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HomeMy WebLinkAbout35- Council Office ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Council Member Marquez Subject: REVIEW AND APPROVE BALLOT LANGUAGE FOR CHARTER Dept: Council Office AMENDMENT TO MAKE CITY CLERK, CITY TREASURER, AND Date: July 1, 2010 CITY ATTORNEY APPOINTED POSITIONS, SUBJECT TO REVIEW BY OUTSIDE LEGAL COUNSEL. M/CC Meeting Date: July 6, 2010 Synopsis of Previous Council Action: On June 30, 2010, the Mayor and Common Council approved the following motion: "That a proposed Charter change to make the positions of City Attorney, City Clerk, and City Treasurer appointed positions be placed on the November 2010 ballot." Recommended Motion: Approve ballot language for proposed charter amendment to make the City Clerk, City Treasurer, and City Attorney appointed positions. Direct City Clerk to have outside legal counsel review ballot language and bring back all necessary documents to place the measure on the November 2010 ballot. Sign re Contact Person: Council Member Marquez Phone: 5188 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Finance: Council Notes: Agenda Item No. &57 -$1110 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Review and approve ballot language for charter amendment to make City Clerk, City Treasurer, and City Attorney appointed positions, subject to review by outside legal counsel. Background: On June 30, 2010, I made the following motion at our meeting: "That a proposed Charter change to make the positions of City Attorney, City Clerk, and City Treasurer appointed positions be placed on the November 2010 ballot." The motion was approved by the Common Council. As the maker of the motion, I am now bringing forward suggested charter amendment language for the November 2010 ballot measure for review and consideration by the Common Council. My suggested charter amendment language for the ballot measure is contained in the attached document. The attached language was prepared by a citizens group in our community and has already been reviewed by outside legal counsel. I am recommending this charter amendment language for two reasons: 1. The charter amendment language was prepared by the citizens of our community, not politicians; and 2. The charter amendment language has been reviewed, and the required ballot title and ballot summary has been prepared, by outside legal counsel. This legal work by outside counsel was paid for by the City, and there is no need to spend additional taxpayer dollars to do the same work again. Fiscal Impact: None by this action. Recommendation: Approve ballot language for proposed charter amendment to make the City Clerk, City Treasurer, and City Attorney appointed positions. Direct City Clerk to have outside legal counsel review ballot language and bring back all necessary documents to place the measure on the November 2010 ballot. 111P proposed charter amendment reads as follows: SECTION 1. Section 14 of the Charter of City of San Bernardino is amended to mead: "Section 14.Officers and Terms.There shall be elected at its general election in 1996 and every fourth year thereafter,four members of the Common Council, one each from the Third,Fifth, Sixth and Seventh Wards, who shall have been qualified electors and residents of their respective wards for at least thirty(30)consecutive days next preceding the date of filing of their nomination papers for the office and who shall be elected by the qualified electors of their respective wards for a term of four years commencing on the fast Monday in March next succeeding such election. There shall be elected at the general election in 1998 and every fourth yea: thereafter, a Mayor who shall be elected at large for a term of four years commencing on the first Monday in March next succeeding such election." SECTION 2. Section 55 of the Charter of the City of San Bernardino is amended to read: "Section 55. City Attorney-Position-Duties. (a) There is hereby created the position of City Attorney. The City Attorney shall be appointed by and may be removed by the affirmative votes of at least a majority of the total membership of the Common Council with the consent of the Mayor. "(b)To be eligible to hold the position of City Attorney, the person appointed shall be an attorney at law, duly licensed under the laws of the State of California, and shall have been engaged in the practice of law for at least five(5)years prior to appointment. The Mayor and Common Council may establish by ordinance additional professional or educational eligibility requirements for the position of City Attorney. "(c) The City Attorney shall be the chief legal officer of the City; the City Attorney shall represent and advise the Mayor and Common Council and all City officers in all matters of law pertaining to their offices;the City Attorney shall represent and appear for the City in all legal actions brought by or against the City,and prosecute violations of City ordinances,and may prosecute violations of state law which are misdemeanors or infractions and for which the City Attorney is specifically granted the power of enforcement by state law without approval of the