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Resolution - 2024 - 24-05 - Establishing A Policy For Appointment Procedures For Eura - 06/11/2024 RESOLUTION NO. 24-05 A RESOLUTION OF THE CITY OF EAGLE, IDAHO, ESTABLISHING A POLICY FOR APPOINTMENT PROCEDURES FOR THE EAGLE URBAN RENEWAL AGENCY(EURA) BOARD;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho State Statute Title 50, Municipal Corporations, Chapter 20, Urban Renewal Law, establishes criteria for Urban Renewal districts in Idaho. WHEREAS The EURA differs from other City of Eagle boards, committees and commissions within the City of Eagle because the EURA is a separate corporation and is funded with property taxes and EURA Board members are not directly accountable to the voters and therefore the Council has determined that an elevated level of criteria is needed for filling vacancies. WHEREAS, Eagle City Code, is silent as to filling vacancies on the EURA Board; and WHEREAS Eagle Appointment Policies adopted by previous resolutions of the city are silent as to filling vacancies on the EURA Board; and WHEREAS Idaho State Statute Section 50-2006 (2) (a)provides for appointment of board members: Unless provided otherwise in this section, the mayor,by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency, which shall consist of not less than three (3) commissioners nor more than nine (9) commissioners. In the order of appointment,the mayor shall designate the number of commissioners to be appointed, and the term of each,provided that the original term of office of no more than two (2) commissioners shall expire in the same year. The commissioners shall serve for terms not to exceed five (5)years, from the date of appointment, except that all vacancies shall be filled for the unexpired term; and WHEREAS The City chooses to provide an appointment policy regarding the portion of the statute above that states, "the mayor, by and with the advice and consent of the local. overning body, shall appoint a board of commissioners."; and WHEREAS Idaho State Statute Section 50-2006 (2) (b)provides for removal of agency board members and filling of a position that becomes vacant at a time other than the expiration of a term. It states in two parts: For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed by a majority vote of the local governing body only after a hearing and after he shall have been given a copy of the charges at least ten(10) days prior to such hearing and have had an opportunity to be heard in person or by counsel. Any commission position that becomes vacant at a time other than the expiration of a term shall be filled by the mayor or chair of the board of county commissioners, if that is the local governing body, by and with the advice and consent of the local governing body, including the mayor, if applicable, and shall be filled for the unexpired term; and WHEREAS The City desires to provide an EURA appointment policy regarding the portion of the statute above that states, "shall be filled by the mayor or chair of the board of county commissioners, if that is the local governing body, by and with the advice and consent of the local governing body, including the mayor. "; and WHEREAS the City desires to establish additional standard operating procedures for filling vacancies, terminating membership and processing applications for appointments to the EURA Board; and WHEREAS the City wishes to provide clear direction to staff and the public regarding the process for EURA appointments; and WHEREAS the City believes it is imperative that individuals seeking appointment to the EURA desire to serve the greater good of the Eagle community and in all instances consider all viewpoints when serving on the EURA Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE,Ada County, Idaho, as follows: SECTION 1: Vacancies: Except as stated in Section 3 d below, when a vacancy occurs on the Eagle Urban renewal Agency, a news release announcing the opportunity to serve shall be distributed by the City. The announcement shall indicate the required application process, deadline for submittal, and contact information for inquiries.All vacancies shall be left open for a minimum period of ten(10) working days to allow for advertisement of the vacancy or vacancies. In cases where the vacancy causes a reduction in the number of members necessary to constitute a quorum a shorter advertising period may be used. SECTION 2: Selection Criteria: The City hereby establishes the following policy regarding selection of Eagle Urban Renewal Agency members: a. Priority shall be given to appointing qualified Eagle residents to EURA. b. Appointment membership and qualifications criteria established by ordinance, resolution and/or state law shall apply in all instances. c. Except as may otherwise be provided in Eagle City Code and Idaho Code relating to qualifications or subject matter expertise, Board appointments may include representation from the Area of Eagle Impact or an Eagle Business owner who does not reside within Eagle City Limits. Eagle business owners or their designee may write a letter allowing a non-Eagle resident who is an employee of such business to be considered on their behalf d. To ensure equal representation and avoid the potential for conflicts of interest,no business or organization shall have more than one (1) individual on the EURA. e. In instances where the criteria of Sections 2(a) and 2(c) cannot be fulfilled, qualified non- residents may be considered for appointment. SECTION 3: Application Process: In accordance with State Statutes, vacancies shall be filled by the Mayor,by and with the advice and consent of the City Council. The following shall serve as a guide for establishing the applicant review process. However, the City reserves the right to update, and change or modify the appointment process with or without the passage of a resolution, as long as the spirit of transparency of this resolution remains unchanged and all Eagle City Codes and Idaho State Statutes are compiled with. a. Submittal requirements: All parties interested in serving on the EURA shall complete the following: 1. A Request for Consideration Application. 