HomeMy WebLinkAboutRES NO 187-99RESOLUTION 1 8 ?" 9 9
A RESOLUTION ADOPTING A CITY COUNCIL
VOTING POLICY FOR COMMISSIONS AND BOARDS
OTHER THAN THE PLANNING COMMISSION
WHEREAS, during the meeting of the Legislative & Litigation Committee on August
19, 1999, the City Attorney's office was requested to provide the Committee with a written
synopsis of a voting methodology to be used by the City Council in appointing members
for Commissions and Boards, other than the Planning Commission; and
WHEREAS, in addition, the synopsis was to include a statistical evaluation of the
permutations which could be encountered during the voting process attached as Exhibit A;
and
WHEREAS, the process could be used for any number of applicants for any single,
or multiple, vacant position(s).
NOW THEREFORE BE IT RESOLVED, by the Council of the City of Bakersfield as
follows:
The following policy is to be used by the City Council in appointing members for
Commissions and Boards, other than the Planning Commission:
1)
Each Council member shall have only one vote to cast for a single individual during
each individual round of voting (a maximum of seven votes cast during any single
round);
2)
Each Council member shall have the right to change their vote from one individual
to another during subsequent rounds of voting, if a subsequent round is needed;
3)
In the event the voting process results in a three-to-threetie between two remaining
individuals (due to the Council members present and voting not constituting a
complete complement of the Council due to absence or abstention), the Mayor, in
accordance with the Charter, shall be entitled to cast the deciding vote (NOTE: the
Charter specifies a three-to-three tie, and therefore, the Mayor shall not be
authorized to vote if it is a two-to-two tie);
4)
An individual applicant receiving a majority of the votes cast in the "first round
vote," and/or in the runoff, shall be deemed appointed to the position;
5)
In the event more than one position is vacant, each position shall be voted upon
and determined separately, and upon one position being filled, all remaining
Page 1 of 3
6)
7)
8)
9)
applicants from the first position filling process shall be entitled to be considered for
the remaining position;
In the event the "first round vote" does not result in a single individual receiving a
majority of the votes, a runoff election shall be conducted between the two
individuals receiving the top number of votes cast in the "first round vote";
In the event the "first round vote" does not result in t~vo individuals receiving the top
number of votes cast, the one individual receiving the top number of votes shall be
included in the runoff, and a separate "interim vote" shall be cast to determine the
other individual to be in the runoff, with the "interim votes" being cast among the
individualswho had tied by receiving the next highest number of votes in the "first
round vote";
In the event no individual receives any votes more than any other individual in the
"first round vote" (for example, seven applicants each receiving one vote), the
Council shall cast another "first round vote" until at least one individual receives
more votes than another and then proceed in accordance with the proposed voting
process;
In the event an "interim vote" results in a tie of the highest number of votes cast
between two or more individuals, the Council shall conduct as many as required
"interim votes" to determine the individual to be included in the runoff.
The City Clerk shall prepare a ballot with the name of each applicant for the position
to be provided to the Council for the "first round vote." Subsequent votes (the
"interim vote" and the runoff) shall be accomplished by the Council Member writing
in on a pre-prepared form the name of the individual for whom they are voting. After
each vote, the forms will be turned in to the City Clerk who will announce the
tabulated results prior to initiation of a subsequent vote. All forms will be retained
by the City Clerk and available to the public subsequent to the voting process as a
public record.
.......... o0o ..........
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
City Council of the City of Bakersfield at a regular meeting thereof held on DEC 15 199§ _,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DeMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER NOI,4 ~'..,.
COUNClLMEMBER ~1 ¢_,,
CITY CLERK and EX Ol~/IClO of the
Council of the City of Bakesfield
APPROVED DEC 15 1999
BOI~PRICE
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
By: ~ \__ ~ p
BART J. THILTGEN
CITY ATTORNEY'S OFFICE of the City of Bakersfield
( P:\L&L\Voting PolicyResolution)
Page 3 of 3
EXHIBIT A
STATISTICAL EVALUATION OF
VOTING PROCESS PERMUTATIONS
In most circumstances, the following statistical circumstancewill likely not occur, but the worst case
scenario is evaluated. This evaluation is based upon seven or more applicants for a single position with
all seven Council members voting during each round of votes. In the event a Council Member was not
present, abstained, or refrained from voting, the statistical permutations could increase markedly due to
the greater possibility of ties during "interim vote" to determine the individuals to be included in the runoff.
The charts below show the potential permutations.
