HomeMy WebLinkAbout05-13-2014 Agenda & Backup City of San Bernardino
Volunteer Citizen-Based Charter Committee
Agenda
Time: 5:30 p.m. to 9 p.m.
Date: Tuesday, May 13, 2014
Place: EDA Board Room 201 N. E Street, San Bernardino, CA 92418
The City of San Bernardino recognizes its obligation to provide equal access to public services to those
individuals with disabilities. Please contact the City Clerk's Office (909) 384-5102) one working day prior to
the meeting for any requests for reasonable accommodation, to include interpreters.
Anyone who wishes to speak on an agenda item will be required to fill out a speaker slip. Speaker slips should be
turned in to the City Clerk,who will relay them to the Committee Chair person. Public comments for agenda items
are limited to three minutes per person.
Roll Call
PLEDGE OF ALLEGIANCE
CHAIR'S COMMENTS
PUBLIC COMMENT(LIMIT 30 MINUTES)
ACTION ITEMS
1. Approval of minutes from Meeting Five.
2. Reconsider Charter Reform Principles & Objectives.
3. Consider Further Recommendations to City Council
• Replacement Language for Section 186
• Amendment or Repeal of some or all of Article X of Charter
• Modification of Charter Provisions Concerning the Water Department.
• Such Others as Committee Members May Suggest
4. Determine Manner of Presentation of Initial Recommendations to City Council.
5. Determine Recommendations to Concerning Ongoing Charter Review Process.
6. Agree on Time and Date of Next Meeting.
ADJOURN
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Minutes Packet
(Draft Minutes and handouts
from 5/6/ 14 meeting)
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Volunteer Citizen Based Charter Committee
Meeting 5 —Tuesday, May 6, 2014
DRAFT Minutes
The meeting came to order at 5:30 p.m. in the EDA board room,with Committee members
Casey Dailey,Dennis Baxter, Gary Walbourne,Hillel Cohn, Michael Craft, Hardy Brown,Phil
Savage, Tom Pierce and Gloria Harrison Present. Also in agettiance were City Attorney Gary
Saenz, City Manager Allen Parker, Facilitator Bill Mathis*V' ed late) and City Clerk Gigi
Hanna.
Committee chairman Phil Savage called the meeting to order, Clerk Hanna read the roll call and
the group recited the pledge of allegiance.
Chair Savage said that he had a few more items to add to the Principles and Objectives list the
committee had adopted at its April 29 meeting:
• PRINCIPLES & STANDARDS. The Charter should set forth guiding principles and
standards, not detailed rules and procedures
• ENABLING. The Charter should be designed to enable the City to operate in an
efficient,businesslike manner.
He asked that the matter be agendized for reconsideration at the May 13 meeting.
He discussed the procedures the committee would be following in the remaining two meetings.
He said the May 13 meeting would be where the committee would be finalizing its
recommendation for the Council and that the group may need an additional meeting to work on
the presentation. The committee decided that if it needed an additional meeting, Saturday,May
17 at 1 p.m. would be the preferred day.
After questions from committee members,the City Attorney advised the committee that May 19
is the deadline for the committee to make a recommendation to the council,that specific
language (for any proposed Charter amendments) does not need to be finalized by that date.
There were no requests to speak under Public Comment.
ACTION ITEMS
1. Approval of Minutes.
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The committee approved the minutes from Meeting Four,with minor changes on page 9 and
page 11.
2. Input from the department heads, city commissioners, employee groups and City Manager
on Charter changes that will most help the City financially.
Allen Parker,passed out documents that had been requested at the previous meeting to explain
the benefits for fire and police. (Documents attached). He said the documents were self-
explanatory and provided no further report on them.
Parker said police and management are still negotiating and have not resolved any language to
present to the committee,which he hoped to have something to present to the committee at its
next meeting.
Regarding Presentation by the Firefighter's Association on Charter Section 186. Kenneth
Konior said he was not at the meeting to represent Local 891,the Firefighter's Association,but
rather at the request of Committee Member Gary Walbourne,who wanted him to comment on
some of the data Konior has released via social media. Konior said he had analyzed Section 186,
using numbers he obtained from publically available documents available on the city web site,to
counter what he said described as one-sided media coverage of the topic. He said one reason that
Local 891 was unable to make a presentation was pending litigation and the gag order placed on
0 parties involved in the bankruptcy.
Konior said his findings were in the document handed out by Steve Tracy, Firefighter
Association President, at the committee's April 29 meeting, entitled: "Charter Section 186;A
Fire Department Perspective."
Konior then discussed various aspects of the document. He said that since the bankruptcy,no one
in public safety has received any kind of a raise. Any fractional percentage of increase or
decrease in salary under the auspices of Section 186,there's also been a significant concession to
offset what that was,he said. He said that despite media coverage highlighting the$1 million
raise given to public safety,his part of that amount was 17-cents-per-hour and this year it was 6-
cents-per-hour, offset by a 14 percent concession. Konior said the same had been true for the past
four years. He said it isn't always a raise,that in 2010/11,his position received a pay cut.
He said that since 2009, the fire budget, like the City's,has steadily declined while call volume
has increased. Dailey asked what he attributed the 25 percent increase in calls over the short
period of time to and Konior said it was unclear. He mentioned the Citygate Associates analysis
of the department, and said that he believed the answers would be in that study, due to the
Council in June.
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He said that 186 does not tie management's hands, and that the increases received over the last
few years, offset by concessions defeats that argument. Dailey pointed out that of the 56 cities
used in the Section 186 salary-setting process, eight are in the Inland Empire and asked if it was
fair to assume that San Bernardino would need to compete with Bay Area cities to attract
employees?
Konior said he did a local total comp study and that compares San Bernardino with other local
cities. That considers not just salary,but fringe benefits,health benefit,post-employment health
benefits—benefits that other local cities provide that San Bernardino does not. He said he did a
study based on his position and he came out near the bottom,when compared to similar positions.
in local cities. Did it for himself and said he come out near the bottom when compared to local
departments.
Craft asked for clarification about the formula for determining the cities used in the salary
survey.
Helen Tran, Human Resources Division Manager, said the city uses a list of cities with 100,000
to 250,000 populations,with 57 cities meeting that criteria this year. Once the City completes its
survey of the 57 cities,the 10 in the middle are chosen to determine the Section 186 salary level.
Konior said he had analyzed and compared the hourly wage for entry level positions for local
cities, and added San Bernardino's EPMC concession into the equation. Harrison questioned
why the numbers did not include the median income for city and county. Pierce said the numbers
do not discuss what the average firefighter earns,just entry level, and no discussion of overtime.
In response to a question by Brown regarding whether the hourly wages were based on a 40-hour
or a 56-hour work week, Konior said it was the latter and explained that cities use the total
monthly hours to determine hourly wages.
He discussed back-fill vs. overtime costs and said that overtime involves cost recovery
opportunities; that back fill is what the department does to maintain daily operations.
Pierce asked if backfill is paid at standard rate and Konior said that depends on the work period
versus work week. Committee members asked if backfilling was common in the industry and
Konior replied that it is.
He said a work period can be anywhere from 7 to 28 days, and the City went to a 24-day work
period about five years ago; for any hours worked in excess of 182 hours, fire personnel incur
premium pay. The issue is currently in litigation, he said. He explained how firefighters' shifts
work in the city. He said it is more cost effective to back fill rather than hire more people.
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Harrison asked what concessions included. Konior said it included, in the 2009/10 year, a 10
percent negotiated concession, and the next year it was imposed, leading to a $1,432-per-month
salary deduction from February through June 2011.
Konior explained the reason for specific staffing levels and response times within four minutes.
