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HomeMy WebLinkAboutAgenda - 03-14-2023 Work Session; 2 - Discussion on Potential Amendments to the Orange County Arts Commission Advisory Board Policies and Procedures 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 14, 2023 Action Agenda Item No. 2 SUBJECT: Discussion on Potential Amendments to the Orange County Arts Commission Advisory Board Policies and Procedures DEPARTMENT: County Manager— Arts Commission ATTACHMENT(S): INFORMATION CONTACT: Mark-up Draft Amended Policy and Katie Murray, (919)245-2335 Procedures PURPOSE: To discuss potential amendments to the Orange County Arts Commission (OCAC) Advisory Board Policy and Procedures. BACKGROUND: The Orange County Board of County Commissioners Advisory Board Policy (Advisory Board Policy) requires all members of County advisory boards and commissions to be Orange County residents. The Advisory Board Policy states that a specific advisory board policy may indicate other requirements. On November 16, 2021, the Board of Commissioners approved an amendment to the Chapel Hill/Orange County Visitors Bureau Advisory Board Policies and Procedures to allow non-County residents to serve as long as a majority of the Visitors Bureau Advisory Board is composed of County residents. Representation on the OCAC Advisory Board by leadership of Orange County arts agencies is critical, but not all leaders of local arts organizations reside in Orange County. A proposed amendment to the OCAC policies and procedures would allow one non-resident Orange County arts leader to serve on the OCAC Advisory Board. The amended language is proposed as follows: "Members shall be residents of Orange County and shall maintain their domicile in Orange County, excepting however that one member may be a non-resident. Domicile is defined as one's permanent established home as distinguished from one's temporary although actual place of residence. The Clerk shall confirm the residency of applicants. Members shall have a direct or indirect background in the arts and be actively involved in the arts. Candidates should either live in Orange County, have invested in Orange County, or have a direct arts interest in Orange County." 2 FINANCIAL IMPACT: There is no financial impact associated with discussion of this item. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board discuss the proposed amendments to the Orange County Arts Commission Advisory Board Policies and Procedures and provide feedback to staff as appropriate. 3 ORANGE COUNTY ARTS COMMISSION BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Orange County Arts Commission Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to the Orange County Arts Commission Board. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Orange County Arts Commission Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Orange County Arts Commission Board is as follows: The purpose for which the Orange County Arts Commission Board was formed in 1985 is to serve as the official countywide advisory body on the arts, which will promote, coordinate and strengthen private and public programs to further the cultural development of the County. SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Orange County Arts Commission Board shall: a. Advise the Board of Commissioners on matters involving the arts; b. Upon nomination of the Board of Commissioners and approval of the North Carolina Arts Council the Orange County Arts Commission shall be the Designated County Partner(DCP) of the annual allotment of Grassroots Arts Program funds. As the DCP it shall have the goal of assuring that the County's annual Grassroots funding allotment is broadly and fairly distributed to serve as effectively as possible the arts needs of the citizens of Orange County; c. Encourage and aid the appreciation and awareness of, and participation in, the arts among all citizens of Orange County; d. Encourage cooperation and coordination among individuals, organizations and institutions concerned with the arts in the County of Orange; e. Facilitate the development of self-sustaining arts programs; f. Accept gifts or donations pertaining to cultural or artistic matters that may be used to promote, aid and expand the cultural resources of the County. B. Objectives 1. The Orange County Arts Commission Board shall: a. Initiate, sponsor, conduct or support, alone or in cooperation with other public or private agencies, programs in the arts; b. Serve as a clearinghouse for information about Orange County artists, arts programs, facilities, organizations and institutions and to encourage public awareness, utilization and support of such resources; c. Administer the Grassroots Program and County funds which shall include the responsibility to familiarize those interested in the arts with the guidelines necessary for funding, advertise for applications at the start of each grant cycle, review requests, award grants based on applicant's ability to meet the necessary guidelines and conditions and being able to arrange matching funds, mail award letters and checks, and secure proper documentation of expenditures for inclusion in the County's annual audit. 4 d. Encourage economic development by luring investment from entities which seek to invest in communities dedicated to sponsorship of the arts. SECTION III: MEMBERSHIP A. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards and to appoint members to and remove members from those advisory boards. In acting on this authority the Orange County Board of Commissioners hereby establishes certain general conditions to which applicants and members of advisory boards should conform. B. Composition 1. The Orange County Arts Commission Board is composed of fifteen voting members appointed by the Board of County Commissioners. 