EFFECTIVE USE OF CITIZEN ADVISORY BOARDS
by Alan J. Bojorquez
In addition to providing valuable input and support for municipal programs, volunteer citizens serving on advisory boards and commissions can also play a vital role in the actual provision of services and the performance of administrative duties, particularly in small towns and villages that have a limited professional staff. However, advisory boards can create as many problems as they create solutions if the boards are improperly structured or left unsupervised.
Rubber-Stamping
Clearly, many cities appoint groups of citizens to review policies and actions in hopes of obtaining public support, often through a mere rubber stamp process. It is an age-old technique to attempt to cloak unilateral decisions in a veil of public support. This maneuver is usually characterized by the government decision-makers having already determined a course of action and wanting to be able to convey to the outside world (e.g., citizenry, media or other branches of government) that the action has been blessed by the governed.
Effective Implementation
The groups responsible for implementation should be involved up front as decision makers. Accordingly, many cities use volunteers to formulate policy and make vital decisions about the acquisition of public goods, provision of services and expenditure of public funds. A policy decision embodying a substantial departure from the status quo will have greater chances of achieving its desired goal if the program is actively supported by organized constituency groups throughout the implementation process, not just as the very beginning or end.
Settling Conflicts
Increasingly, government entities seek to settle disputes by organizing stakeholders into groups that can fashion an agreed resolution to the conflict. These advisory boards may be created to defuse a public controversy, negotiate a compromise on an administrative matter or bring an end to a lawsuit.
Community Building
Many voices in public administration have spoken to the themes of building community, civil society and civic infrastructure as partial solutions to the growing distance between citizens and governing institutions. Reconnecting citizens to government requires government orientation toward citizen involvement rather than control by professional elites. Indeed, some have suggested that the future of the legitimacy of professional administrators will involve community-building and enabling democracy.
Creating Boards
Ideally, advisory boards should be created in writing by order of the governing body or the chief executive officer. Written orders that create an advisory board can be freestanding, or can contain substantive regulations of general applicability. In home rule cities, certain boards may be mandated by the municipal charter.
Qualifications
The ordinance creating the advisory board should clearly establish the qualifications for membership on the board. For example, the agency can require certain experience, education, residency or demographic representation. The makeup of the advisory board can actually increase the likelihood that a regulation will be upheld as legal by the courts.
Appointment
Alternatives for the appointment of board members may include the following: (a) each member of the governing body appoints one board member; (b) the chief executive nominates board members and the governing body confirms the nomination; (c) any member of the governing body can nominate candidates and the entire governing body votes to approve individual board members or a complete slate of candidates; or (d) staff prepares a slate and governing body approves, rejects or modifies the slate.
Vacancies
Cities should address the procedure for filling vacancies. Vacancies may occur for a number of reasons, including death or disability, resignation, disqualification, board members declining to accept an additional term or as result of having been removed from office. Another issue that should be addressed is whether individuals appointed to fill a vacancy receive a full term or simply serve the remainder of their predecessor’s unexpired term. 
Removal
It is wise to plan for the possibility that the agency may need to someday remove a board member from office prior to the expiration of the member’s term. The ordinance creating the board should establish whether members may be removed at will or only for cause and what type of cause will support removal. You should consider if it is sufficient for a member to be removed upon a simple majority vote of the city council or board of aldermen or whether a super-majority vote is required.
Officers
The city council may want to determine what officer positions will be on the board. How many officer positions should there be? Who selects officers? How long do they serve? What functions or duties must officers perform?
Meetings
The appointing authority should consider how frequently the board is required to meet. Boards may meet regularly or only as needed. Who establishes the agenda for the board? Can any citizen request that an item be placed on the agenda? Must board meetings be held in a particular location? The board can adopt parliamentary rules or those can be established by the city.
Meetings/Open Records
The meetings and data considered and created by advisory boards are subject to the Open Meeting Law. Of particular importance is that written communications among advisory board members or between board member and staff are subject to disclosure under the law. Thus, beware of e-mail.
Voting
One issue that arises frequently is whether there are any restrictions on voting power. Can the chairperson vote? Must any board member abstain from deliberations if that board member has a conflict of interest? If so, how is a conflict of interest defined under the ordinance? Another issue worth addressing is whether any particular matters should require a super-majority vote.
Duties
You should spend time considering the scope of authority granted to advisory boards and the specific tasks the city wants the boards to perform. Sometimes, the powers assigned to boards can appear to be merely advisory; however, the board may actually possess a rule-making or quasi-judicial power.
City leaders are urged to consider precisely what they want the board to undertake before they create the body and periodically thereafter. What (if any) products will the board be expected to provide on a routine basis? Advisory boards may be called upon to craft legislation. Often, however, it is wiser to let the city’s attorney or staff prepare the ordinance with input from the advisory board. A more productive use of advisory board time is the identification of issues and the generation of options and goals.
Interaction With Groups
When delegating an assignment to a board, consider whether the board will be autonomous and independent and whether its mission necessitates working closely or frequently with other organizations. Will the board be charged with interfacing directly with specific groups, such as the local historical society, chamber of commerce or other city advisory boards?
Support
One question worth addressing early on involves the tools the advisory board will need to get the job done. Will there by specific staff members assigned to assist the board with administrative tasks? Will the board members have access to legal counsel consultants or other experts? If so, who will be the consultant’s ultimate client: the board, the city staff or the city council? Simple matters, such as making copies and posting notices become crucial when the board meets or conducts public hearings.
Funding
If a board is important and performs many tasks for an agency it may need specific appropriations in the annual budget. Is there a specific budget for the board’s activities?
Education
A great deal of political fallout, administrative frustration and legal liability can be avoided if advisory board members received the proper training. Whether provided in-house or at a conference or seminar, education can help your boards work more effectively.
Recognition
Cities that rely on citizen volunteers should constantly keep in mind the valuable contributions of these individuals. Time should be regularly set aside to recognize and honor advisory board members. City officials should frequently nominate their boards for local, regional, state or national awards. The media should be kept informed of the amount of time and effort that civic-minded volunteers give to make government work better.
Local Ethics Restrictions
Members of an advisory board can be expected to comply with the local ethics rules. State conflict of interest statutes typically apply only to public officials whose responsibilities are beyond advisory in nature and thus might not apply to advisory boards. However, many “advisory” board members go beyond giving advice and actually create or administer local government policy and regulations.
Liability
Volunteer citizen advisory board members are sometimes treated as public officials who can be named as a party to a lawsuit. Volunteers can be held responsible when assisting the government; thus, government leaders should exercise caution when appointing and training board members. Liability insurance coverage might apply to volunteer advisory board members. Some government risk pools extend protection to volunteers to cover actions performed on behalf of the government entity or advisory board.
Conclusion
Citizen advisory boards are a great way to get things done, particularly in smaller cities. Boards can also serve as training grounds for future elected officials. Arguably, it is the responsibility of government managers and elected officials to craft tools of engagement that empower citizens to help government operate. While fashioning these mechanisms, government leaders should give careful consideration to who is appointed to advisory boards, how boards are structured and what functions the agency wants the board to perform.
		
Alan J. Bojorquez is with the Austin firm of Bovey, Akers & Bojorquez, LLP, and can be reached at Alan@Texas MunicipalLawyers.com. This article is a reprint from the “Texas Town & City” July 2003, published by the Texas Municipal League.