He said he doesn't know how often the City department meets that time factor,but expected that
the Citygate report will cover that. He pointed out several (NFPA 17 10)benchmarks for proper
fire response times.
Baxter asked how many cities local cities pay the full 9 percent employee share of PERS. Konior
said Redlands,Riverside, Corona and Colton. Redlands Fire agreed a few years ago to the pay
the employee share,but it was introduced incrementally over several years, in exchange for
longevity pay. Baxter asked if that agreement had come via collective bargaining and Konior
said it had.
Craft discussed an incident in his neighborhood from five years ago,when a young boy was
trapped on the second floor of the home and said he is struggling with a way to get the extra
firefighter on the truck to avoid similar situations. Konior said that in a life-safety situation,
whether there are three or four people on scene, they will go into the house.
Cohn asked what the appropriate number of stations are for the city; Konior said he expected the
Citygate study to have that estimate and he anticipates that the consultant will recommend more
stations. There was discussion of the staffing levels of the city's twelve stations.
Craft asked about whether the city could forecast where the need for fire service is, and Konior
said there is no way to anticipate that.
He closed his presentation questioning the goal is for repealing Section 186. He questioned the
consequences of such a move and said he doesn't believe it will cause the city to become solvent,
get potholes filled, street lights working, improve the organizational structure of the city or make
employee negotiations simpler.
Parker said he wanted to respond to the presentation from a manager's perspective, and said that
fire suppression is risk management and,risk management always comes down to what one can
afford. He has asked the consultant to look at what the minimum number of stations the
community can supply. He said the city cannot afford the ideal model in any budgetary
circumstances and it is because the city has been dealing with ideal models that it finds itself in
its current fiscal situation.
He said one difficulty with this particular department is the number of EMS/medical service calls
received, about 30,000 calls annually and about 85 percent of the department workload. He said
offering the option for others to bid on providing EMS service would free up the fire personnel
to do fire suppression.
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There is a lot of spectrum to look at this through,not just a Section 186 issue, except that 186
constrains us from contracting for services. It is beyond what people get paid, the overtime being
paid,he said. It needs to be put in the context of what you can afford; it is a much broader picture
than what level of raise they got over the years.
Dailey asked if the Charter forces the emergency service to be under the auspices of the FD.
Parker said legal opinions from the previous City Attorney maintain that the Charter language
precludes the city's ability to contract out, or even ask for an RFP to do so. It also restricts the
length of the shift. He said he has encouraged city fire to go to a 72-hour shift, such as that
implemented by CalFire, which would reduce staffing from 133 to 106,just on the basis of the
shift. He said that is a management decision, and something to be negotiated,but that the legal
opinions about Section 186 preclude him from even bringing the subject up.
Dailey said that collective bargaining in other cities offers the same kind of negotiation based on
salary surveys and asked whether modification or removal of Section 186 would do anything to
not make San Bernardino average anymore.
Konior said he is assuming that there is negotiation going on. He said his understanding of how it
has worked in the past 7 years is that one side hires lawyers to push a piece of paper at the other
side, and say this is what we're taking from you this year. There is a fear that if we lose that
Charter protection,we'll be the lowest paid fire department anywhere.
Walbourne asked if 14 more firefighters and got rid of all the overtime,but Konior said there are
several considerations and it is not an easy answer.
Parker said there are ways to end up at the same place and that salary levels can be handled in
negotiation it does not need to be cemented in the Charter.
Baxter said he was struck by how miniscule the raise Konior had mentioned receiving and noted
that Section 186 had not benefited him. Konior countered that it had benefited him in the sense
that it kept salaries average and stable, whether times are good or bad.
Cohn asked if surrounding agencies worked with city fire and if it is figured into response times.
Konior said there are Mutual Aid Agreements and referred more questions to the fire chief.
There was a question about the acceptable level of risk and Parker said it is a matter of the
community deciding what it wants and what it can afford. He said is comes out in a political
process, and a community process,with risk management informing management decisions.
He said in his personal opinion fire is best presented on a regional basis. He said there are several
deployment models that can be considered.
Craft asked Parker if in the Citygate study would consider paramedics-only response for medical
emergencies. Parker said there was already a recommendation that if the city decided to stay in
the EMS business,the city needs to go back to two-man trucks with smaller vehicles for those
kind of calls because 30,000 annual EMS calls are wearing out fire trucks.
Pierce said what the average total income of a firefighter was in 2013. Parker said he would
provide that,with the names removed. He later passed out a document with that information.
(Document attached)
3. Entertain additional specific proposals from Committee members for Charter review
Nothing was proposed by Committee members.
4. Discuss and deal with"now"vs. "later"categorization and priority of consideration of
Charter change topics amongst the"now"category.
Nothing was changed regarding prioritization of Charter change topics.
5. Discussion and consideration of the Garter discussion topics in order of their priorities
• Charter Section 186
Savage suggested no one put a motion on the floor regarding 186 until everyone had had a
chance to present their comments. He passed out a list (entitled List of Some Section 186 Issues,
attached) of what he considered were benefits and drawbacks of Section 186.
Brown's grandson read a prepared statement regarding repealing or suspending Section 186 for
four year:
Ever since this committee was put into place the BIG ELEPHANT in the room has been
Section 186 To use the elephant as a metaphor for 186, when we brought it into the
house many years ago it was small and seen as a remedy to our public safety problems in
the city for recruitment, retention, and fair compensation for our neighbors who were
putting their life on the line everyday they left home for us the citizenry of San
Bernardino. As the years went by we have seen this elephant/186 grow to eat up 68%to
72%of the budget. This has reduced our ability to fairly allocate resources to other
services that we expect our city government to provide. It has forced us to cut down on
other employee services and compensation just to feed the elephant. It has not made us
safer nor improved moral to the staff as evident of many past votes by the association
members against former chiefs and the city elected officials.
As a matter offact the elephant/186 has caused our other employees to be treated in a
disparate manner. I do not want to place policies into law that has the effect of
discriminating against an employee population that is comprised of mostly women,
Blacks, and Latinos.
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None of these other employees in our city get their compensation placed on automatic
pilot with the highest income cities in the state. Are our other employees less valuable
than them?
This elephant/186 has outgrown our ability to be managed by the elected leaders we elect
to run our city. I saw this firsthand when the council was wrestling with reductions in the
budget for the city and had to by the Charter allocate$1 million dollars to public safety.
It made no sense to me then and not now. They wanted to do the right thingfor the city
but we the voters had brought this elephant/186 into the Charter and they could do
nothing. We tied their hands.
We even recalled some people from office because of their inability to manage this city so
in my mind, we have an obligation to remove or suspend this elephant/186 from the
Charter before it destroys the city. Let us return employee associations rights to negotiate
for these 186 provisions with our paid management staff with council oversight and
approval.
I am not advocating and never will call for reductions in employee pay, if we can pay, but
that is something our elected officials must consider based on the economic conditions of
the city's ability to pay and the economic conditions of the current times.
I must say the police association, if my information is correct, is to be applauded for their
understanding of the financial situation of the city and state and making concessions
when they had no legal obligation to do so. Their position could have been,your
bankruptcy is your problem,just give me what is legally mine under the Charter passed
by the citizens. As a former member of International Brotherhood of Electrical Workers
and United Steel Workers ofAmerica I know that is the position I would have advocated.
It is my position to let the voters in on this conversation on whether to repeal or suspend
this section of the Charter. If they repeal then our elected officials will sit down at the
negotiation table with the association for these same issues found in Section 186
If it were suspended for,four years it will allow our elected officials to sit at the
negotiation table with the association to discuss the same issues in 186 and we would
then see how much the public associations understand the city's financial crises.
