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HomeMy WebLinkAbout11/5/2008 - STAFF REPORTS - 5.B. OF p A I.M SpA ti '2 c 11 N ♦ c Y c9trFOR�'kV, CITY COUNCIL STAFF REPORT DATE: NOVEMBER 5, 2008 NEW BUSINESS SUBJECT: APPOINTMENT TO THE PERSONNEL BOARD FOR THE UNEXPIRED TERM ENDING JUNE 30, 2011. FROM: David H. Ready, City Manager BY: James Thompson, City Clerk SUMMARY The City Council will consider a onetime waiver of the procedural rule adopted in 1983, that provides the City Council not approve appointment of any person to serve concurrently on more than one board or commission, and consider the appointment of Bernard A. Sherwyn to the Personnel Board. RECOMMENDATION- 1. Waive the requirements of §6 of Resolution No. 14547 for a onetime appointment to the Personnel Board. 2, Appoint Bernard Sherwyn to the Personnel Board [City Council Appointment] for the unexpired term ending June 20, 2011. STAFF ANALYSIS: The Personnel Board currently has two vacancies, one appointee selected by the City Council and one appointee selected by the four members of the Personnel Board. Bernard Sherwyn has been a longtime volunteer and appointee, member of the City's Administrative Appeals Board, term ending June 30, 2009, and expressed interest in serving on the Personnel Board. The City Clerk has not received interest from any other individual to the vacancy on the Personnel Board. As both the Administrative Appeals Board and the Personnel Board only meet on an "as needed" basis, and the jurisdiction of the two boards would never intersect, staff is � t�a�fz�ag A"dZD r-T)CJN A4L City Council Staff Report November 5, 2008 -- Page 2 Personnel Board Appointment recommending that the City Council consider a onetime waiver of its 1983 policy not to appoint a person to more than one Commission or Board. Such action would leave the Administrative Appeals Board with needed expertise should an appeal arise, and provide to fill the immediate gap on the Personnel Board with an otherwise qualified and dedicated individual community member. FISCAL IMPACT: None. ES THOMPSON, CITY CLERK DAVID H. READY�GITA'f�AGER RESOLUTION NO. 14547 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING REQUISITES FOR CONSIDERA- TION OF APPOINTMENTS TO CITY BOARDS AND COMMISSIONS, AND PROCEDURES FOR MAILING APPOINTMENTS THERETO. BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF PALM SPRINGS, as follows: Section 1. Any person desiring to he considered for appoint- ment to any city board or commission, including the Convention and Visitors' ksureau Board, except in- cumbent board or commission members, may make that fact known to the City Council by providing name, address, telephone number, the appointment desired, . and any other pertinent facts to the City Clerk who shall, in turn, provide such information to the Mayor and each member of the City Council. Nothing stated herein shall preclude or limit, the authority of the Mayor, with the approval of the City Council, to appoint to such boards or commissions persons who have not provided such information through the City Clerk. Section 2. All appointees shall be bona fide residents and registered voters of the City of Palm Springs and shall comply with appropriate provisions of law relative to disclosure of financial interests_ Section 3_ Pursuant to Government Code Section 54972, the City Clerk is hereby directed to prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body, which shall contain the information required in said section; further all efforts will be made to provide public information relative to vacancies prior to such appointment. Section A_ This policy shall apply to boards and commissions established by ordinance of the City Council; and, insofar as is possible, it shall be followed in appointments to other such temporary advisory boards and committees that are otherwise established. The Mayor and City Council may, however, in making such appointments to temporary advisory boards and committees depart from these guidelines. Nothing stated in this resolution is intended to diminish or derogate the prerogatives of the Mayor or of the City Council pertaining to appointments, as contained in Government