2. A resume or curriculum vitae (strongly encouraged). 3. An acknowledgment that the applicant will follow all applicable ethics, conflicts of interest and code of conduct laws, rules and policies of the City of Eagle and the State of Idaho. b. Applications/Submittals: 1. Applications, and accompanying documentation, shall be submitted to the City in accordance with the advertised timelines and submittal instructions to the City Clerk's office. 2. All applications and application materials shall be provided to the Mayor and City Council members for their review and consideration. 3. Appointment letters will be sent upon Council consent of appointment. 4. Letters of declination will be sent should the applicant not be selected/appointed. 5. Submittals will be retained on file at the City for the period of one (1) year in accordance with the Record Retention Manual. Should subsequent vacancies occur for the Board,those applications may be reviewed again. c. Interviews and Appointment: The interview and appointment process is to include the following: 1. The Mayor and Council members will each review all the applications and accompanying documentation. 2. The City will hold a special City Council meeting for the Mayor and Council to discuss their preferred selections and the Council will advise the Mayor on their preliminary opinions. Selections should be based upon the Mayor and Council Members understanding of the function of the EURA. The Mayor will then take into consideration the advice of the Council and schedule interviews with a number of applicants that he or she chooses to interview. The Mayor, at his or her sole discretion, may work with the Council to develop a list of those to be interviewed during the Council meeting, or consider the Council advice and choose his or her own list of who to interview after the meeting. 3. Prior to the interviews,the City Council shall appoint an"EURA Interview Panel" to interview the applicants selected for interview by the Mayor. The EURA Interview Panel shall include the Mayor, a Council member who may or may not be on the EURA Board and an EURA Board member who is not a Council member, and others which the City Council may deem appropriate. Total number of individuals on the Interview Panel shall not exceed five (5). 4. At the conclusion of the interview process, the Mayor may discuss the applicants with the other members of the EURA interview panel. It remains the Mayor's sole decision who to recommend to Council for consent of appointment at a duly noticed City Council meeting and it shall be the sole decision of the Council on whether to consent to the person proposed by the Mayor or to not consent.The affirmative vote of one-half (1/2) plus one of the members of the council shall be required for consent to the appointment of anyone recommended to fill the EURA vacancy. 5. If the city council does not consent to the person recommendation by the Mayor, the Mayor shall then,within ten(10)days thereafter,recommend another person to fill the vacancy and the Mayor shall continue to recommend individuals until the Mayor receives consent from the City Council. If the mayor fails to make another recommendation for the same vacated position within ten (10) days after the Council rejection of a recommendation, the Mayor shall thereby be waiving his right to recommend and the city council shall appoint a suitable person to fill the vacancy. d. Re-appointments and Term Limits: Individuals who wish to serve a consecutive term are required to submit a Request for Consideration application in order to be considered. A news release is not required for a consecutive term reappointment. However, once an individual has served two (2) consecutive three-year terms, or (3) consecutive two-year terms they will not be permitted to serve again and a news release announcing the vacancy shall be required at the expiration of the said term of service. e. Termination: In accordance with Idaho State Statute, For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed by a majority vote of the local governing body only after a hearing and after he shall have been given a copy of the charges at least ten(10) days prior to such hearing and have had an opportunity to be heard in person or by counsel. f. Attendance: Appointment as a board member comes with an expectation of regular attendance. This resolution shall be in full force and effect immediately upon its adoption and approval. APPROVED AND EFFECTIVE by the Eagle City Council, Eagle, Idaho, May 28, 2024. Resolution number ratified by the Eagle City Council, June 11, 2024. APPROVED: Brad Pike, Mayor ATTES .�`s.,- OF Eq C C •......... � C'�•o�QOR,�•'� *." : • Tracy E. Osbo ()41-til▪ l‘ : -�� ' City Clerk • :••,� ,SEAL 4\,:' "'m91E OF X'O SS P'':t iel a,,,,,,