No Term Limits and Anti-nepotism Rules for Mission Viejo Commissioners

Reported by Cathy Palmer

On February 14, 2023, the Mission Viejo City Council adopted revised Ordinance 22-349 amending the Mission Viejo Municipal Code regarding Commission selection and terms.

The revised ordinance removes term limits for those appointed to City Commissions and Committees and allows City Council members to appoint members of their own family to Commissions and Committees. The previous Ordinance set a term limit of three consecutive two-year terms, for a total of 6 years. Council never established an anti-nepotism policy for its members but did approve a Personnel Policy on Nepotism for its staff in 1989.

The discussions on this Ordinance was prompted by staff seeking clarification on Commission appointments after Mission Viejo adopted district-based Council elections. Council considered whether to appoint Commissioners from a city-wide or district-based pool of applicants, continue the existing term-limit provision, and add an anti-nepotism clause to the revised Ordinance.

At their January 10, 2023 meeting, all Council members agreed they wanted the flexibility to appoint from a city-wide pool of applicants. The other staff questions provoked more difference of opinion. Council member Cynthia Vasquez advocated including both term-limits and an anti-nepotism clause; she also suggested increasing the Commission terms to four appointments, for a maximum of eight consecutive years of service.

Council member Trish Kelley advocated removing term limits, saying she didn’t want to close the door on “talented Commissioners who are doing a good job, who have the experience and have their arms wrapped around the issues of the City and just mandatorily taking them off because their six years is up." Kelley and others who supported removing term limits failed to mention that Planning and Transportation Commission members Robert Breton and Joe Blum would be termed out on January 12, 2023. Breton is also former Mission Viejo Council member who is a strong supporter of the current majority on Council.

Council member Robert Ruesch was the most vocal advocate against an anti-nepotism clause; his wife, Debbie, has been a member of the Community Services Commission since 2019. He did not see a conflict of interest between being able to appoint his wife to a City post stating, "just because they are married, doesn't mean they agree on everything." He also argued that an anti-nepotism clause would not support inclusivity because it would exclude his wife from serving the City.

On January 24, 2023, the City Manager presented the revised Ordinance which allowed for the appointment of Commission and Committee members from a city-wide pool of applicant, removed term-limits for those appointments, and excluded an anti-nepotism clause. Despite concerns raised by the public and Council member Vasquez, the revised Ordinance was approved 4-1, with Bucknum, Kelley, Goodell, and Ruesch in favor, and Vasquez opposed.

The final reading of the revised Ordinance on February 14, 2023 was buried in the meeting agenda’s Consent Calendar, which forced residents to make any statements during an earlier part of the meeting. The residents who spoke on the issue were strongly opposed to removing term limits and allowing nepotism; none voiced support.

Council member Vasquez pulled the item from the Consent Calendar for discussion. Despite the opportunity to justify their actions, Council Members Bucknum, Goodell, Kelley and Ruesch did not respond to comments from the floor, nor did they address the question of how removing term limits and allowing nepotism would benefit the residents of Mission Viejo. Vasquez referred to the ethics training that Ruesch and she had just taken, quoting the following:

The public's confidence in the integrity and fairness of city government often hinges on the behavior of city officials. Real or perceived ethical lapses by city officials undermines the effectiveness of the city and casts a shadow on the decisions of the legislative body.

Councilmember Vasquez (quoting ethics training materials)

Vasquez went on to state that she felt that Council members were obligated to hold themselves to the highest ethical standards and an ordinance eliminating terms limits and allowing nepotism did not meet that standard.

Despite the concerns expressed by residents and Council member Vasquez, Ordinance 22-349 passed 4-1 with Bucknum, Goodell, Kelley, and Ruesch in favor and Vasquez opposed. However, in Council comments at the end of the meeting, Bucknum stated that she would not appoint family members and that she would review each appointment without consideration of term limits. It is not clear why she did not vote against the Ordinance if that was her stance during the Council discussion of the issue.

On February 16, 2023, Council member Ruesch was quoted in an OC Register article as follows, “I also made it very clear that I will not be appointing her. That would be wrong. So, there isn’t an appointment coming from me should my wife decide to continue on.” He did not go on record with this assertion during any of the discussions of the Ordinance.

Sources:
City of Mission Viejo Personnel Policy on Nepotism
https://cityofmissionviejo.org/sites/default/files/nepotism_0.pdf

Ordinance 23-349: An Ordinance of the City Council of Mission Viejo amending Sections 2.06.050 and 2.06.160 of Chapter 2.06 of Title Two of the Mission Viejo Municipal Code regarding Commission Selection and Removing Term Limits
https://dms.cityofmissionviejo.org/OnBaseAgendaOnline/Documents/ViewDocument/City%20Council%20Regular%202_14_2023%20%20ORDINANCE%20ON%20MUNICIPAL%20CODE%20UPDATE%20ON%20SECTION.pdf?meetingId=8306&documentType=Agenda&itemId=21299&publishId=21113&isSection=false

City Council Meeting Agendas, Minutes and Videos:
https://cityofmissionviejo.org/departments/agenda-minutes-videos
Note Bene: The Minutes is a summary of statements made by residents and Council members; the Meeting Videos serve as a more accurate record of the meetings.

Commission & Committee Rules:
https://cityofmissionviejo.org/government/commissions-committees/commissions/planning-and-transportation-commission

Orange County Register
https://www.ocregister.com/2023/02/16/mission-viejo-city-council-removes-term-limits-for-city-commissioners/