Item Coversheet
ALAMOSA CITY COUNCIL
COUNCIL COMMUNICATION


Subject/Title:
Removal of Historic Preservation Advisory Committee Member Stanley Moyer
Recommended Action:
Staff recommends Council remove this member due to the fact he is no longer attending meetings and does not meet the attendance policy set forth in Section 5 of the Advisory Boards and Commissions Handbook.

Background:

Stanley Moyer is currently appointed to the Historic Preservation Advisory Committee which meets quarterly.  In November 2021, Mr. Moyer told another committee member he had permanently moved to Tucson, Arizona.   In response, the City Clerk made multiple unsuccessful efforts to ask Mr. Moyer to resign from the committee. Mr. Moyer has missed all meetings since that time.

 

Here is the language governing removal from Section 5 of the Advisory Boards and Commissions Handbook:

 

5. Removal

A board member may be removed by Council action, or by abandonment of the position. The information below outlines when and under what circumstances this will occur.

 

a. Removal: A majority of the City Council may remove any appointed advisory board member at any time for good and sufficient cause. Cause shall include, but is not limited to, violations of the conflict of interest policy of the City; any violation of any applicable law, regulation or policy; neglect of duty; and actions that reflect poorly upon the City.

 

b. Abandonment of the Position – a position shall be considered abandoned if the board member has more than three unexcused absences in 12 months or misses half of the meetings held within 12 months excused or not.

 

i. The following shall constitute grounds for an excused absence:

1. Serious illness or injury

2. Maternity/paternity leave

3. Serious family emergencies

4. Religious observances

5. Jury duty 6. Work conflicts outside of normal duties such as required training or emergencies

7. The affected board or commission may also excuse absences in cases where they make a finding that an unusual hardship justifies excusing an absence or absences.

 

ii. Excused absences shall only be approved if a member of the board or commission calls the Secretary for each board or commission twenty- four (24) hours before the meeting to explain the absence, except as those absences the reason for which does not arise at least twenty- four (24) hours ahead of time, or absences which arise under circumstances which make it impossible for a board or commission member to give advance notice.

 

iii. The Secretary for each board and commission shall record attendance in the official minutes of the advisory board and indicate if an absence is excused.

 

iv. The Secretary for each advisory board shall monitor attendance requirements for non-compliance. Upon notification of such noncompliance, the City Clerk shall submit a report to the City Council for appropriate action.

 

v. At the request of any member of the City Council, the City Clerk shall agendize consideration of removal of any board or commission member who has not met the attendance requirement established by the City

 

vi. All applicants for membership of a board or commission shall be notified prior to City Council appointment regarding time requirements for serving and the policy regarding removal.

 

vii. Candidates whose schedules will preclude them from serving on their desired board shall not be appointed with caveats that boards change their times to accommodate them. Boards may change their times and places of meeting in conjunction with the City Clerk, but shall not be compelled to do so.

Issue Before the Council:
Does Council wish to remove this member from the Historic Preservation Advisory Committee?

Alternatives:
  1. Remove board member
  2. Keep board member


Fiscal Impact:
N/A

Legal Opinion:
City Attorney will be available for questions.

Conclusion:
The removal of the board member will allow for the appointment of a member to replace him.
ATTACHMENTS:
DescriptionType
Advisory Board Handbook RE: Removal Backup Material