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HomeMy WebLinkAbout29-City Attorney - ... CITY OF SAN BERNODINO - REQUEST Fc:JI COUNCIL ACTION From: James F. Penman Subject: Resolutions Calling for an Election and Proposing Charter Amendments Dept: City Attorney Da~: January 10, 1992 Synopsis of Previous Council action: Adoption of Charter and various Charter Amendments. Recommended motion: A. Resolution of the City of San Bernardino Submitting to the Electors Proposed Charter Amendments Relating to the Powers and Duties of the Mayor and Council and Requesting That Such Specr~l Municipal Election be Consolidated with the Primary Election Conducted by the County of San Bernardino. B. Resolution of the City of San Bernardino Proposing An Amendment of the Charter of Said City Relating to the Power of the Common Council to Dismiss or Suspend City Employees, To Give The Mayor and Council Certain Appointive Powers, and Authorizing the r~ayor and Council to Establish the Office of City Administrator (continued. . .) Contact person: ,Tames F _ Penman Phone: 5255 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. DescriPtion) Finance: Council Notes: '7.._n~:)f'" AQenda Item No.j7-3 if o 0 Recommended motion: (continued) C. Resolution of the City of San Bernardino Proposing an Amendment of the Charter of Said City Giving the Common Council the Authority to Override an Executive Order of the Mayor by 2/3 Vote. D. Resolution of the City of San Bernardino Proposing an Amendment of the Charter of Said City Providing that the Common Council Shall Select the Chair Who Shall Preside at all Meetings of the Council. E. Resolution of the City of San Bernardino Proposing an Amendment of the Charter of Said City Changing the Term of Office of the Mayor From Four Years to Two Years. F. Resolution of the City of San Bernardino Proposing an Amendment of the Charter of Said City Setting the Salary of the Mayor at 60% of that For a Municipal Court Judge. G. Resolution of the City of San Bernardino Proposing an Amendment./ of the Charter of Said City Transferring Certain Powers Presently Exercised by the Mayor and Council Jointly to the Mayor Alone. H. Resolution of the City of San Bernardino Proposing an Amendment of the Charter of Said City Changing the Dates of the City Primary and General Elections and the Dates On Which Officers Assume Office. o () C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: The Mayor and Common Council FROM: James F. Penman, City Attorney DATE: January 10, 1992 RE: Charter of the City of San Bernardino At the meeting of the Mayor and Common Council held on December 16, 1991, this office was directed to research and report on the various changes in the Charter as they relate to the relative power of the Mayor and the Council and then to recommend appropriate Charter amendments to better balance these powers. According to the Secretary of State, the City of San Bernardino was first incorporated in 1854 and then disincorporated in 1863. On August 10, 1886 the City was once again incorporated and the Charter was adopted on February 5, 1905. As originally enacted the Charter had 13 Articles. Article I was made up of three sections. Section 1 provided that the City would continue as a body politic with the name of the City of San Bernardino. It would have perpetual succession, the power to sue and defend, and it would continue to own the property that had previously been vested in the City. It could have and use a seal, and purchase, receive, hold and sell all types of property. Section 2 set forth the boundaries of the City as they existed at that time, which jurisdiction could be extended to other property. Section 3 provided that the City should be divided into five council wards, the boundaries of which could be changed from time JFP/js/Charter.mem 1 o :) to time to keep the wards in compact form and as equal in population as possible. Article II sets forth the election proceedings for City elections, the requirements for official bonds, and the salaries of certain City officers. The Mayor was to receive an annual salary of $800 and the council members $200. The Mayor served for two years (section 14). Article III related to the Common Council as the Legislative Department of the City. Section 30 outlined that the Council was to consist of five persons, three of which constituted a quorum. Section 36 provided that the Mayor would preside at all meetings of the Common Council but could not vote. It also provides for a Mayor pro tempore. This Article also outlined the subjects of legislation. Section 40 was divided into 26 subsections setting forth specific powers of the Mayor and Council. The first required a vote of the people before real property could be sold. Section 41 provided for the assessment and collection of property taxes and section 42 provided for the process for the equalization of taxes. Article IV related