The issue about whether to appoint or to seek applications from the community arose because the terms of Clearlake Planning Commission Chair Carl Webb, and Commissioners Bill Perkins and Gina Fortino-Dickson expire on March 11, City Clerk Melissa Swanson reported to the council Thursday.
Swanson said all three of the commissioner had expressed interest in continuing service. The reappointments are at the council's discretion.
She said the council could choose to reappoint the sitting commissioners or advertise for new applicants, and schedule interviews and appointments for the Feb. 26 council meeting.
Council member Joyce Overton raised the issue of certain council members and what she viewed as conflicts of interest when it comes to appointing commissioners.
She cited campaign materials used by Vice Mayor Judy Thein and Councilman Curt Giambruno, who were reelected to the council in November. Both Thein and Giambruno were endorsed by all five members of the Clearlake Planning Commission.
Overton said those endorsements appeared to her to give rise to a conflict of interest.
City Attorney Malathy Subramanian said she didn't think a conflict existed under the state's political reform act. Thein said there was no money exchanged, and Subramanian added that the small monetary compensation that the commissioners receive for attending public meetings is not considered a financial interest under the law.
Clearlake resident Rick Mayo, himself a former two-term planning commissioner, wanted the appointment process opened up.
“I think that the council should consider advertising this out to the public,” he said, because it would give others a chance to step forward.
Another city resident, Jim Scholz, supported reappointing the three current commissioners whose terms are expiring. “I think they've done a terrific job,” he said. “They're an asset to the city.”
Dorothy Myers also wanted the application process reopened, accusing the council of being unfair.
Supervisor Jeff Smith said it's up to the council to make changes to the commission's membership if it wants to. They can advertise now or reappoint. He added that the work that goes into being a planning commissioner is a lot for a volunteer.
Like Overton, city resident Alice Reece also raised the conflict of interest issue. She said she didn't recall seeing the council discuss reappointments in this manner before; instead, she remembered them requesting applications when terms expired.
She said she'd never seen it on an agenda before. “It just looked a little suspicious.”
Swanson said two years ago, when Bob Gordon's and Al Bernal's terms were expiring, the council reappointed them without seeking additional applications. After Gordon resigned, the application process was opened to the public.
She said she brought the issue forward now to give the council time to decide how to proceed before the March term expiration.
Thein said the current commissioners work well and are effective. “They continually demonstrate due diligence in whatever they do.”
Noting she was very pleased with the commission, Thein said it's not uncommon to reappoint commissioners.
Councilman Roy Simons said he wanted the city to take applications from the community for the three commission seats in order to get more diversity.
Overton said she respected the commissioners, but felt it was “due diligence” to go out to the community. She said she knows people who are interested in the seats and she wanted to advertise them.
Mayor Chuck Leonard said he was very satisfied with the current planning commission, which he said was already a very diverse group. “They work hard at what they're doing.”
Responding to Myers' previous claim that the city was being “circular” and closed to the public by reappointing and not advertising the seats, Leonard said, “There's no closed circle. I don't know what kind of ridiculousness that is. They came from the outside. We all came from the outside.”
Simons reiterated that he thought new people should get to try out for the spots, pointing out that every four years council members have to fight for reelection.
He moved to direct staff to advertise for applications for the expiring seats, which Overton seconded. However, the motion went down defeat 3-2, with Leonard, Thein and Giambruno voting against it.
Thein then moved to reappoint Webb, Perkins and Fortino-Dickson as of March 12 for four-year terms ending March 11, 2013. Giambruno seconded.
The council voted 3-2 in favor of the appointments, with Overton and Simons voting no.
E-mail Elizabeth Larson at
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