The current situation has produced villains on both sides of this issue. I think this will
provide us with a win-win opportunity for the taxpayers and those we elect. There is
mistrust on both sides and we must give our newly elected leaders an opportunity to lead
and build trustworthy relationships with our support
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Baxter said he agrees that the elephant in the room has been fed until we are no longer able to
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feed it,but he thinks something needs to be done on a permanent basis. He said it sounds t him
like Section 186 doesn't do much for fire and said he thinks collective bargaining is the tool to be
utilized in order to keep employees.
Pierce said he is uncomfortable with determining salaries differently for different groups of city
employees. He called San Bernardino the outlier,which of the 22 charter cities reviewed,none
have a 186-like automatic adjustment system for salaries. They all use collective bargaining, and
they are average, he said. It is hard to envision a circumstance where police and fire wouldn't
effectively negotiate. People have said they like being a charter city because they like control
over the decisions,but essentially we cede control to others through Section 186.
Pierce said that having reviewed earlier budgets, he does not believe that Section 186 was the
major factor in the city's financial problems,but rather generally weak budgetary practices. He
said the Council needs to manage the budget more effectively and needs more flexibility to do
so.
Harrison said the Council and Mayor needs as much flexibility as possible because they are the
ones we elect and are supposed to keep accountable. As a city, we have to determine what our
priorities are and I don't think we've had that conversation, at least not lately. I am encouraged
by the activity in the city right now, of neighborhood organizations talking about what is needed
in the community and they are basically saying what they want is services; I see Section 186 as a
deterrent to that. She said the language of the Charter and legal opinions that have constrained
the city need to be studied.
Craft said San Bernardino can create revenue by being a safer city. He said they do what they
can to increase public safety and get the procedure out of the Charter. He said he wanted to think
about the opportunities on the table and said he was not inclined to repeal 186 in its entirety. He
said he believes it can be modified and made more acceptable to everyone.
Cohn said the committee needed some kind of framework for their decision making and read his
Statement in Principle of Charter Review:
We affirm that our city must provide the full array of service that make it a place where
all residents can experience and enjoy physical and emotional safety, cultural and
educational enrichment, recreational and entertainment opportunities. We also affirm
that our city must provide a climate for economic well-being and growth which
includes attracting new business and new residents.
To that end we affirm that our city must treat all of its residents and institutions with
fairness and equality. We place high value on the loyalty and service of all city
employees and believe that they must be treated fairly and equitably.
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Wefirmly believe that f or city employees to enjoy sense of security in the immediate
and long-term future our city must emerge from bankruptcy as soon as possible and
restructure its fiscal position. Thus, no individual or employee association or labor
group should be accorded preferential treatment in the Charter or in practice.
Cohn said he is not sure whether Section 186 is a service to public safety employees or not,but
he is concerned that all city employees have equal opportunity and be treated equally in the
collective bargaining process. He said some would fare better than others in that process,but that
that is the nature of collective bargaining. Tying the hands of elected officials on something that
has such tremendous financial implications,by not allowing for an open negotiating process,
does the employees and citizens a disservice,he said.
Walbourne questioned whether taking out Section 186 would save the city money. He said he'd
like to see the Citygate report first because it may have insights into what they need to know to
make an informed decision.
Dailey said he agreed the council should have full responsibility for the budget and that is what
they were put there to do. Public safety plays an important role in attracting business, but so do
school districts,parks, streets, and libraries in improving the quality of life. He said there is too
much procedure in the Charter. He said he has not yet heard how removal of Section 186 would
have a tremendously detrimental effect on public safety. This is focused around salaries,but
when looks at the it from a management standpoint, there are other tentacles that extend Section
186 into other areas that were never anticipated when it was first adopted. He said the only way
to get to a level playing ground is for there to be a clean removal of Section 186 and replacing it
with collective bargaining.
Savage said he is convinced that Section 186 has very little to do with the current financial woes
of the city and may or may not have financial consequences. He said the city should be run
effectively as a business with management control, a problem under Section 186. Section 186
does not just fix the salaries,but it has extensive detail on staffing hours and that kind of detail
does not belong in the charter he said. He said that the committee had adopted the principle that
the Charter should be flexible, and Section 186 does not offer that. He passed out some
alternatives the committee could consider, in a document entitled Alternatives Concerning
Section 186(attached).
Those alternatives ranged from taking no action, deferring action until later, or recommending
the council retain 186 with no change,to recommending adding a new section(187)to the
Charter;to repealing it.
Brown made a motion that the city council place the repeal of Section 186 before the voters on
the November 2014 ballot. The motion was seconded by Baxter.
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Walbourne said he didn't see why the committee couldn't wait until the Citygate report is
complete.
Craft said the first paragraph of Section 186 could be modified to meet the needs of the majority,
rewording it to get the procedures out of the process and give the council and city manager the
flexibility needed. He said he still was not leaning toward repeal.
Craft suggested new wording: "There hereby established for the City of San Bernardino a basic
standard for fixing salaries, classifications and working conditions of the employees of the city
of San Bernardino. The Mayor, the City Manager and the Common Council will have the
responsibility over these department heads."He said he would work on the language and provide
it to Hanna to distribute to the committee in time for the next meeting.
Dailey asked the city attorney how much the legal opinions bound to 186 are affected by tweaks
in the language. Saenz said to the extent that a section is in the charter, it is subject to
interpretation and reinterpretation and that the way to change that is to eliminate it or to try to
redraft it in the clearest terms that are not subject to so many various interpretations.
Walbourne asked if repealing Section 186 would save the city money. Parker said the
constraining part of Section 186 is whether the city has an ability to contract for similar services
and, as previously interpreted,the city does not. He said that, as example, if the city contracted
with AMR for emergency medical services, it might not save money but there would be a freeing
up of fire personnel to fight fires, which addresses the issue of risk management. He also said
that he is constrained from asking for a proposal for fire suppression service from county fire or
CalFire,based on interpretation of Section 183.
Savage asked if the flexibility Parker said he needed would require repeal of both Section 186
and Section 183. Saenz said there may be other sections in Article 10 other than 186 that may
need to be dealt with as well.
Parker said that it was the staff's desire that all ambiguity be removed from the Charter so that no
one has to refer to anyone's legal opinions. To that end,he suggested that the committee look at
Charter Section 180 et. seq. to give management the greatest flexibility.
Dailey asked if the city had been sued over collective bargaining and Parker said yes—most
recently by fire fighters in connection with the unilateral take of benefits and requiring fire to pay
a greater degree of their retirement costs. Fire personnel sued, claiming it was a violation of the
Charter and won. The issue is currently tied up in the bankruptcy case.
Cohn said that the charters of Anaheim and Riverside make no mention at all of police and fire
services. He suggested that Article 10 could simply state that the provision of police, fire and
emergency medical services should be determined by Mayor and Common Council.
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Savage said Article 10 could be agendized for discussion at the next meeting.
After further discussion about getting suggested verbiage from the City Attorney for replacement
sections,Harrison called for the question. The committee voted 7-2,with Craft and Walbourne
voting no, to recommend that the City Council place the repeal of Section 186 before the voters
on the November 2014 ballot.
The meeting adjourned at 8:45 p.m. The next meeting is set for 5:30 p.m. Tuesday, May 06,
2014 in the EDA board room.
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Fire Safety
Salary/Benefit Annually
Base Salary $11,482,260
Bilingual Pay $6,829
8%Admin Captain Pay $11,078
Lead Paramedic Pay $109,810
FF 11 Cert $17,452
Fire Officer Pay $132,031
Chief Officer $26,558
Arson Investigator $6,070
Haz Mat Specialist $5,312
Breathing Apparatus Pay $759
uniforms* $64,401
Pension/Retirement Benefit $3,121,199
1959 Survivors Benefit $6,240
Cafeteria/Health Benefit $1,218,588
Health Insurance Stipend $10,000
Medicare $219,144
Vacancies $1,212,305
Total Salary/Benefits $17,650,036
Information based on 127 employees
1%w/o benefits=$124,214
1%w/benefits=$176,475
* 1 shirt/2 pants/work boots
FIRE SAFETY:
Special Assignment Pau
All employees assigned to the following duty shall receive special assignment pay at the
rate of $50 per month. The number of employees eligible to receive such pay shall be
determined by the City.