Code Section 40605_ Section 5. It shall be the policy of the City Council not to appoint or approve appointment of any person to a board or commission which is created by any ordinance of the City Council who would have continually recurring conflicts of interest to the extent of impairing effectiveness as a Commissioner. Section 6_ It shall be the policy of the City Council not to approve appointment of any person to serve con- currently on more than one board or commission created by ordinance of the City Council. Section 7. It shall be the policy of the City Council that the following hasio procedures shall apply in making appointments to boards and commissions created by ordinance of the City Council: Res. No, 14547 Page 2. a. Names, addresses and telephone numbers of per- sons interested in appointment, as stated in Section 1, shall be received by the City clerk, who shall maintain a list of such persons and distribute such information to the Mayor and members of the City Council. b. The Mayor., from time to time, shall appoint committees, each consisting of two members of the City Council, to interview selected applicants for a particular board or commission, and to recommend to the Mayor finalists to he considered for appointment. C. The Mayor or any member of the City Council may suggest to any member of any such committee, persons to consider for appointment, whether or not such person shall have provided information to the City Clerk as referred to in Section 1. d. Any member of any such committee may consult with the Mayor to discuss tentative results of inter- views or to determine the Mayor's views concerning any aspect of the appointment process. e. Prior to making its recommendation to the Mayer, each committee may invite the chairperson (or designee) of the appropriate board or commission to participate in the committee's selection process in a non--voting capacity. f. At a regular meeting of the City Council, members of the committee should normally move and second suggested appointments to their particular board or commission. g. The City Council, as a whole, may choose to inter- view finalists, or in-lieu of a committee, may choose to conduct the interview process. h. Government Code Section 54974 provides that when- ever an unscheduled vacancy occurs, a special vacancy notice shall be posted in the office of the City Clerk, and as may otherwise be directed by the City Council, within 20 days after the vacancy occurs; and that final appointment to fill such vacancy shall not be made for at least 10 working days after such posting. Notwithstanding such provisions, the Mayor and City Council shall endeavor to fill vacancies on City boards and commissions within 45 days from the date the vacancy occurs. Section 8. Resolutions 13081, 13161 and 13571 are hereby rescinded. ADOPTED this 6th day of April AYES; Councilmembers Doyle, Faster, Maryanov, Ortner and Mayor Bogert NOES. None ASSENT.None ATTE5 - CIT'K OF P SPRINGS, CALIFORNIA ti B _�.z'�^ctr�)l��y City Clerk City Manager REVIEWED & APPROVED BERNARD A. SHEE�RWYN ,yY•G�rec�-u•�,Zrrmr 777 EAST TAHQOITZ CANYON WAY SUITE 200-165 PALM SrRIN GS,CA 92262 PHONE(760)831.4037 FA4(760)416-7551 6n1CIWYIICsgA ao1.cam CURRICULUM VITAE Education: Bachelor of Arts, California State University Northridge. Doctorate of Law, University of Glendale, College of Law - 1979. License Status: Active Status: 1979 to present—Member State Bar of California. Admitted to practice law in all the Courts of the State of California and Federal US District Court, US Bankruptcy Court. Law Practice: 1979 to Present: Sole practitioner or named partner in law firms in Los Angeles, Beverly Hills, Santa Barbara and Palm Springs. Areas of Practice: Real Estate, corporate and business law, family law, divorce, domestic partnership related issues and termination, prenuptial agreements, estate planning, living trusts, wills,probate and legal aspects of surrogate parenting and the new reproductive technologies. Special Accomplishments in Law: Numerous published law review articles and other scholarly articles, main speaker at numerous seminars, founding director and officer of educational non-profit foundation, invited