to the Executive Department of the City. The power and authority of the Mayor is discussed in Sections 50, 51, 52 and 53. Section 50 reads the same as the current version of the Charter except that it provides for a 5 year residence period in order to serve as Mayor. Section 52 allows the Mayor to suspend a City appointive officer for dereliction, neglect or non- performance of duty and to report such action to the Council. The Council after a hearing can declare the office vacant, continue the suspension or presumably overrule the Mayor and terminate the suspension. This section did not contain a provision, as it now JFP/js/Charter.mem 2 o o does, allowing the Mayor to discharge officers and employees. The section also imposed a duty on all city employees who know that a city agreement has been or is about to be violated to report the circumstances to the Mayor. Willful failure to do so could result in dismissal. Also included in the Executive Department was the City Attorney (section 55), the City Clerk (section 60) , the City Assessor (section 65), the Treasurer (section 70) , the Ci ty Engineer (section 80), and the Superintendent of Streets (section 85) . Article V provided for a police judge and a pOlice court. Article VI established a Health Department supervised by a Board of Health. Article VII outlines the initiative process (section 120), the referendum process (section 121) and the recall (section 122). Article VIII covered revenue and finance for the City. It provided for the annual creation of a budget (section 130) and required that by 1907 the assessment and collection of property taxes be turned over to the County (section 131). It provided for the receipt (section 131) and payment of claims against the City (sections 136 to 139). Section 134 prohibited the City from accruing a debt or liability in excess of the available money in the treasury which could legally be appropriated for such purpose. Section 141 prohibited monies being transferred between funds except that by 2/3 vote the council could approve money going from the general fund to a specific fund. Article IX established and governed the Water Department. Article X established and governed the Police and Fire JFP/js/Charter.mem 3 o o Departments, but did not have the current section 186 relating to salaries, etc. Article XI established and governed the school department. Article XII established and governed the free public library. Article XIII contained a compilation of subjects under the heading "Miscellaneous". Section 224 provided that where the Charter did not provide for a matter, the general laws would apply. Section 228 covered conflicts of interests. 1. On December 8, 1908, the first amendments to the Charter were approved. Section 195 was amended relating to the admission of nonresident school children to the city schools. Section 182 was amended to change the date on which the Chief of Police must be appointed and to increase his salary as tax and license collector by the amount of 1% of the amount collected. Section 238a was added to the Charter to limit the time of any worker on public works to 8 hours per day, to require that such workers be citizens of the United States, and to set the minimum wage for such workers at $2.00 per day. 2. On April 18, 1913, the voters approved an amendment to Section 133 to allow the City to make findings in relation to municipal improvements by resolution as well as by ordinance and rather than the debt not exceeding $350,000, that it not exceed 15% of the assessed value of the property in the City. 3. On March 18, 1919, the voters approved amendments to the Charter increasing the salary of the Mayor to $1,500 per year, and the salary of the council members to $300 per year, all payable monthly. 4. On April 11, JFP/js/Charter.mem 1921, the voters approved five charter 4 o o amendments with the following effect. A. Added a provision to Section 1 giving the City full authority to "make and enforce all laws and regulations in respect to municipal affairs." B. Repealed Section 10 relating to the adoption of general election laws. C. Added a new subsection to Section 40 also giving the Mayor and Council power to legislate with respect to municipal affairs. D. Repealed Section 224 relating to municipal affairs. E. Repealed Section 234 which had required ordinances to be limited to one subject, which subject was to be reflected in the title, and which required that each ordinance section amended must be re-enacted at length, as amended. 5. At an election held on March 15, 1921, the voters amended Section 133 to raise the limit on indebtedness for public improvements from 15% to 25% of the assessed value of all of the real and personal property of the City. 6. On November 7, 1922, Section 14 was amended to make the office of Treasurer separate from that of Police Judge. 