Eligible personnel;
1. Shift Arson Investigators
2. Certified Hazardous Material Specialists
3. Certified Breathing Apparatus Technicians
4. FLSA Statistician
The number of employees assigned to the positions at the time of the signing of the new
MOU is: (9) Shift Arson Investigators; (12) Certified Hazardous Material Specialists; (9) Certified
{ Breathing Apparatus Technicians; (1) FLSA Statistician.
Administrative Captain Assianment
Any employees in the job classification of Fire Captain shall be entitled to compensation
in the amount of eight percent(8%) over the assigned rate for his or her classification when
permanently assigned by the Fire Chief to a forty-hour administrative assignment work week.
Educational Incentive Pav
All members shall be entitled to receive in addition to their regular salary and as may be
appropriate, one of the levels of incentive pay as set forth below;
A. $50 additional compensation per month shall be paid each member who has a
Firefighter II Certificate issued by the State of California; or,
B. $150 additional compensation per month shall be paid each member who has a
Fire Officer Certificate issued by the State of California; or,
C. $250 additional compensation per month shall be paid any member who has a
Chief Officer Certificate issued by the State of California.
Bilingual Pav
Each full-time employee who meets the City's bilingual certification and eligibility
requirements shall be compensated at the rate of$50/month. The City shall reserve the right to
determine languages for which testing will be conducted.
Health Insurance Stipend
The City of San Bernardino agrees to provide full-time eligible employees who waive health
benefits an annual "Health Insurance Waiver Stipend" of$2,500 each December 151x,
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7
Police Safety
Salary/Benefit Annually
Base Salary $21,932,484.00
Bilingual Pay ($50 mo.) $131800.00
Motor Officer Pay(Hazard)($50 mo.) $6,000.00
Post Basic ($200 mo.) $156,000.00
Post Advanced ($250 mo.) $327,000.00
Post Supervisory ($275 mo.) $79,200.00
Uniform Allowance $296,452.00
Pension/Retirement Benefit $6,117,528.00
Cafeteria/Health Benefit $2,216,286.00
Health Insurance Stipend $42,500.00
Medicare $340,452.00
Police Vacancies $1,740,641.00
Total Salary/Benefits $33,268,343.00
Information is based on 246 employees
1%w/o benefits= $230,986
I%w/benefits =$332,683
IY
POLICE SAFETY:
Peace Officer Standards Training(POST)
All police officers shall be entitled to receive in addition to their regular salary and as
may be appropriate, one of the levels of incentive payment as outlined below:
A. $200 additional compensation per month shall be paid each police officer who
has obtained a POST Intermediate Certificate; or,
B. $250 additional compensation per month shall be paid each police officer who
has obtained a POST Advanced Certificate; or,
C. $275 additional compensation per month shall be paid to each police officer who
has obtained a POST Supervisory Certificate.
Bilingual Pay
Each full-time employee who meets the City's certification and eligibility requirements
shall be compensated at the rate of $50/month. The City shall reserve the right to determine
languages for which testing will be conducted.
Uniform Allowance
Once each fiscal year, each employee in the bargaining unit shall receive an annual
uniform allowance of$950 to be paid in a lump sum amount during the first pay period of March.
New employees must wait until the first pay period of March to receive their
annual uniform allowance.
Health Insurance Stipend
The City of San Bernardino agrees to provide full-time eligible employees who waive health
benefits an annual"Health Insurance Waiver Stipend"of$2,500 each December 95'h
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ALTERNATIVES CONCERNING SECTION 186
• Take no action concerning 186
• Act to defer taking action on 186 until after Committee's initial report to the Council
• Recommend that the Council retain section 186 without change.
• Recommend to the Council that the existing language of 186 be retained,adding one or
both of the following as section 187 under Article X of the Charter:
• 187 The provisions of section 186 are all subject to the provisions of California Labor
Law.
• 187 Until such time as San Bernardino has a 20%reserve,all provisions of section
186 shall be suspended and the salaries of police, fire,and emergency safety
personnel in shall be fixed by the Council by resolution after collective bargaining
under California labor law as appropriate.
• Recommend to the Council that section 186 be retained,but remove all provisions concerning
details of overtime pay,work periods,work week,& special compensation, leaving these up to
resolution by the Council following collective bargaining under California labor law as
appropriate
• Recommend to the Council that section 186 be replaced with a provision such as either of
the following:
• The salaries of police, fire,and emergency safety personnel in shall be equal to the
arithmetic average of the monthly salaries,paid or approved for payment to local safety
members of like or most nearly comparable positions of the police and fire (and/or public
safety)departments of ten cities of California with populations between 100,000 and
250,000. These 10 cities shall be those remaining after the names of cities are stricken on
an alternative basis by a representative of the city on one side and a representative of the
employee organizations on the other. The details of this procedure and for any additional
special salary shall be as fixed by the Council by resolution after collective bargaining
under California labor law as appropriate.
• The salaries of police,fire,and emergency safety personnel in shall be fixed by the
Council by resolution after collective bargaining as appropriate under California labor
law as appropriate.
• Recommend to the Council that section 186 be repealed.
5/5/2014 Proposed Additions to
San Bernardino Charter Reform Principles&Objectives
1. Flexibility. To the greatest degree possible,the City Manager&Council should have the
flexibility to make decisions and to govern the City under the Charter. Removing
excessive limitations on that flexibility should be opportunities to improve governance.
2. PRINCIPLES & STANDARDS. THE CHARTER SHOULD SET FORTH GUIDING
PRINCIPLES AND STANDARDS,NOT DETAILED RULES AND PROCEDURES.
3. ENABLING. THE CHARTER SHOULD BE DESIGNED TO ENABLE THE CITY
TO OPERATE IN AN EFFICIENT,BUSINESSLIKE MANNER.
4. Economy. The Charter should be as economical in wording as possible while keeping
the meaning and legal parameters clear.
5. Future Orientation. The Charter should be worded so as to apply to future City
administrations,not just to deal with current issues.
6. Contemporary Standards. Language, such as gender neutrality, should be in
conformance with contemporary standards.
7. Transparency. The Charter should be clear to the well-informed layperson,not
excessively legalistic. The Charter is to be a way that the public can understand how the
City operates,and the powers and limitations of those who govern it.
8. Charter Reform Process. The Charter Review Committee working to advise the City
Council should utilize the following principles:
a. Input from those working within the City family should be sought out as those
who work in city government have a unique perspective on the Charter.
b. San Bernardino's Charter should be uniquely adapted for this City and it's needs.
C. Charters of other Cities should be reviewed and taken into account. Other cities
have weighed,considered and analyzed many of the same issues as those
confronting San Bernardino.
d. The Committee should seek wide and diverse input and evoke debate and
welcome disagreement in its deliberations;however,it should attempt to obtain
wide consensus for it's recommendations. Charter changes should be able to draw
wider support from the community than is normally required to win an election.
e. Ongoing,frequent,regular reviews of San Bernardino's Charter should be made
to the end that it will be, and continue to be, an effective,well written, and well
organized document.