expert witness at numerous federal and state governmental hearings. Television interviews including appearance on "60 Minutes", cited and quoted in books and pioneering court riling. (See below for detail.) Real Estate Activities: 1999 ro Prescnr—Licensed Real Estate Broker. Prior affiliation with Pitts and Bachman Realty, Coldwell Banker Eadie Adams Realty and Coldwell Banker Residential Brokerage. Special Accomplishments in Real Estate: Special commendation from President and CEO of NRT, Incorporated(Parent company of national franchise of Coldwell Banker Residential Brokerage): Sales ranking within the top 1,000 agents out of 64,000 agents in the U.S.A. Repeated Multi-Million Dollar Sales designation and Top Dollar Sales ranking. Public Service: Judge Pro Tem: County of Los Angcics and Santa Barbara through out 1990's. Court Appointed Arbitrator: County of Los Angeles, County of Ventura and County of Santa Barbara through out 1990s. 2003 to Present: Member of City of Palm Springs Administrative BERNARD A. SHEEppRWYN �Llar.�r.��rrL.,Taarr Curriculum Vitae Page 2 Appeals Board. Social Information: Born in Los Angeles, California. Life long resident of Southern California. Marital Status: Married 22 years.Residing in the City of Palm Springs since 2002. Detafl-Special Legal Accomplishments and Scholarly Articles in Print: 1977-78 Law Review Case Note: Sherwyn, Psychiatry-The Psychotherapist as a Double Agent, 2 Glendale L.R., 181 (1977-78). 1978 Law Review Editor Staff: Glendale Law Review. 1981 Named partner of the Law Offices of Sherwyn & Handel, the first law firm in the Western United States and one of the first three law firms in the country (world) to practice in the area of Surrogate Parenting and the practical and Constitutional aspects of the new reproductive technologies. Researched and designed a global program to provide Surrogate Parenting services for couples incapable of procreation between themselves. Provided, representation, contracts drafting, administration, Surrogate Mother location,psychological and medical screening and coordination and adoption services for Surrogate Mother program participants. 1981 Founding director and officer: Surrogate Parent Foundation, Inc., a non-profit foundation. Established to gather and disseminate current and accurate information on various aspects of Surrogate Parenting. 1981 Main Speaker: Symposium on Surrogate Parenting,November 7, 1981,Whittier Law School. 1981 1160 Minutes" Interview and broadcast- Surrogate Parenting Law Practice,Psychological Screening, Medical Screening and Interrelationship of Participants. 1982 Article for Trial Magazine, a National Legal Periodical: Handel& Sberwyn, Surrogate Parenting, 18 Trial 57 (4/87). BER,N�/ARD A. SHEE�pRRWYN �v�L�o2nw•r4 ec�lmut Curriculum / Vitae Page 3 1982 Drafted Legislative Bill: Legislative Bill dealing with Surrogate Parenting, California State Assembly Bill AB3771 (Assemblyman Roos). 1982 Testified: State of Alaska, legislative hearings on Surrogate Parenting bill.Traveled at State's expense to speak at legislative hearings in Alaska. 1983 Testified: By invitation of State of California at hearings on Governor's Commission on Personal Privacy. 1984 Main Speaker: Whittier Law School, Health Law Symposium. 1984 Law Review Article: Sherwyn, Attorney Duties in the Area of New Re reductive Technologies, G Whittier L.R. 799, (1984). 1987 Cited in Trial Court Decision: Trial court decision in the "Baby M" case, New Jersey Superior Court in Bergen County Honorable Harvey R. Sorkow, Judge,Dailv Journal Report,March 10, 1987,No. 87-5, PA. The first case in the United States dealing with any aspects of Surrogate Parenting. 1987 Interviewed: "ABC News", March 31, 1987,interviewed and broadcasted by ABC News regarding "Baby M" decision and issues. (Rcvoca Nuvcm bvr 1,�uUtl) 5.13. APPOINTMENT TO THE PERSONNEL BOARD FOR THE TERM ENDING JUNE 30, 2011: RECOMMENDATION: 1) Waive Section 6 of Resolution No. 14547 for a onetime appointment to the Personnel Board for the term ending June 30, 2011; and 2) Appoint a member to the Personnel Board, Council appointment, for the unexpired term ending June 20, 2011. MATERIALS TO FOLLOW Item No. 5 . B .