2. The Orange County Arts Commission Board has no appointed alternate members. 3. The Orange County Arts Commission has no appointed ex-off icio members. 4. No organization which is a potential recipient of County arts funding shall have on the Orange County Arts Commission Board more than two people who serve on its board or staff. No person serving on the Orange County Arts Commission shall vote or discuss an award by the Orange County Arts Commission to an agency which they have a direct or indirect financial interest. 4.5.Members shall be residents of Orange County and shall maintain their domicile in Orange County excepting however that one member may be a non-resident. Domicile is defined as one's permanent established home as distinguished from one's temporary although actual place of residence. The Clerk shall confirm the residency of applicants. Members shall have a direct or indirect background in the arts and be actively involved in promoting the arts. Candidates should either live in Orange County, have invested in Orange County, or have a direct arts interest in Orange County. C. Organization 1. The Orange County Arts Commission's office and files shall be lodged organizationally within the Orange County office of the County Manager. D. Officers and Duties 1. The Executive Committee (Chair, Vice Chair and Secretary) shall tend to matters affecting the Orange County Arts Commission Board which in the view of a majority of the Executive Committee require action by the Orange County Arts Commission Board between Commission meetings. No decision relating to the receipt or disbursement of Orange County Arts Commission funds shall be made by the Executive Committee. Any action taken and any correspondence initiated by the Executive Committee shall be presented to the full Orange County Arts Commission Board at the Commission's next scheduled meeting. 2. Should the office of Chairperson or Vice Chairperson or Secretary become vacant, the Orange County Arts Commission Board shall elect a successor from its membership at its next regular or special meeting, and such election shall be for the unexpired term of said office. 3. Election a. Chair, Vice Chair and Secretary shall be elected by the advisory board unless otherwise specified by the Board of Commissioners. b. Chair, Vice Chair and Secretary shall be elected to one-year terms based on the calendar year. c. Chair,Vice Chair and Secretary shall serve no more than three consecutive one-year terms. d. Board officers are to be nominated in September and voted on no later than the November meeting. Chair,Vice Chair and Secretary shall assume office as of the January meeting and. 4. Responsibilities a. The advisory board Chair: i. Calls all meetings. ii. Serves as the presiding officer and conducts advisory board meetings. iii. Is the Authorized spokesperson for the advisory board. 5 iv. Assists staff in developing the advisory board meeting agenda. v. Appoints and dissolves subcommittees, and the Chair and members thereof, of the body in consultation and with approval of the advisory board. vi. Sets goals for the advisory board in consultation with staff and the Orange County Board of Commissioners. vii. Carries out advisory board assignments as required by the Orange County Board of Commissioners. viii. Reviews all advisory board minutes and proposed recommendations or assigns another member of the advisory board to do so. ix. May excuse members from attending advisory board meetings up to two (2) times per twelve (12) month period. b. The advisory board Vice Chair: i. Serves as the presiding officer and conducts advisory board meetings in the absence of the Chair. ii. Has all the responsibilities of the Chair in the Chair's absence. c. The advisory board Secretary: i. Takes (or oversees the taking of) minutes for all advisory board meetings. ii. Submits minutes to advisory board members in advance of meetings. iii. Assures that other records of the advisory board are kept as directed by the Chair or the Orange County Board of Commissioners. 5. Term a. No board member who has served two consecutive three-year terms may be reappointed until he or she has not served for one year. A vacancy in mid-term shall be filled in the same manner as the original appointment to fill the unexpired term. 6. Attendance a. The Orange County Board of Commissioners shall remove any member of an advisory board for neglect of duty, non participation that becomes problematic to the advisory board's functioning and purpose. Neglect of duty and nonparticipation are defined as follows: i. Missing three (3) consecutive meetings; or ii. Missing twenty-five percent (25%) of meetings within any twelve (12) month period. SECTION IV. MEETINGS A. Staffing 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B. Meetings 1. Meetings shall be held the second Monday of each month at alternating locations throughout the county. C. Agendas 1. Items for agendas shall be approved by the Orange County Arts Commission Board Chair and staff. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Orange County Staff to familiarize the advisory board members with the operation of County government, the department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within six weeks of his or her appointment and participate in at least one meeting with the staff. SECTION VI. BY-LAWS 6 A. By-Laws 1. Any Bylaws adopted by the Orange County Arts Commission Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Orange County Arts Commission Board determine modifications to policies and procedures are necessary the Orange County Arts Commission Board may petition the Board of County Commissioners for such modifications.