5/y,/""f
CONSTRUCTION AND INTERPRETATION
(Add Section)
The language contained in this Charter is intended to be permissive and enabling rather
than restrictive or limiting, and shall be liberally and broadly construed in favor of the
exercise by the City of its power to govern with respect to any matter which is a
municipal affair.
i
1 STATEMENT ON PRINCIPLES OF CHARTER REVIEW -REV. 1
2
3 We affirm that our city must provide the full array of services that make it a place
4 where all residents can experience and enjoy physical and emotional safety,
5 cultural and educational enrichment, recreational and entertainment opportunities.
6 We also affirm that our city must provide a climate for economic well-being and
7 growth which includes attracting new business and new residents.
8
9 To that end we affirm that our city must treat all of its residents and institutions
10 with fairness and equality. We place high value on the loyalty and service of all
11 city employees and believe that they must be treated fairly and equitably.
12
13 We firmly believe that for city employees to enjoy a sense of security in the
14 immediate and long-term future our city must emerge from bankruptcy as soon as
15 possible and restructure its fiscal position. Thus, no individual or employee
16 association or labor group should be accorded preferential treatment in the Charter
17 or in practice.
18
19 Rabbi Hillel Cohn
20 May 6, 2014
21
List of Some Section 186 Issues
5/3/2014
1. §186 assures the citizens of San Bernardino that safety employee salaries will not be lower than
10 similar sized cities.
2. The"average salary"certainty of§186 may assist the City in hiring and retaining quality safety
employees and minimize San Bernardino being just a training ground for safety employees who
then go to other cities.
3. §186 may help keep"politics"out of safety employee salary determinations.
4. Any repeal or substantial amendment of section 186 may have the following consequences:
a. Major battle by safety employees to its repeal being adopted by the public;
b. Adverse consequences on the moral of safety employees;&/or
C. Affirmative consequences on the moral of other city employees.
5. §186 significantly decreases the amount of flexibility the Mayor,City Manager&Council would
otherwise have to make decisions and govern the City under the Charter. This conflicts with the
Charter Reform Principles&Objectives this Committee established,
6. §186 may require payment of salaries when the City has insufficient funds to do so taking into
consideration all of the other needs of the City;however,the actual dollar impact of§186 on the
City's finances may not have been too great over the past few years. (Fire budget has increased
from 22.12%of total city budget in 2009 to 25.47%in 2014;and total public safety expenditures
have increased from 64%of the total in 1994/95 to 68%in 2013/14 -which figures appear to
exclude what would have been paid to PERS in 2012/13 but for SB stopping paing PERS for that
year because of it's financial situation.
7. §186 sets forth in great detail rules and procedures relative to safety employees which no other
City in California has in it's charter. These rules&procedures can only be changed by a vote of
the public.
8. No other California city has a charter provision which sets by formula, or manner of calculation,
the salaries of it's safety employees. The only California city charters which have any specific
public safety employee salary standards are as follows:
(a) Stockton's charter requires that firefighters starting salaries shall be at the step higher than
that received from the fire district. (I'm not sure what that means.)
(b)Fresno's charter requires that city employees be paid not less than the prevailing wage paid in
private employment in Fresno.
9. Collective bargaining i the roceddure used for determining safety employees salaries in all
g g s p
other cities in California. *,4(
� �IS,
D
Correspondence to
Charter Committee
O
F T ',. CRITICAL THINKING
C O N S U I TING
Ai-THE CRITICAL TIME"'
a
May 12, 2014
City of San Bernardino, California
Honorable Mayor Carey Davis
City Manager Allen Parker
City Attorney Gary Saenz
Charter Review Committee members
(Delivered through the City Clerk, Gigi Hanna)
Re: Follow up on a Request from the Charter Review Committee Chairperson for Additional
Comments Regarding the San Bernardino City Charter reform
We understand that the Charter Review Committee, through its Chairperson, has requested further input
from FTI Consulting and our clients regarding City Charter revisions. Our comments are summarized
below.
• Section 186: We have been informed that the Charter Review Committee, at its May 6, 2014
meeting, voted to recommend to the City Council that Section 186 of the City Charter be
eliminated. We support this recommendation.
• Water department: As our May 2, 2014 letter states, we believe that the City Charter currently
creates restrictions on any potential outsourcing, privatizing or public-private ownership or
management of the Water Department. If the City concurs that revisions to the Charter are
warranted in this area,the City Attorney is best suited to draft specific language changes.
We further encourage the City to start exploring alternative ownership and/or management
structures for the Water Department now, as it develops its long-term financial strategy and a
bankruptcy exit plan.
We appreciate this opportunity to provide further feedback.
Sincerely—
FTI Consulting, Inc.
About FTI Consulting
FTI Consulting,Inc,is a global business advisory firm dedicated to helping organizations protect and enhance enterprise value in an increasingly complex legal,regulatory
and economic environment. FTI Capital Advisors conducts business as a registered municipal advisor under the name Public Sector Solutions.www.fticonsulting.com.
Proposed Charter Recommendations for 5/19/14
The following items have been approved by the Charter Review Committee and are
recommended for Mayor and Common Council review and adoption on May 19, 2014:
4- Amend Article III, Section 40, by adding subsection (bb):
(bb) Construction and Interpretation. The language contained in this Charter is
intended to be permissive and enabling rather than restrictive or limiting, and
shall be liberally and broadly construed in favor of the exercise by the City of its
power to govern with respect to any matter which is a municipal affair.
Notwithstanding any other provision in this Charter, the Mayor and Common
Council may provide by ordinance or resolution the form of organization through
which the conduct and operation of the functions of the City are to be
administered, and/or may consolidate and/or reorganize departments, divisions,
offices and agencies provided that no office headed by an elected officer shall be
consolidated with or subordinated to any other office, department, division or
agency. Any combination of duly authorized duties, powers and functions which,
in the judgment of the Mayor and Common Council, will provide the most efficient
and economical service possible, consistent with the public interest and in
keeping with accepted principles of municipal administration, may be authorized
by ordinance.
I Amend Article VI1 Section 120, to read as follows:
Section 120. Initiative, Referendum and Recall.
There are hereby reserved to the electors of the City the powers of the initiative
and referendum and of the recall of municipal elective officers. The provisions of
the Elections Code of the State of California, as the same now exist or hereafter
may be amended, governing the initiative and referendum and the recall of
municipal officers, shall apply to the use thereof in the City so far as such
provisions of the Elections Code are not in conflict with the provisions of this
Charter.
4 Repeal Article VI, Section 121 (Referendum)
4- Repeal Article VI, Section 122 (Recall)
A fl-t kkA
- --Repeal Article X, Section 186 (Police & Fire Salaries)
4 Repeal Article XI (School Districts) C��� C 7
4- Amend Article XIII, Section 254 (Civil Service Discharge or Reduction of
Compensation)
Section 254. Discharge or Reduction of Compensation. No employee in the
classified service shall be suspended, discharged or reduced in classification for
disciplinary reasons until the employee has been presented with the reasons for
such action specifically stated in writing. The reason for such discharge or
reduction and any reply thereto by the employee, shall be filed in writing with the
Civil Service Board.
Committee further recommends to Council that this City Charter Committee
shall be ongoing, and that ongoing Charter review shall become policy.
-4- Committee further recommends to Council to adopt the San Bernardino
Charter Reform Principles & Objectives (4129114 and 5/6114) to be applied
for future Charter review.
4/29/14:
1. Flexibility. To the greatest degree possible, the Mayor, Council, and City
Manager should have the flexibility to make decisions and to govern the City
under the Charter. Removing excessive limitations on that flexibility should be
opportunities to improve governance.
2. Economy. The Charter should be as economical in wording as possible while
keeping the meaning and legal parameters clear.
3. Future Orientation. The Charter should be worded so as to apply to future
City administrations, not just to deal with current issues.
4. Contemporary Standards. Language, such as gender neutrality, should be
in conformance with contemporary standards.