7. The voters on November 4, 1924, added Sections 246 to 261 to the Charter establishing a Civil Service System and a Civil Service Board. Section 256 added for the first time the power of the Mayor to dismiss employees "for the good of the service" with the approval of 2/3 of the Council. In addition subdivision 19 of Section 40 was amended to change the power of the Mayor and Council to dismiss "such pOlicemen and other subordinates, officers and employees" and to add the power to fix qualifications. Section 52 was also amended to give the Mayor the power to dismiss employees JFP/js/Charter.mem 5 o I:) for "dereliction, neglect or non-performance of duty" where previously he only had the power to suspend in such circumstances. In the same election the voters deleted the power of the City Engineer, the Water Board, and the Library Board to remove subordinates at their pleasure, added references to the Civil Service with reference to the pOlice and fire departments, and removed the general power of officers to remove classified employees at their pleasure. The amendments also specified that the Mayor and Council had the responsibility to prescribe the number, qualifications and compensation of the city employees in the offices of the City Attorney, City Treasurer and City Clerk, which employees would serve the pleasure of the appointing officer. 8. On April 13, 1925, an election was held amending section 190 of the Charter to, among other things, divide the City Schools into a school district and a high school district and to establish the powers and qualifications for the Board of Education. The amendment also repealed Sections 192, 193, 195, 196, 197, 198 and 199 which as a result of the amendment of 190 and 191 became unnecessary. 9. Thereafter for ten years the Charter was not further amended until April 8, 1935, when several amendments were adopted. Section 160 was amended to increase the term of members of the Board of Water Commissioners from four years to six, to delete any reference to the pOlitical party preference of such commissioners and to provide for their removal by 4/5 vote of the Council. Section 164 was amended to allow the Council to monthly transfer from the Water Fund not more than 10% of the revenues of the Water Department in the previous month. Section 163 was amended to grant JFP/js/Cbarter.mem 6 o o to the Water Board the responsibility of the Sewer System of the Ci ty. Section 140 was amended to increase from three hundred dollars to five hundred dollars the value of supplies or materials that could be purchased by the City without bid. A new Section 10 was added to provide for a City primary election to be held on the third Monday in March of each odd numbered year, and a City general election to be held on the following second Monday in April. 10. In an election held on March 15, 1937, seven Charter amendments were approved. Section 181 had originally provided that the pOlice force must not exceed one officer for each one thousand five hundred inhabitants of the City. This Section was amended to provide that the pOlice force could not exceed one officer for each one thousand inhabitants. Sections 24B and 24D were amended to delete the actual salaries for the City Clerk and the Police Judge and to provide that such compensation would be fixed by the Mayor and Common Council. Section 163 was amended to expand the sewer responsibilities of the Water Department. A new Article XII.A. was added to create a Park Commission and Park Department. Section 24 was amended to increase the salary of the Mayor to $3,000 per year, and Section 24A was amended to increase the salary of the Councilmembers to $600.00 per year. 11. On March 20, 1939, the voters, approved the addition of a new Section 181 A to provide minimum salaries for pOlice officers. 12. At an election held on November 3, 1942, a new Section 16 was added to the Charter to specifically allow a leave of absence without pay to City employees entering the armed forces. Section 181 was amended to delete the limitation on the number of police JFP/js/ChBrter.mem 7 o o officers in the City. Section 60 was amended to remove from the responsibilities of the City Clerk the reporting of the condition of the City Treasury and the necessity to report to the Mayor and Council an estimate of the probable necessities of the City for the coming fiscal year. 13. On May 16, 1944 the Charter was further amended to add Section 234 to require the City to use due diligence to contract with the State Employees Retirement System and authorizing the City to impose a tax to fund the cost of such contract. 