the term of the nominating Councilmember. FAAP members shall serve at the pleasure'of the City Council. Section 4. Replacement of Member in the Event of Interim Vacancy (a) If an interim vacancy on the FAAP should occur during a term, the process for filling that particular vacancy shall follow the same process as set forth for regular appointments as described in Article III, Section 1, and the appropriate Councilmember will nominate the replacement member. (b) The replacement member will serve on the FAAP for the remaining portion of the term but will at all times be subject to removal at the discretion of the City Council as set forth in Article III, Section 3. ARTICLE IV AUTHORITY OF THE FAAP Section 1. Role and Authority of the FAAP The role of the FAAP is to: (a), Review and recommend approval of the annual work program to City Council to ensure land acquisition priorities are adhered to. 2 (b) Review the accounting of the funds generated by the Open Space Preservation District. (c) Work in conjunction with the City's independent auditor to ensure that the Preservation District funds were spent properly and that good fiscal management of the funds is occurring. (d) Make determinations as to whether the expenditures are consistent with the criteria and the requirements established in the Engineer's Report, attached hereto as Exhibit A. (e) Approve an annual written report for the public, summarizing items a -d above. The FAAP is not responsible for the selection of land to be acquired by the City; rather, prospective land acquisition is the responsibility and authority of the City Council as provided by law. Section 2. Information Provided to the FAAP The FAAP will have the same rights and limitations as a member of the City Council when requesting access to information it deems necessary to carry out its role. Unauthorized release or disclosure of any confidential information received by any member of the FAAP shall constitute good cause for removal of such member, as well as subject such member to criminal and other legal sanctions as provided by state law. Section 3. Legal Capacity of the FAAP (a) The FAAP is established to ensure that funds were expended, as intended and used for acquisitions within the Open Space Preservation District area by performing the activities set forth in Article IV, Section 1, Role and Authority of the FAAP. (b) The FAAP may request the advice of staff from the City of Santa Clarita with respect to any aspect of the FAAP's work. (c) The FAAP has no independent legal capacity apart from the City of Santa Clarita. It may not sue or be sued, nor shall it take any action not expressly authorized by these Bylaws. I ARTICLE V OFFICERS Section 1. Election of Chairperson and Vice -Chairperson ("Officers") (a) The FAAP shall elect from among its members a Chairperson who will preside over the meeting(s) and a Vice -Chairperson who will preside over subsequent FAAP meetings in the absence of the FAAP Chairperson. 3 (b) In the event the Chairperson and Vice -Chairperson are absent from the same meeting, the majority of the sitting members present may elect a temporary Chairperson to preside over that particular meeting only. The duly elected Chairperson and Vice - Chairperson will resume their positions at any subsequent meetings thereafter. Section 2. Term of Officers (a) Officers shall serve a term of one year, and shall each hold his or her office until he or she shall resign or shall be removed or otherwise disqualified to serve, or until his or her successor shall be elected. (b) Election of officers shall be held at the first meeting of the FAAP and then annually at the first meeting of each calendar year. Section 3. Duty of Officers The Chairperson, or in his or her absence the Vice -Chairperson, shall preside at all meetings of the FAAP and shall authenticate the actions thereof. ARTICLE VI AUTHORITY OF INDIVIDUAL FAAP MEMBERS Section 1. FAAP Acts as a Whole The FAAP shall act only through the actions taken by a majority of the members present at a meeting, a quorum being present. Section 2. Role of Individual FAAP Members All FAAP members shall have the right to participate in discussion and vote on matters for the transaction of business as set forth in Article IV. . ARTICLE VII AMENDMENTS TO BY-LAWS Section 1. These Bylaws may be repealed, amended, or modified by the Santa Clarita City Council. ARTICLE VIII CONDUCT OF MEETINGS Section 1. Quorum N 11 A majority of the FAAP shall constitute a quorum for the transaction of business. An affirmative vote of a quorum shall constitute an action of the FAAP. Section 2. Public Meetings (a) All FAAP meetings are subject to the Ralph M. Brown Act and Roberts Rules of Order, Newly Revised, these Bylaws and any special rules or order that the FAAP may adopt as set forth in Article I. (b) Notices and agendas regarding the FAAP shall be posted in accordance with the Ralph M. Brown Act. (c) Minutes of the proceedings of the FAAP and all documents received and reports issued shall be governed by the California Public Records Act (Government Code Section 6500 et seq.). Public records shall be made available by request to the City Clerk's Office. (d) Special FAAP meetings shall commence at a time and location scheduled by the FAAP Chairperson in consultation with the Deputy City Manager and Director of Administrative Services of the City of Santa Clarita. (e) The agenda for all regular and special meetings shall be set by the Deputy City Manager and Director of Administrative Services in consultation with the Chairperson. (f) The Deputy City Manager and Director of Administrative Services shall provide to each member a copy of these Bylaws, the Robert's Rules of Order, Newly Revised, and the Ralph M. Brown Act, and shall act as the advisor to the Chairperson on any aspect of parliamentary procedure. ARTICLE IX CONFLICT OF INTEREST CODE DISCLOSURE REQUIREMENTS Section 1. All FAAP members are required to meet the Conflict of Interest Code Disclosure Requirements. The City Council of the City of Santa Clarita has adopted a Conflict of Interest Code which requires certain officials and designated employee positions to annually file a Statement of Economic Interest (Form 700) disclosing their personal financial interests. The members of the Financial Accountability and Audit Panel are ineluded in this requirement. 5