Citizens’ Advisory Board does not conform with charter, attorney finds

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At a Springfield City Council workshop on March 2, City Attorney Jordan Paul acknowledged an inadvertent oversight resulting in the structure of an advisory board not conforming with the city’s charter.

The Citizens’ Advisory Board makes recommendations to council on how to spend money from the half-cent portion of the Spring Forward SGF sales tax, passed by voters in November 2024. A review by Paul has found the CAB to be misaligned with Article XV of the charter.

Specifically, there are three components that do not align, according to Paul. The charter requires two-year city residency prior to appointment, but the resolution forming the CAB allowed one year of either living or working in the city. The charter requires the board to elect its own chair annually, but for the CAB, City Council appointed a chair and vice chair. And finally, the charter requires exactly nine members, but the resolution allowed seven to 11 members.

Paul said the exposure presented by the issue is negligible, and past actions remain legally valid. He said, however, that the issue should be corrected for the future, and he offered a draft resolution to realign the CAB’s structure.

Paul suggested the CAB not make recommendations until the issues are corrected.

In Paul’s presentation, he stressed that the volunteers from the CAB did nothing wrong and were appointed through a public and transparent process.

He added that they have served diligently and in good faith, and the issue with the board’s composition is not attributable to them in any respect. Further, he said he was not aware of any conduct by any member that concerns him.

“Local government works because community members like these are willing to donate their time, experience and talents for the public good,” Paul noted in his presentation.

The CAB has made only unanimous recommendations on every funding recommendation, and council is the final decision-maker, Paul noted. He added that two of the eight members, or 25%, are non-residents of the city, which is not in alignment with the city charter, but no recommendation has turned on their presence or participation.

Paul said he was present on Dec. 17 when council discussed board composition, including residency and member count, but he was not asked to provide a legal opinion.

“In hindsight, the transition from a task force to an advisory board carried Article XV implications that were not recognized,” he said in his slide presentation. “As city attorney, it is my responsibility to ensure charter alignment, and I take accountability for not identifying that issue at the time.”

Mayor Jeff Schrag suggested that moving forward, all city boards and commissions be reviewed.

Councilmember Brandon Jenson said it is beneficial to have the expertise of the two non-resident members, even if they are not participating as voting members. He added that it would not be helpful for council to give the board further information until the reconstituted board is in place.

Schrag said he is still determining whether to send the draft resolution to a committee or straight to council.

The issue was first raised by Springfield resident and government observer Linda Simkins in a Feb. 23 letter to council.

The meeting is still ongoing at the time of publication, and this story will be updated.