14. This election was followed the same year by another election held on November 7, 1944 to increase the salary of the City Attorney to $3,000 per year and amending Section 140 to exempt purchases from other governmental entities from the requirement of bidding and allowing bidders to post a bidder's bond, cashier's check or cash in addition to a certified check, and allowing the posting of cash as an alternative to a faithful performance bond. 15. On March 19, 1945, the voters again approved an amendment to Section 24 increasing the Mayor's Salary to $4,800 per year. Section 234 was added allowing reimbursement to elective officers for travel expenses. In addition Section ll-A was added to provide for the Mayor and Common Council to fix the compensation for election officers. 16. At an election held on April 11, 1949 the voters approved three amendments to the Charter: The first subdivision of Section 40 was amended to allow the people to approve the sale of real property at any general or special municipal election rather that being limited to the "next general municipal election". Section 140 was amended to increase the maximum on purchases without bid to JFP/js/Chsrter.mem 8 o o $1,000. Section 10 was amended to provide that the primary election would be on the third Tuesday in March instead of the third Monday, and the general election would be on the second Tuesday in April instead of the second Monday. 17. At the election held on March 20, 1951, the voters added Section 10-A to provide that candidates who receive a majority of all ballots cast at a primary election are thus elected to the office. Sections 82 and 87 were added to include the City Engineer and the Superintendent of Streets within the Classified Service. 18. On April 12, 1955, Section 55 was amended to provide that the City Attorney was to be a full time position and not allowing him to engage in private practice. It imposed the requirement that he must have been a practicing attorney for at least five years. It provided that the salary of the City Attorney was to be set by the Mayor and Common Council but could not be less than $7,500 per year. Section 24-C, which previously set the salary of the City Attorney, was repealed. Section l4-A was added providing that a vacancy on the Council was to be filled by appointment by the Mayor and Common Council. Section l8l-A was repealed and Section 186 was added relating to the salaries and classifications of the police and fire departments. 19. On June 5, 1956 Section 41 was amended to delete the exclusion of the high school tax from the limit on the taxation which may be imposed by the City. Also amended was Section 133 to substantially revise the provisions relating to General Obligation Bonds. 20. By election held on subsection of Section 40 was March 19, amended to 1957, the sixteenth expand the language JFP/js/Charter.mem 9 o .:) relative to the power of the Mayor and Council to maintain and operate drains and sewers. Sections 134 was amended to provide for the amounts and collection of sewer charges. Section 147 was amended to allow sewer costs to be paid for out of the Street Fund. Section 149 was amended to expand the language relative to what may be funded from the Sewer Fund. Also the third subsection of Section 163 was amended to specifically authorize the Board of Water Commissioners to manage and extend the City Sewage Disposal Plant and certain outfall sewer lines. 21. On June 3, 1958 the voters amended Section 246 to expand the Civil Service Board from 3 members to 5. Section 51 was amended to delete the power of the Mayor and Council to fill a vacancy on the Council. Section 140 was again amended to increase the maximum amount of supplies and materials that could be purchased without bid to two thousand dollars. 22. At the election held March 17, 1959 the salary of the Mayor was increased to $7,200 per year by amending Section 24. 23. On March 21, 1961 Section 10 was amended to change the primary election from March to the first Tuesday in February of each odd numbered year. Article XI, Sections 190, 191, 192 and 193 relating to the City Schools and the Board of Education was rewritten. Section 31 was amended to provide for emergency or urgency ordinances and to delete the explanation of what ordinances and resolutions are. 24. By election held on February 5, 1963, the voters added Section 116 to the Charter to allow the City to contract with the County for public health matters. Section 11 was amended relating to the canvas of City elections and the declaration of the result JFP/jo/Charter.mem 10 - - - - o o thereof. 25. At the election held on February 2, 1965, the voters approved an amendment to Section 141 of the Charter to expand the authority to transfer money between specific funds and to delete the required approval of the mayor for such actions where the Council must act by 2/3 vote. It is interesting to note that at this election by wide margins the people defeated proposals to expand the Mayor's term to 4 years and to make the Mayor a full time position. 