District Attorney, or those violations which are drug or vice related;the City Attorney shall also act and appear as attorney for any City officer or employee who is a party to any legal action in his or her official capacity; the City Attorney shall attend meetings of the Common Council,draft proposed ordinances and resolutions,as requested by Mayor or Common Council, give professional advice or professional opinions in writing when requested to do so by the Mayor or Common Council or other City official upon any matter pertaining to municipal affairs;and otherwise to do and perform all services incident to the position of City Attorney and required by statute,this Charter or general law. "(d) The Mayor and Common Council shall have control of all legal business and proceedings. The salary of the City Attorney shall be fixed by the Mayor and Common Council. The City Attorney shall be provided with office space and equipment, and clerical help by the City." SECTION 3. Section 60 of the Charter of the City of San Bernardino is amended to read: "Section 60. City Clerk-Position-Duties. (a)There is hereby created the position of City Clerk. The City Clerk shall be appointed by and may be removed by the affirmative votes of at least a majority of the total membership of the Common Council with the consent of the Mayor. "(b)To be eligible to hold the position of City Clerk,the person appointed shall be a Certified Municipal Clerk in accordance with the International Institute of Municipal Clerks. The Mayor and Common Council may establish by ordinance additional professional or educational eligibility requirements for the position of City Clerk. "(c)The duties of the City Clerk shall be to keep the corporate seal and all books,papers,records and other documents belonging to the Office of the City Clerk, attend all meetings of the Mayor and Common Council and keep a journal of the proceedings. The City Clerk shall have full power and authority to take all affidavits and administer all oaths necessary in the transaction of city business,but shall make no charge therefore. The City Clerk's official books and records shall be kept properly indexed and be open to public inspection during office hours. The City Clerk shall number and keep a record of all demands allowed and certified to the City Clerk, showing the date of approval,to whom the same is allowed,the nature of the claim,and the find out of which the same is payable. The City Clerk shall issue all licenses and countersign all warrants on the City Treasury, except warrants of the boards, and shall do and perform all other acts required of the City Clerk by this Charter,or by ordinance,or by the Mayor and Common Council. "(d)The salary of the City Clerk shall be fixed by the Mayor and Common Council. The City Clerk shall be provided with office space and equipment,and clerical help by the City." SECTION 4. Section 70 of the Charter of the City of San Bernardino is amended to read: "Section 70. City Treasurer-Position-Duties. (a)There is hereby created the position of City Treasurer. The City Treasurer shall be appointed by and may be removed by the affirmative votes of at least a majority of the total membership of the Common Council with the consent of the Mayor. "(b)To be eligible to hold the position of City Treasurer,the person appointed shall be a certified public accountant,duly licensed under the laws of the State of California,prior to appointment The Mayor and Common Council may establish by ordinance additional professional or educational eligibility requirements for the position of City Treasurer. "(c)The City Treasurer shall receive and pay out all moneys belonging to the City, and shall keep an account of all receipts and expenditures,under such rules and regulations as may be prescribed. The City Treasurer shall make a monthly statement to the Mayor and Common Council of the receipts and expenditures of the preceding month, and shall perform all duties required of the City Treasurer by law and by the Mayor and the Common Council. The City Treasurer shall not pay out any monies belonging to the City except on claims presented,allowed and submitted in the manner provided by this Charter. "(d)The salary of the City Treasurer shall be fixed by the Mayor and Common Council. The City Treasurer shall be provided with office space and equipment,and clerical help by the City." SECTION 5. Section 241 of the Charter of the City of San Bernardino is amended to read: "Section 241. Employment of Legal Counsel. The Mayor and Common Council shall have power and authority to employ and engag, such legal counsel and services and other assistants, as may be necessary and proper for the interest and benefit of the City and the inhabitant thereof." SECTION 6. This amendment to the Charter of the City of San Bemardino, and each and every section and provision hereof,shall take effec by March 1,201 L SECTION 7. This amendment to the Chatter of the City of San Bernardino is severable,and,if any sentence,section or other part of this charm amendment should be found to be invalid, such invalidity shall not affect the remaining provisions,and the remaining provisions shall cominm