5. Transparency. The Charter should be clear to the well-informed layperson,
not excessively legalistic. The Charter is to be a way that the public can
understand how the City operates, and the powers and limitations of those
who govern it.
6. Charter Reform Process. The Charter Review Committee working to advise
the City Council should utilize the following principles:
6.1 Input from those working within the City family should be sought out as
those who work in city government have a unique perspective on the
Charter.
b
I
i 6.2 San Bernardino's Charter should be uniquely adapted for this City and
1
its needs.
6.3 Charters of other cities should be reviewed and taken into account.
Other cities have weighed, considered and analyzed many of the same
issues as those confronting San Bernardino.
6.4 The Committee should seek wide and diverse input and evoke debate
and welcome disagreement in its deliberations; however, it should
attempt to obtain e wide
able to its recommendations. Charter
changes should b draw wider support from the community
than is normally required to win an election.
6.5 Ongoing, frequent, regulary reviews of San Bernardino's Charter
should be made to the end that it will document continue to be, an
effective, well-written, and well-organs
5/6/14:
7. Principles & Standards. The Charter should set forth guiding principles and
standards, not detailed rules and pro
8. Enabling. The Charter should be designed to enable the City to operate in an
efficient, business-like manner.
Rough draft comments/ 5/13/14
Two weeks ago we took a stab at wanting to make the city a general law
city while putting the mayor in a weaker position of authority and a city
manger as the one with much control over the city. While we all agree
that the city needs a professional person to manage the day-to-day
operations of the city there was concerns that to reduce the authority or
responsibility of the mayor might not be the way to go.
This forced me to re-read and re-read those sections; Article 3 section 40
thru 52; article 5 section 100 that spoke to power and authority of the
mayor, city council and city manager. It is clear that the council makes
laws by resolution and ordinance that makes the city operate, which is
put into the responsibility of the city manager and mayor. The council
members power resides in their collective council meeting body to
legislate and approve every service we provide in the city. Individual
council members have no authority per-se unless they can influence at
least 3 or 4 other council members to see issues their way. Any actions by
a lone operating council member only create chaos and confusion.
Where there are clear reporting lines by department heads there is less
confusion than others such as police, fire, library, water, civil service and
maybe another one or two. It is clear that the mayor as the CEO and
chief spokesperson for the city with general supervision responsibilities, is
voted on by all citizens in the city who gives it that authority to veto some
actions of the council, unless 2/3 of the council says no. The mayor has to
represent the city on several government agency boards and
commissions in the region, which gives her/him a regional perspective,
and leadership in the region of where the city should be headed. I think to
reduce any authority would weaken its status in the region. This is not to
minimize the councilmembers role or leadership from their ward, which is
one seventh of the city.
That is where the strong City Manager, under general supervision of the
mayor, comes into play with the council having consenting and approval
on hiring, discipline, compensation, suspension or termination in
accordance with all employment laws.
Article III Section 40 (s) is very confusing in regards to who has the authority
to hire and remove employees from positions. All of these employees
should be reporting to the city manager, which would help reduce
misunderstandings and give clear areas of responsibility. The council
should retain consenting approval over all hires and terminations. The
2)
appeal process would still reside with the civil service rules and regulations
and other employment laws.
Section 50 the mayor is the CEO with general supervision over the City
Manager who would have responsibility and authority over all
departments except the mayor, council, city attorney, city clerk and
treasurer but does coordinate with them for the efficient operation of the
city with budgetary issues in their department. The mayor should be able
to suspend and discharge with just cause the City Manager with the
consent of the council in accordance with all applicable and prevalent
employment laws.
Article 5 Section 100 should be that the City Manager shall supervise all
department heads with the exception of the City Attorney, City Clerk, and
Treasurer.
My aim with this concern is to keep the current general authority of the
mayor while changing the reporting relationships of all department heads
to be under the City Manager, who will have the authority and
responsibility to manage the day to day operations of the city without
interference of the mayor or individual council members but with
consenting authority of the council on important public issues which is
currently in the charter.
Now I don't know how that can be worded and placed on the ballot but
that is one way I see us solving this complicated management problem
that currently plagues the city.
Modified Section 180 and 186
M Craft
5.13.14
Modified Section 180. Powers of Mayor and Common Council. (With clarification
of section 52)
The Mayor shall be considered the chief executive officer in managing the police and
fire departments. The City Manager shall be the immediate supervisor of the Chief of
Police and the Chief of the Fire Department. Neither the Mayor nor the City Manager
shall interfere or attempt to interfere with the discharge of those duties of the Police or
Fire Chief(s).
The Mayor and Common Council shall have power upon the recommendation of the
City Manager to fix and prescribe the salaries, qualifications, duties, rank, badges of
office and uniforms of the officers, members and employees of said departments; to
prescribe rules and regulations for the organization, government and discipline of the
same, and to prescribe penalties for violations thereof; subject to the civil service
provisions of this Charter.
The Mayor shall determine any and all complaints of misconduct, inefficiency or
violation of rules or other charges against the chiefs of said departments, and shall take
such action thereon as shall be most conducive to the maintenance and discipline and
efficiency of such departments, including suspending and or dismissing, for cause, the
Chief of Police and/or the Chief of the Fire Department subject to the laws of the State
of California.
Ae 3
r
Modified Section 180 and 186
M Craft
5.13.14
(The following is intended to tie increases in public safety to increases in pay and
benefits to the city's employees and public safety personnel.)
Modification/blending of 180 & 186
Authorization: Wages, Benefits, Safe Working Conditions:
The citizens of the City of San Bernardino authorize the Mayor, Common Council, and
City Manager, to provide competitive salaries, benefits, and safe working conditions for
all employees of the City of San Bernardino. The Mayor and the Common Council will
approve a budget for and have department heads distribute those funds to their
department's employees as merited by the employees.
The Chief of Police and Fire Chief will also disseminate their budgets to their personnel
based on merit and measurable accomplishment(s).
The following two paragraphs are intended to formalize within the charter to prevent
public officials duping the citizens of San Bernardino in a fashion similar to Bell,
California.
The Mayor and City Council shall review, annually, the pay and benefits of the City
Manager, City Clerk, and others who report directly to them. They shall gauge the pay
and benefits through analysis of city's with comparable median income as publish by
the State of California.
The City Manager shall review, annually, the pay and benefits of the city's department
heads, fire chief, and police chief by surveying liked sized median income cities to
ensure San Bernardino is attracting, and /or retaining the best talent available for the
city.
Safe Community Expectation:
The citizens of San Bernardino expect their elected leaders and City Manager to make
every reasonable effort to ensure a safe community. As such, it is expected by the
citizens that the police and fire departments will be staffed at levels sufficient to
minimize 'backfill' and 'overtime' premium pay. As the city becomes safer, and revenues
increase, all city employees should be compensated accordingly.
Modified Section 180 and 186
M Craft
5.13.14
Data:
Data to be utilized for purposes of negotiation should include cities of comparable
median income as well as crime rate as San Bernardino, as published by the State of
California.
Good Faith:
The city's negotiator and employee representatives will negotiate wages and benefits in
good faith. The city's negotiator, city manager, department heads, police chief, or fire
chief shall not withhold pay, lockout, or prevent employees from providing their services
to the citizens, nor will the employees strike, have work slow downs, or have blue flu
preventing their skills and services from being presented to citizens.
Reporting:
The citizens of San Bernardino expect the Mayor, City Council, and City Manager to
receive quarterly budgetary reports from the department heads, chief of police and fire
chief, in open session, during regularly scheduled city council meetings. The Mayor,
City Council, and City Manager must notice and question budgetary discrepancies and
hold in high regard any savings within a department's budget. Department heads, Chief
of Police and Fire Chief will be presented in a rotating order at each council meeting
while the council is in open session. Failure to receive quarterly reports shall result in a
penalty to that department's budget.