26. The following year at an election held on June 7, 1966, Section 3 was amended to increase the number of wards from 5 to 7. Section 10 was amended to allow the City to conduct an election even if the amendment to Section 3 is not approved by the legislature before 90 days before the election date. Other Sections (13, 14, 30, 31, 136, 160, 215, and 219) were amended to be consistent with the larger Council. Section 53 relating to the calling of special meetings was repealed. Once again the voters defeated a proposal to make the Mayor's term of office 4 years. Section 182 was also amended, revising the provisions relative to appointment of a chief of pOlice. 27. On February 4, 1969, the voters approved an amendment to Section 33 to provide that ordinances would be published once instead of for 3 consecutive days. Sections 60 and 135 were amended and Sections 136, 137, 138, 237 and 238 were repealed to simplify the payment of claims. Sections 213 to 218 were amended to provide for a Parks and Recreation Commission consisting of 9 members and a Park and Recreation Department. Section 249 was amended to revise the veterans' preference in Civil Service exams. JFP/js/Charter.mem 11 .- o o 28. On February 2, 1971, the voters approve an amendment to Charter Services 13, 14, and l4-A requiring a one year residency requirement for the office of council member and requiring an election to fill vacancies on the Council. 29. At the election of April 13, 1971, again a proposal to increase the term of office of the Mayor to 4 years was proposed and defeated. Section 55(d) was amended to transfer the duties, responsibilities and costs of prosecutions of violations of State law from the City Attorney to the District Attorney. In addition Section 160 was amended to increase the Water Board from three to five members. 30. On February 6, 1973, Charter Section 186 was amended to revise the titles and classifications for local safety officers in the Fire and Police Departments. Section 235 was amended to establish a one year residency requirement for City Clerk and City Treasurer and to eliminate the citizenship and residency requirements for appointive officers. Section 40(a) of the Charter was amended to eliminate the need for an election to sell City property and requiring instead that property with a value in excess of $2,000 must be sold by competitive bid. An amendment to Section 14 was overwhelmingly approved by the voters to increase the term of Mayor from two years to four years. Various sections were repealed to eliminate references to pOlice judge, pOlice court, ci ty assessor, board of health and city marshall; provisions relating to duties or salaries of officials ending in May, 1907; charter conflict of interest provisions; citizenship requirements, the hours per day and minimum wage of laborers on public works projects as enacted in 1908; and provisions relating to JFP/js/Charter.mem 12 o o discrimination, political assessments and political activi ties involving city employees. Article XI was amended to remove the requirement that members of the Board of Education must be elected at large and'eliminated references to the old school districts and their boards existing prior to the unification. It also required the Board of Education to convene during the first half of July of each year and to elect a president and to pass all orders by four affirmative votes. Section 135 and 143 were amended and various other sections were repealed to provide that claims processing, creation of funds and transfer between funds would be in conformity with state law except as prescribed by ordinance. 31. At the election held on June 4, 1974. Sections 10, 13 and 14 of the Charter were amended to change the Municipal Primary Election from the first Tuesday in February of each odd numbered year to the first Tuesday after the first Monday in March of each odd numbered year, to change the General Election from the second Tuesday in April to the first Tuesday in May of each odd numbered year, and to likewise adjust the dates on which elected officials take office. Section 24 was amended to make the office of Mayor full time with the salary to be set by the Council. Section 163 was amended to allow the Board of Water Commissioners to incur indebtedness not exceeding the income provided for the year. Finally Section 140 of the Charter was amended to raise to $3,000 the limit on purchasing supplies without competitive bidding. 32. On November 5, 1974, the voters approved an amendment to Section 253 of the Charter raising the maximum probationary period for employees from 6 months to 1 year. Section 243 was repealed to eliminate the requirement that claims to be published each month in JFP/js/Chsrter.m... 13 .-.-- o o the newspaper. 33. On June 8, 1976, Section 186 was amended to add the provision to set salaries for the Police and Fire Department by comparison with ten California Cities. Section 122 was amended to provide for additional procedures for recall. 