2013 Issue 2, Charter (Appointments)

2013 Issue 2, Charter (Appointments)

I.          Summary

Issue 2.  Cuyahoga County Charter Amendment.  Proposed to extend the time when County Council can act on appointments by the Executive from 30 to 60 days and to provide a system for temporary or interim appointments by the Executive when a vacancy occurs.

II.        Ballot Language

ISSUE 2: Shall Article II, Section 2.03(2) Powers and Duties of the Charter of the County of Cuyahoga be amended to extend the term during which Council may act on Executive appointments, and add an interim appointment provision?

2  PROPOSED CHARTER AMENDMENT CUYAHOGA COUNTY

A majority affirmative vote is necessary for passage

Shall Article II, Section 2.03(2) Powers and Duties of the Charter of the County of Cuyahoga be amended to extend the term during which Council may act on Executive appointments, and add an interim appointment provision?

2 PROPUESTA DE ENMIENDA A LOS ESTATUTOS CONDADO DE CUYAHOGA

Se requiere un voto afirmativo por mayoría para su aprobación

¿Deberá enmendarse el Artículo II, Sección 2.03(2) Poderes y Deberes de los Estatutos del Condado de Cuyahoga para extender el período durante el cual el Consejo puede actuar sobre los nombramientos del Ejecutivo, y añadir una disposición de nombramiento provisional?

III.       Analysis

            A.        Report of the Charter Review Commission

PROPOSED CHANGES TO EXECUTIVE APPOINTMENT AUTHORITY: SIXTY DAYS FOR CONFIRMATION OF EXECUTIVE APPOINTEES

APPOINTMENT OF EMERGING OR UNDERREPRESENTED DEMOGRAPHICS

INTERIM APPOINTMENTS

[Amendment as formally adopted by the C.R.C. on 6/18/2013 by a vote of 6-0]

CURRENT LANGUAGE

SECTION 2.03 POWERS AND DUTIES ***** (2) To appoint, subject to the confirmation by the Council, and remove County directors and officers and members of boards, agencies, commissions and authorities as are or may hereafter be created by or pursuant to this Charter, and such officers and members of boards, agencies commissions and authorities as are provided by general law to be appointed by boards of county commissioners. If the Council shall fail to act on the question of such an appointment by the County Executive within thirty days of the date that the County Executive submits such appointment to the Council for its consideration, that appointment shall be deemed confirmed without further action by the Council. The County Executive and the Council shall use good faith efforts to reflect the diversity of the people of the County in appointing such officers and members.

PROPOSED LANGUAGE

SECTION 2.03 POWERS AND DUTIES ***** (2) To appoint, subject to the confirmation by the Council, and remove County directors and officers and members of boards, agencies, commissions and authorities as are or may hereafter be created by or pursuant to this Charter, and such officers and members of boards, agencies commissions and authorities as are provided by general law to be appointed by boards of county commissioners. If the Council shall fail to act on the question of such an appointment by the County Executive within thirtysixty days of the date that the County Executive submits such appointment to the Council for its consideration, that appointment shall be deemed confirmed without further action by the Council. Subject to any applicable qualifications or requirements for officers and members of each board, agency, commission or authority, the County Executive and the Council shall use good faith efforts to reflect the diversity of people of the County consider emerging and underrepresented demographics in appointing such officers and members.

(2)(A) The County Executive may appoint interim officers to serve as any departmental director, as Inspector General, or in any position outlined in Article V of this Charter without confirmation by the Council for a period not to exceed 120 days. An interim appointment may continue beyond 120 days by extension or reappointment or another person may be successively appointed to the same position on an interim basis only if confirmed by the Council prior to the expiration of the initial interim appointment.

Rationale: This proposal incorporates three separate amendments. The first, would extend the time for Council confirmation of Executive appointments. The CRC heard from numerous Councilmembers and Executive staff members who stated that the time frame was too short. The Council has regularly scheduled meetings only twice in most months and it is imperative that the Council members have adequate time to meet, vet and vote on the nominee.

The second amendment incorporates inclusive language that will result in the membership of its various Boards and Commissions being reflective of appropriate demographic sectors, while still maintaining the mandate that qualified, competent individuals serve on these bodies.

The final proposal will allow the County Executive to appoint interim Department Heads when a vacancy occurs. This provision will allow the continuous operation of the Department while mandating that the Interim Officer may serve only for a set period of time, 120 days. This provision will only apply to departmental positions, the Inspector General and the specific positions detailed in Article V of the Charter. The positions and the duties that are fulfilled necessitate a smooth, but temporary, transition when a vacancy occurs.

           B.    Final Language Approved by Council

Issue 2 – Full text Charter language

(Additions to current language bolded)

SECTION 2.03 POWERS AND DUTIES.

(2) To appoint, subject to the confirmation by the Council, and remove County directors and officers and members of boards, agencies, commissions and authorities as are or may hereafter be created by or pursuant to this Charter, and such officers and members of boards, agencies, commissions and authorities as are provided by general law to be appointed by boards of county commissioners. If the Council shall fail to act on the question of such an appointment by the County Executive within thirty sixty days of the date that the County Executive submits such appointment to the Council for its consideration, that appointment shall be deemed confirmed without further action by the Council. The County Executive and the Council shall use good faith efforts to reflect the diversity of people of the County in appointing such officers and members.

The County Executive may appoint interim officers to serve as any departmental director, as Inspector General, or in any position outlined in Article V of this Charter without confirmation by the Council for a period not to exceed 120 days. An interim appointment may continue beyond 120 days by extension or reappointment or another person may be successively appointed to the same position on an interim basis only if confirmed by the Council prior to the expiration of the initial interim appointment.

            C.        League Commentary

            Arguments For:   Council members have indicated that it sometimes is difficult to have the required committee review and council review of appointments by the Executive within the required 30 days, especially where the Council may only meet in formal session every other week and three readings or meetings may usually be required.   Also, there is currently no provision or regulation authorizing interim appointments in the case of vacancy in an appointed position such as Fiscal Officer, Treasurer, Clerk of Courts, Sheriff, or the many positions, including Boards, that may require staffing while a person is nominated by the Executive and reviewed by Council.  The amendment provides the Executive may appoint a replacement for the position in the interim until Council acts.

            Arguments against;  (None found)