Penalty for Budget Over Run:
When an annual budget over run is unjustifiable, that department will receive that
percentage less in the following year's budget.
Modified Section 180 and 186
M Craft
5.13.14
As written:
Section 180. Powers of Mayor and Common Council. The police and fire
departments shall be under the general supervision of the Mayor. The City Manager
shall be the immediate supervisor of the Chief of Police and the Chief of the Fire
Department. Neither the Mayor nor the City Manager shall interfere or attempt to
interfere with the discharge of those duties of the Police or Fire Chief(s) the
performance of which are required by law.
The Mayor and Common Council shall have power upon the recommendation of the
City Manager to fix and prescribe the salaries, qualifications, duties, rank, badges of
office and uniforms of the officers, members and employees of said departments; to
prescribe rules and regulations for the organization, government and discipline of the
same, and to prescribe penalties for violations thereof; subject to the civil service
provisions of this Charter.
The Mayor shall determine any and all complaints of misconduct, inefficiency or
violation of rules or other charges against the chiefs of said departments, and shall take
such action thereon as shall be most conducive to the maintenance and discipline and
efficiency of such departments, including suspending and or dismissing, for cause, the
Chief of Police and/or the Chief of the Fire Department subject to the laws of the State
of California. (City Attorney Opinion
No. 91-2; City Attorney Opinion No. 90-25)
® Notes Re Agenda for Meeting Six
2. See 5/6/2014 Proposed Additions to the San Bernardino Charter Reform Principles &
Objectives. [A copy appears at the end of these notes which includes these additions.]
3a. Michael Craft has indicated he has some alternative language to Section 186 he'd like the
Committee to consider. I also have provided suggested replacement language in a document
I passed out at the last meeting. I have modified it somewhat and suggest the following for
consideration:
Police, fire and emergency safety personnel shall be paid fair and reasonable
compensation commensurate with compensation for similar personnel at other cities
of similar size and economies. This compensation shall be fixed by the Council by
resolution after collective bargaining as appropriate under California Labor Law as
appropriate. [City Attorney's office should do final wordsmithing of this.]
3b. Discussion took place at the Committee's last meeting concerning review of all of Article X
for possible recommended revisions and/or repeal. The City Attorney and/or Manager were
going to present input concerning this.
3c. At previous meetings, the Water Department has presented a request that this Committee
consider Charter modifications which would enable them to manage the sewer collection
system and have the power to set rates for both sewer treatment and collection.
Subsequently we were told there may be no need for any Charter modification for this to
happen. At our last meeting, we received a Letter from FTI Consulting, Inc. requesting that
San Bernardino's Charter be revised so as not to restrict the ability of the City to restructure
the water department. Additional information is needed from the Water Department, the
City Manager, the City Attorney, and/or FTI Consulting as to what Charter language changes
are being suggested.
4. On the following page of these Notes I have listed under A the Charter Change items the
Committee has agreed so far to recommend to the City Council. Any additions or
modifications the Committee may determine shall be added to and/or substituted as
appropriate. All language of these recommended Charter changes is expected to be
reviewed by the City Attorney and revised in such manner as he may deem appropriate.
The Committee may want to consider presenting rationale to back up each of its
recommendations as well as presenting minority positions of members of the Committee as
to the repeal of§186.
5. Under B on the following page of these Notes is the Committee's recommendation for the
Council's adoption of an ongoing Charter Review process. Recommendations need to be
developed concerning the process of ongoing Charter Review. The Committee also needs to
develop recommendations for frequency of meetings, dates× of meetings, the type of
Charter Reform Consultant desired, the constituency of Committee etc.
t RECOMMENDATIONS TO CITY COUNCIL
A. Recommend that the following Charter Changes be put to a vote of the citizens of San
Bernardino. Possibly packaging the 1St 4 items for one vote and the last(concerning §186)
for a separate vote.
New §.The language of this Charter is intended to be permissive and enabling rather than
restrictive or limiting, and shall be liberally and broadly construed in favor of
the exercise by the City of its power to govern with respect to any matter
which is a municipal affair.
Article XI Remove this Article, Titled School Districts, from the Charter.
§254 Discharge or Reduction of Compensation. No employee in the classified
service shall be suspended, discharged or reduced in classification for
disciplinary reasons until the employee has been presented with the reasons
for such action specifically stated in writing with the Civil Service Board.
[replacing previous §]
Article VII Replace all §§ (120 - 123) with the following:
§120 There are hereby reserved to the electors of the City the powers of the
initiative and referendum and of the recall of municipal elective officers. The
provisions of the Elections Code of the State of California, as the same now
exist or hereafter may be amended, governing the initiative and referendum
and the recall of municipal officers, shall apply to the use thereof in the City
so far as such provisions of the Elections Code are not in conflict with the
provisions of this Charter.
§186 Repealed.
B. Establish a formal Policy of regular periodic ongoing reviews of the City Charter and a
continuous committee to deal with this process and make recommendations to the Council.
Adopt the proposed Principles & Objective set forth on the following page for purposes of
Charter review.
ti
5/6/2014 Proposed Additions to
0 San Bernardino Charter Reform Principles& Objectives
1. Flexibility. To the greatest degree possible,the City Manager& Council should have the
flexibility to make decisions and to govern the City under the Charter. Removing excessive
limitations on that flexibility should be opportunities to improve governance.
2. PRINCIPLES & STANDARDS. THE CHARTER SHOULD SET FORTH GUIDING
PRINCIPLES AND STANDARDS,NOT DETAILED RULES AND PROCEDURES.
3. ENABLING. THE CHARTER SHOULD BE DESIGNED TO ENABLE THE CITY TO
OPERATE IN AN EFFICIENT, BUSINESSLIKE MANNER.
4. Economy. The Charter should be as economical in wording as possible while keeping the
meaning and legal parameters clear.
5. Future Orientation. The Charter should be worded so as to apply to future City
administrations, not just to deal with current issues.
10 6. Contemporary Standards. Language, such as gender neutrality, should be in conformance
with contemporary standards.
7. Transparency. The Charter should be clear to the well-informed layperson,not excessively
legalistic. The Charter is to be a way that the public can understand how the City operates,
and the powers and limitations of those who govern it.
8. Charter Reform Process. The Charter Review Committee working to advise the City
Council should utilize the following principles:
a. Input from those working within the City family should be sought out as those who
work in city government have a unique perspective on the Charter.
b. San Bernardino's Charter should be uniquely adapted for this City and it's needs.
C. Charters of other Cities should be reviewed and taken into account. Other cities have
weighed, considered and analyzed many of the same issues as those confronting San
Bernardino.
d. The Committee should seek wide and diverse input and evoke debate and welcome
disagreement in its deliberations; however, it should attempt to obtain wide consensus
for it's recommendations. Charter changes should be able to draw wider support from
the community than is normally required to win an election.
e. Ongoing, frequent,regular reviews of San Bernardino's Charter should be made to the
end that it will be, and continue to be, an effective,well written, and well organized
document.
'I
jf
l
[ May 13, 2014
To Chairman Phil Savage, Committee Members, Guests, and Viewers:
This is my opinion that I want the Committee and the public to hear. Having been
in business for over 40 years, the business environment in San Bernardino is the worst
that it has been in the 24 years that I have been here. (Please see the "Rose Report"
attached.) The three items I wish to address are as follows:
First: I have looked at the decision that this committee has made to repeal Section
186. It has been stated that the public service employees get about 70% of the City's
budget. That may be true. But the City budget has been going down over the past 6 years.