34. On November 2, 1976, Section 15 of the Charter was amended making an office vacant when an elected official ceases to be a City resident and removing residency requirements for appointive officers and absentee regulations relating to any City officer. Sections 13, 14, 50, 55(b) and 235 were amended to provide for a City residency requirement of at least 30 days for elective officers. Sections 80, 81, 82, 85, 86, 87 and 218 were repealed to place the City Engineer, Superintendent of Streets and Director of Parks and Recreation in the unclassified Civil Service and permitting their duties to be prescribed by ordinance. 35. On June 6, 1978 the voters rejected proposals both for a full time president of the Council and to remove the power of the Mayor to disapprove orders of the Council passed by four affirmative votes. 36. At the March 6, 1979, election the voters approved an amendment to Section 24 of the Charter to prohibit any increase of the salary of the Mayor except after approval of the voters. The voters defeated a proposal to limit the Mayor or a council member from serving more than 3 consecutive full terms of office. Also defeated was a proposal to have the Mayor pro tempore preside at all meetings of the Council and to remove the power of the Mayor to preside. In addition the voters defeated a proposal to remove the Ci ty Attorney, Ci ty Clerk and City Treasurer from the Mayor's JFP/js/Chsrter.mem 14 o C) supervision. The voters also rejected a proposal that only the summaries of ordinances need to be published. Section 14-A was amended to remove a conflicting residency requirement and Sections 22, 42, 45, 55 ( f) and (g) and 233 were repealed concerning sureties, undergrounding of wires, the Common Council sitting as a Board of Equalization, and the yearly fixing of advertising and printing rates. 37. On November 6, 1979, Section 140 was amended to provide that the purchase of personal property in excess of an amount set by ordinance would be by competitive bid. The voters again defeated a proposal that summaries of ordinance could be published. 38. On June 3, 1980, the City voters rejected a proposal to repeal Section 186. 39. At the election of May 5, 1981 the votes approved an amendment to Section 186 to authorize supplemental pay to paramedics and supplemental educational and longevity pay to police and fire safety employees. 40. On November 3, 1981, the voters rejected a residential rent control measure which would have added a new Article VI-A to the Charter. 41. On November 5, 1985, Charter Section 186 was amended to compensate fire fighters at time and a half for overtime. 42. At the election of November 8, 1988, Section 55(d) was amended to allow the City Attorney to prosecute certain violations of state law including drug or vice related violations. 43. On March 7, 1989, Section 234 C of the Charter was repealed to delete the power of the City to impose a tax to fund the City employees' retirement program. JFP/jB/CbBrter.mem 15 o o 44. On November 7, 1989, Section 40(r) of the Charter of the City was amended to allow the City to make violations of City ordinances either misdemeanors or infractions and to delete the maximum penalty. J ~ mes F. Penman ity Attorney JFP/js/Charter.mem 16 o o 1 2 3 4 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY GIVING THE COMMON COUNCIL THE AUTHORITY TO OVERRIDE AN EXECUTIVE ORDER OF THE MAYOR BY 2/3 VOTE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recitals. 7 (a) In accordance with the Constitution of the State of 8 California, the City of San Bernardino, a municipal corporation, 9 has adopted a Charter. 10 (b) The Mayor and Common Council of the City of San 11 Bernardino desire to submit to the electors the Charter Amendment 12 set forth in this resolution. 13 SECTION 2. Submittal to Electors. The following proposed 14 amendment to the Charter of the City of San Bernardino is 15 submitted to the qualified electors of the City of San Bernardino 16 for their approval or rejection at the consolidated municipal 17 election to be held on Tuesday, June 2, 1992. 18 PROPOSED CHARTER AMENDMENT NO. 19 It is proposed that Section 39 be added to the Charter of the City 20 of San Bernardino to read as follows: 21 Section 39. Power to Override Mayor. Any 22 executive order of the Mayor made either 23 formally or informally may be overridden, 24 amended, revised or withdrawn by a two- 25 thirds (2/3) vote of the Common Council. 26 27 28 DAB/js/Chartl.Res January 10, 1992 1 ~q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTI:ON OF THE CI:TY OF SAN BERNARDI:NO PROPOSI:NG AN AMENDMENT OF THE CHARTER OF SAI:D CI:TY GI:VI:NG THE COMMON COUNCI:L THE AUTHORI:TY TO OVERRI:DE AN EXECUTI:VE ORDER OF THE MAYOR BY 2/3 VOTE I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1992, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this of , 1992. day W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney /) O&vv, DAB/js/Chart1.Res January 10, 1992 2