TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Dan Atchison, City Attorney
SUBJECT:
title
Correcting the terms of Planning Commission positions.
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Good Governance.
end
SUMMARY:
summary
The terms of Planning Commission positions are required to be staggered so no more than three positions expire in any year. Due to an error in 2015 when two new positions were created, there are currently four positions that will expire in 2027. In addition, an error was made in the term of another commissioner appointed at the September 16, 2024 special city council meeting. The terms of two of the positions should be changed to correct the errors.
end
ISSUE:
Shall City Council amend the terms of Commissioner Lara Midkiff to expire in 2024 (instead of 2025) and Commissioner Fryback to expire in 2026 (instead of 2027)?
RECOMMENDATION:
recommendation
Amend the terms of Commissioner Lara Midkiff to expire in 2024 (instead of 2025) and Commissioner Fryback to expire in 2026 (instead of 2027).
body
FACTS AND FINDINGS:
SRC 6.010(c) states the term of office for a member (of the Planning Commission) shall be four years, or until a successor is appointed and qualified. Terms shall be staggered so that the term of office of not more than three members will expire in the same calendar year. No member shall serve more than two consecutive terms.
In 2015, the City Council amended SRC Chapter 6 to increase the number of planning commissioners from seven to nine. Later in the year, Council appointed Ian Levin and Chane Griggs to the new positions. Each new commissioner was given a four-year term. At that time, one of the new commissioners should have been given a three year term in order to stagger their term expirations. The two new commissioners were reappointed in 2019 - resulting in the terms of four commission positions expiring in 2023.
At the beginning of December 2023 the Planning Commission terms were as follows:
|
Position |
Name |
Appt Date |
Term Ending |
|
1 |
Heller |
2/10/20 |
12/31/23 |
|
2 |
Slater |
2/10/20 |
12/31/23 |
|
3 |
Augustyn |
7/13/20 |
12/31/24 |
|
4 |
Goebel |
9/13/21 |
12/31/24 |
|
5 |
Vacant |
|
12/31/25 |
|
6 |
Fought |
2/14/22 |
12/31/25 |
|
7 |
Vieryra-Braendle |
9/26/22 |
12/31/26 |
|
8 |
Levin |
7/13/15 |
12/31/23 |
|
9 |
Griggs |
7/13/15 |
12/31/23 |
At the December 11, 2023 Council Meeting, Council made the following appointments and reappointments:
|
Position NameAppt DateTerm ending |
|
|
|
|
1 |
Heller |
2/10/20 |
12/31/27 |
|
2 |
Slater |
2/10/20 |
12/31/27 |
|
5 |
Rhoades |
12/11/23 |
12/31/25 |
|
8 |
Tigan |
12/11/23 |
12/31/27 |
|
9 |
Truitt |
12/11/23 |
12/31/27 |
In January 2024, Commissioner Goebel resigned and her term was set to expire on 12/31/24. That vacancy remained open until the position was filled on September 16, 2024. On September 16, 2024, Council made three appointments, filling positions 3, 4 and 8 and setting term lengths based on information provided by staff as set forth below:
|
Position |
Name |
Term |
Appt Date |
Term Expiration |
|
1 |
Heller |
2nd Term |
2/10/20 |
12/31/27 |
|
2 |
Slater |
2nd Term |
2/10/20 |
12/31/27 |
|
3 |
Theve |
Partial |
9/16/24 |
12/31/24* |
|
4 |
Lara Midkiff |
Partial |
9/16/24 |
12/31/25* |
|
5 |
Rhoades |
Partial |
12/11/23 |
12/31/25 |
|
6 |
Fought |
First |
2/14/22 |
12/31/25 |
|
7 |
Vieryra-Braendle |
First |
9/26/22 |
12/31/26 |
|
8 |
Fryback |
Partial |
9/16/24 |
12/31/27* |
|
9 |
Truitt |
First |
12/11/23 |
12/31/27 |
Staff erroneously advised Council regarding the term expiration of the positions, stating that the terms will expire on 12/31/24, 12/31/25 and 12/31/27 and the newly appointed commissioners were appointed and given those terms.
However, the terms for two of the positions will expire on 12/31/24, while the term for the third position will expire on 12/31/27.
Based on the staff error, Council placed the new commissioners in terms as follows:
• Commissioner Theve - term expiring on 12/31/24 (this is correct),
• Commissioner Lara Midkiff - term expires on 12/31/25 (this is incorrect. This term should expire on 12/31/24).
• Commissioner Fryback - term expiring on 12/31/27 (this position is a carryover from one of new positions created in 2015). This term should be changed to expire in 12/31/26.
If Council modifies the term lengths for Commissioners Lara Midkiff and Fryback, the terms for the Planning Commission will be:
|
Position |
Name |
Term |
Appt Date |
Term Expiration |
|
1 |
Heller |
2nd Term |
2/10/20 |
12/31/27 |
|
2 |
Slater |
2nd Term |
2/10/20 |
12/31/27 |
|
3 |
Theve |
Partial |
9/16/24 |
12/31/24* |
|
4 |
Lara Midkiff |
Partial |
9/16/24 |
12/31/24* |
|
5 |
Rhoades |
Partial |
12/11/23 |
12/31/25 |
|
6 |
Fought |
First |
2/14/22 |
12/31/25 |
|
7 |
Vieryra-Braendle |
First |
9/26/22 |
12/31/26 |
|
8 |
Fryback |
Partial |
9/16/24 |
12/31/26* |
|
9 |
Truitt |
First |
12/11/23 |
12/31/27 |
All three of the newly appointed commissioners are in partial terms because they are replacing prior commissioners who vacated their positions prior to the end of their term. A commissioner taking over a partial term is eligible for two full term reappointments after a partial term.
BACKGROUND:
The position numbers assigned to the planning commission positions in this report are for administrative convenience and have no substantive effect.
Dan Atchison
City Attorney
Attachments:
None.