The wages of our public service employees have been staying about the same. The City
has had a decrease of about 25% of income revenue over the last 5 years. This is what has
increased the percentage of the public service employee's part of the budget. (See
attached Illustrations labeled "D-6" and "E-6", extracted from the city's web site.) The
income revenues of the City have decreased drastically. The police and fire employees
have kicked back most of the increases over the last 4 years. They have worked with the
city.
This is like a household that has two people bringing in income and one gets laid
off. The income decreases but the bills stay the same. The house payment, utilities, and
food costs stay the same for the two people, so they have to adjust their budget. If the
house payment is 40% of the old income and now it is 75% of the income with
Unemployment Benefits, you don't blame the bank for how high the payment is, you try
to get more income. You don't stop payments to the bank. You try to work with the bank
to maybe change your loan payment. To blame the safety employees for the City's
problems is like blaming your partner for losing his or her job.
Second: I agree with Phil that we recommend to the City Council that they make
the changes separate issues on the ballot. Or four issues can be lumped together, but keep
the 186 issue by itself
Third: I feel that we need to change Section 24 (Bucket List Item #13). All the
charters that I have looked at and are successful have a part-time or "weak" Mayor and a
full-time or "strong" City Manager. It was on our "now" bucket list. Our past full-time
Mayor and full-time City Manager seemed to butt heads on many issues and ultimately
nothing was really accomplished. The economy and the past Mayor have driven off jobs
and businesses. Just drive down E street and look at all the empty business buildings. To
make up for the difference in the budget and the actual income, we need to make the City
"safer" for businesses and people to move here. Not cheaper houses, that stand empty but
a better business climate. Although this is not a Charter issue, the Mayor being part-time
or a"weak" Mayor is a charter issue and it will save the city money. We need to work on
this one.
I submit this statement to Gigi Hanna, City Clerk, to enter into the minutes of the
meeting.
Gary Walbourne
Committee Member
Budget Summary - General Fund
Budget Overview
FY 2007-2008 FY 2008-2009 FY 2009-2010 FY 2010-2011 FY 2011-2012
Actual Actual Actual Estimated Adopted
'I'Beginnint,Fund Balance
16,159,200 9,810,900 3,670,800 1,770,400 $2,085,400
e , Revenue A!
29,365,900 31,130,000 28,021,700 27,740,000 $27,375,000
� s
District max.,.. �.n 25,631,600 31,127,500
nh'i.y User TPA", 22,700,000 22,500,000
-" "?sec 76,452,200 70,146,400 62,421,300 6,956,000 6,476,300
-# eiist-? Permit 9,644,500 9,508,500 9,160,500 7,812,000 7,832,700
1,335,000 1,500,000 2,378,000 3,493,600 2,884,000
1,121,600 1,020,000 1,053,400 3,195,000 837,000
6,994,800 6,883,300 7,466,400 5,349,100 3,708,900
5,692,100 6,523,700 7,182,400 5,918,000 5,940,300
4,592,600 4,432,100 4,958,200 8,916,900 5,684,200
Total Revenues $142,483,900 $131,144,000 $122,641,900 $117,712,200 $114,365,900
Slate Prop.IA Loan $2,938,100
Loan Proceeds froin i $1,308,700
fers
i 2,910,000 2,910,000 3,620,000 3,620,000 $3,620,000
# 1,550,000 3,776,700 1,490,000 1,500,000 $1,400,000
Cent Sales& Read Tax 250,000 250,000 750,000 1,350,000 $1,350,000
Ira"ai Development Fund 357;000 357,000 457,000 357,000 $357,000
e Safety Systems 60,000 60,000
fPrm Drain Construction Fund 132,700 132,700 132,700 132,700 $132,700
fuse fund 2,682,300 2,682,300 2,712,300 5,251,700 $3,721,800
'er Line Construction 225.000 225,000 225,000 225,000 $225,000
1.:1fle Maintenance
250.000 250,000 250,000 380,000 $1,510,900
1d alt°e ud 350..000
1-ty Wide NP 8,000
- 0-1033-Fire Station 115,000 556,200 535,000 562,600 $573,700
uaiit-y-AB 2766 Fund 140,000 140,000 140,000 70,000 $70,000
r $9,030,000 $11,339,900 $10,312,000 $13,449,000 $12,961,100
$160,393,900 $152,294,300 $140,871,700 $132,931,600 $129,412,400
D-6
4Wi�-i'l1YiYfY;
CITY OF SAN BERNARDINO
BUDGET VS.ACTUAL REVENUES
FISCAL YEARS 2001-2010 !
j
i
� U0.000.009 •*
139.004000
i
126,000.000
119,000,000 4'
i
112,000,000
i
i
1 1os.000aoo
3A1�;fY
I
98,000,OOO ;
fJI
91,000A00
84,000,000 .S•i;- f
77,00%000
l
.:_ _ -
i AchW FY 00-01 Actual FY 01-02 Actual FY 02-03 Mud 03-06 AMM FV 0405 Mw FV 05.06 Ad d FV 6-07 AO.A FY 07-00 AMM I'V 06-09 AMW Ff W
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cme.edu
The Rose Report
News and Analysis in State and Local Government
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The Rose Report
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^`11 Rose Institute
2013 Kosmont-Rose Cost of Doing Business SuRtey Released
Checkout the Rose Report for
two new articles from the Inland
February 21,2014 Audrey Breitwieser 2 Corrments Uncategonzed Empire outlook on prison
realignment and water policy:
reseinstitute.orctthe-ros c4eoor.
On February 7, 2014,the Rose Institute released the 19th annual Kosmont-Rose Institute Cost of Doing
Business Survey.The Rose Institute,in collaboration with Los Angeles-based Kosmont Companies,gathers Rose Instkute
business fees and a variety of tax rates from 305 western cities,focusing on states where business relocation Cr
is most active.The 2013 edition of the Survey takes a close look at the cost of doing business in California as Charlotte Bailey presents on the
well as eight other states that many companies view as possible alternatives to California(Arizona,Colorado, Mller-Rose Initiative Database!
pic.it•J 111c r.com;Kuka?p;:F°,P
Nevada, New Mexico, Oregon,Texas. Utah,and 1M2shington). Rankings for each city are divided into one of five
"Cost Ratings"groups:Very Low Cost($), Low Cost($$),Average Cost($$$), High Cost($$$$), and Very High
Cost($$$$$).
The Kosmont team would like to thank all of the students who worked diligently on data collection, marketing,
blogging,data analysis,and publishing for the 2013 Survey. The 2012 new hires compiled all data,the 2013
new hires updated the city summaries and wrote ssctions of the executive summary,the tech team updated
maps,and manager Marina Giloi and associate manager Brian Eckhardt administered the entire operation. It
takes the entire Rose team to put together this cornprehenske summary each year.
Highlights from the 2013 Survey
Most Expensive Cities
California dominates the list of the most expensive cities,with a total of twelve cities–nine in Southern
California and three in the San Francisco Bay Area.
Los Angeles and the San Francisco Bay Area are the two most expensive metropolitan areas in the
western United States.
Eight out of the twenty most expensive western cities are in Los Angeles County: Bell,Beverly Hills,
Compton,CuMr City, El Segundo, Inglewood, Los Angeles,and Santa Monica.
http://roseinstitute.org/kosmont-release-2013/ May 13,2014
2013 Kosm� } t + t°es �eC2H 'he Rose Institute o State and Local Gov...Page 2 of
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http://roseinstitute.org/kosmont-relea... May 13, 201
The safety of people in the City is a highest priority of it's government. Police, fire and
emergency safety personnel shall be paid fair and reasonable compensation commensurate with
compensation for similar personnel at other cities of similar size and economies. This
compensation shall be fixed by the Council by resolution after collective bargaining as
appropriate under California Labor Law as appropriate. [City Attorney's office should do final
wordsmithing of this.]