As shown in Table I, during the first round of voting, a total of 15 different potential votes could be
obtained. Of these 15, (*) 7 would result in a single individual receiving a majority of the votes cast and
being appointed; (**) 3 would result in the identification of the two top vote receivers, between whom the
runoffwould be conducted; (***) 1 would result in seven individuals receiving one vote each, requiring the
Council to again conduct a "first round vote" among these seven remaining applicants; ( .... ) 3 would result
in one individual receiving more votes than anyone else, and an "interim vote" requirement to establish the
second individual for the runoff; and (*****) 1 would result in three individuals receiving two votes each, with
an "interim vote" being necessary to establish either the elected individual or the two individuals to be
considered in the runoff.
The permutations associated with the "first round vote" could theoretically result in three (3) "interim
votes" to determine the second candidate to participate in the runoff. These possibilities are shown in
Table II. Excludingthe one scenario where all individuals receive one vote in the "first round vote"(which
is unlikely), the Council theoretically could be required to vote a range of one (1) up to five (5) times to
select the person to be appointed to the position (combining the "first round vote" plus the potential "interim
votes" plus the runoff vote).
TABLE I
Applicants - Number of Votes
A _B _C 13 E _F _G Remarks
1 1 1 1 1 I 1 ***
2 1 1 1 1 I 0 ****
2 2 1 1 1 0 0 **
2 2 2 1 0 0 0 .....
3 1 1 1 1 0 0 ....
3 2 1 1 0 0 0 **
3 2 2 0 0 0 0 ****
3 3 1 0 0 0 0 **
4 I 1 1 0 0 0 *
4 2 1 0 0 0 0 *
4 3 0 0 0 0 0 *
5 1 1 0 0 0 0 *
5 2 0 0 0 0 0 *
6 1 0 0 0 0 0
7 0 0 0 0 0 0 *
= Single individual receiving majority and being appointed
= Two individuals receiving highest votes, between whom runoff conducted
= Seven individuals receiving single vote, who participate in another "first round vote"
-- One individual receiving highest vote, "interim vote" for second individual in runoff
-- "Interim vote" among top three to determine appointee or runoff participants ~:.:~
EXHIBIT A Page 2
STATISTICAL EVALUATION OF VOTING PROCESS PERMUTATIONS
5 in "interim vote"
4 in "interim vote"
3 in "interim vote"
2 in interim/Runoff
2 2
3 2 1
3 3 1
4, 5, 6, or 7 votes
2 2 2
3 2 1
3 3 1
4, 5, 6, or 7 votes
3 2 2
3 3 1
4, 5, 6, or 7 votes
4, 5, 6, or 7 votes
TABLE II
Applicants - Number of Votes
C D E
1 1 1
1 0
0 0
1 X
1 x
0 x
X X
X X
Remarks
2nd "interim" A&B
A in Runoff
2nd "interim" A&B
A in Runoff
2nd "interim"A, B & C
A in Runoff
2nd "interim" A&B
A in Runoff
A in Runoff
2nd "interim" A&B
A Appointed/Runoff
A Appointed/Runoff
(Voting PoiicyResolution-ExhibitA)
CITY OF BAKERSFIELD
LEGISLATIVE AND LITIGATION COMMITTEE
REPORT NO. 3-99
DECEMBER 15, 1999
TO:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VOTING PROCESS FOR COMMISSIONS AND BOARDS, OTHER
THAN THE PLANNING COMMISSION
At the Legislative and Litigation Committee meeting of September 30, 1999,
the Committee reviewed and discussed a voting procedure to be used by Council in
appointing members for commissions and boards, other than the Planning Commission.
In the proposed procedure, the person who receives a majority of votes on the first ballot
is appointed. The process to be used when a majority vote is not achieved on the first
ballot was also examined.
After questions, Committee members unanimously recommended approval
of the proposed procedure as outlined in City Attorney Bart Thiltgen's memorandum of
August 24, 1999 to the Legislative and Litigation Committee. Staff was directed to prepare
a committee report recommending Council approve the proposed policy. In accordance
with Council Resolution 58-96, a Council policy shall be adopted by resolution.
CITY OF BAKERSFIELD
LEGISLATIVE AND LITIGATION COMMITTEE
REPORT NO. 3-99
PAGE 2
DECEMBER 15, 1999
Therefore, the Legislative and Litigation Committee respectfully requests the
Council accept this report and implement its recommendation.
Councilmember David Couch, Chair
C~'6~,l/'r~m~.~iC~tricia 3. DeMond
C/~cilm~mber Jacquie Sullivan
(P:\L&L\LRPT3-99)