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Agenda Item # 12

BOARD MEMORANDUM

RECOMMENDATION:

Consider the amendment to the Citizens Advisory Committee (CAC) bylaws requested by the VTA Board of Directors modifying the number of affirmative votes required to pass an item.

BACKGROUND:

The CAC is a 17-member committee representing the city/county groupings of the VTA Board of Directors, specified community interests, and business and labor groups with an interest in transportation.  The CAC advises the Board on issues of interest to the committee’s members and the communities and organizations they represent.  It will also serve as the oversight body for the 2000 Measure A Transit Sales Tax Program.

The CAC bylaws govern the proceedings of the committee and its meetings.  They delineate such things as membership requirements, term durations and term limits for members, the number of members required to constitute a quorum, etc.  All advisory committee bylaws must be consistent with the VTA Administrative Code.  Amendments to the bylaws must be approved by a majority of the Committee’s authorized membership and by the VTA Board.

DISCUSSION:

The VTA Board, at its January 2005 meeting, considered proposed changes to the Policy Advisory Committee (PAC) bylaws.  As a result of its evaluation, the Board expressed concern with the existing PAC bylaw provision that allowed for a majority of a quorum, rather than a majority of the total membership, to pass an item.  This specific provision had originally been a majority of total membership but the Board, in December 2002, approved PAC’s request to change it to a majority of quorum present.

The Board indicated its preference that the advisory committee approval process mirror the Board approval process as spelled out in the VTA enabling act, which requires all acts of the Board to be approved by a majority of the entire VTA Board.  To this end the Board, at its March 30, 2005 meeting, rescinded its prior approval, which reverted the PAC Bylaws back to requiring approval by a majority of total membership.  The Board also indicated its desire that the voting requirement for all advisory committees be changed to the uniform standard of majority of total membership.

Section 5.4 of the current CAC bylaws, approved by the Board in March 2004, specifies the voting requirement for the Committee as a majority of those present, so long as a quorum is present.

Staff has drafted the proposed modification to Section 5.4 of the CAC bylaws to reflect the Board’s request, which is now presented for Committee consideration (see Attachment A, page A5).  Deletions are shown in overstrike and additions in italics.  This amendment and the Committee’s comments regarding it, if any, will be submitted to the VTA Board for final consideration at its June 2005 meeting.

ALTERNATIVES:

The Committee may approve, reject or modify the proposed amendment.  However, by virtue of §4-3 of the VTA Administrative Code, advisory committees bylaws are subject to final approval by the VTA Board.

FISCAL IMPACT:

There is no fiscal impact associated with amending the CAC bylaws.

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