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HomeMy WebLinkAbout07-14-2015 Charter Commitee Agenda & Backup City of San Bernardino Volunteer Citizen-Based Charter Committee Agenda Time: 5:00 p.m. Date: Tuesday, July 14, 2015 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 a numbered agenda item will be required to fill out a speaker slip. Speaker slips should be turned in to the City Clerk before the item is taken up by the Committee. The Clerk will relay them to the Committee Chair person. Public comments for agenda items are limited to three minutes per person, a total of 15 minutes per item, comments to be received from the public before discussion of the item by Committee members. ROLL CALL PLEDGE OF ALLEGIANCE CHAIR'S COMMENTS PUBLIC COMMENT(LIMIT 30 MINUTES) ACTION ITEMS(subject to time available with meeting scheduled to end by 7pm) 1. Approval of minutes from July 7, 2015 meeting(attached) 2. Special Presentations 3. Procedural Matters a. Review Questionnaire Responses. b. Review Timeline (attached) C. Review Tentative Governmental Skeleton(attached) 4. Complete Development of Skeleton Mayor Provisions (PMS analysis attached) 5. Development of Skeleton Manager Provisions (PMS analysis attached) 6. Development of Skeleton City Attorney Provisions (PMS analysis attached) 7. Development of Skeleton City Clerk Provisions (PMS analysis attached) 8. Development of Skeleton City Treasurer Provisions (PMS analysis attached) 9. Next Meeting Date and Time ADJOURN Unless changed at the July 14`h meeting, the next meeting of the Volunteer Citizen-Based Charter Committee will be S:00 p.m., Tuesday, July 28, 2015 in the EDA Board Room, 201 N. E. Street. Attendees are encouraged to park on the top floor of the City Hall parking structure and access the EDA building from there. Volunteer Citizen-Based Charter Committee Tuesday, July 7,2015 EDA Board Room 201 N. E Street, San Bernardino, CA 92418 DRAFT Minutes Committee Members Present: Dennis Baxter, Hillel Cohn, Michael Craft, Gloria Harrison, Vicki Lee, Tom Pierce,Phil Savage, Gary Walbourne Committee Members Absent: Casey Dailey Staff/Committee Consultants Present: Cathy Standiford,Management Partners; Monica Lagos; City Attorney Gary Saenz and City Clerk Gigi Hanna Chair Phil Savage called the meeting to order at 5:02 p.m. and reminded committee members to keep in touch with the council members who appointed them so they are informed of the Committee's activities and progress. Public Sneakers Paul Sanborn,of San Bernardino, spoke about at-large council elections not working,the need for a full-time council and the need for people to vote on whether to allow fireworks in the city. Scott Olson,of San Bernardino, spoke about the need to elect the city's water board,the need for a full- time council and the skeleton forms of government being considered. Minutes A motion was made by Cohn, seconded by Baxter to approve the Minutes of the June 9,2015 meeting. The motion passed. Presentations Monica Lagos,Manager of Communications, gave the committee an update on efforts to promote the Public Input Survey and responses received to date. She said the City Web site would have the questionnaire up until September 15. Action Items A motion was made Baxter, seconded by Harrison,to recommend defining the Council's primary role as a legislative/policymaking body rather than an administrative one. The motion passed unanimously. A motion was made by Harrison, seconded by Baxter,to recommend that the mayor be elected at-large. The motion passed unanimously. Next Meeting Date and Time The next meeting of the Volunteer Citizen-Based Charter Committee will be 5:00 p.m., Tuesday, July 14,2015. The meeting adjourned at 7:05 p.m. Respectfully submitted by Gigi Hanna, CMC San Bernardino City Clerk Charter Committee Working Timeline (Updated 7/8/15) Dates Tasks Deadlines Comments 5/12 Developed Input Questionnaire By this meeting Approved it 5/26 Receive Input from Questionnaire By this meeting Continually receive Requested Council approval for professional input Pending Planned to Develop Timeline Draft was available Didn't get to it Planned to Deal with Charter Topics Drafts were available Didn't get to any 6/9 Discussed Approach to Charter Review At this meeting Received&reviewed information as to professional &public input&approved plan for disseminating questionnaire At this meeting Approved Working Timeline At this meeting To be updated. Approved Form of Structure At this meeting Skeleton, not details Approved Basic Ward Basis for Council At this meeting Further aspects to be considered later. 6/23 Deal further with Charter Skeleton Take up additional Charter Topics MEETING CANCELLED 7/7 Introduce new participants &Deal further with Charter Skeleton; Take up additional Charter Topics 7/14 Deal with Charter Topics Skeleton, not details 7/28 Deal with Charter Topics Skeleton, not details 8/11 Deal with Charter Topics Skeleton, not details 8/25 Deal with Charter Topics Skeleton,not details 9/8 Complete approval of Charter Skeleton By this meeting Approve skeleton Hold Public Forum on Skeleton To take place after skeleton & questionnaire done. 9/22 Start work on specifics as to each Topic Drafting assistance from City Atty office& Cathy 10/13 Develop specifics as to each Topic 10/27 Develop specifics as to each Topic 11/10 Develop specifics as to each Topic 11/24 Develop specifics as to each Topic 12/8 12/22 1/12 1/26 2/9 2/23 3/8 Complete Specifics as to each Topic By this meeting 3/22 Hold Public Input Forum 4/12 Review and Revise Charter change proposal 4/26 5110 Make final review and approve proposal for By this meeting presenting to Council 5/16 Present Recommendations to Council for their consideration and approval for putting to vote of citizens. SAN BERNARDINO GOVERNMENTAL STRUCTURE TENTATIVE SKELETON (7/8/15) I. Council -Manager Form of Govt. II. City Council 2.1 Based on a Ward System 2.2 Policy Making&Legislative, not Administrative III. Mayor 3.1 Elected from Citizens at-large PMS ANALYSIS of SKELETON MAYOR PROVISIONS (updated 7/8/15) (Revisions from my prior Analysis are in bolded italics.) Descriptions of Skeleton Issues Related to this Topic: A. Selected by public direct voting or selected from council (DONE) B. Voting Rights at Council C. Powers of Administration and Appointment/Removal - specially of City Manager D. Other? I. Input Received from the Public-From 273 responses to questionnaire received, (A) 76.19% said select Mayor by direct vote of public,21.25% said select from Council &2.56% were uncertain. (C) From 275 responses received, 69.82% said mayor should be head of City with the city manager responsible for administrative duties (not the mayor),18.91% disagreed, and 11.27%were uncertain. 2. National Civic League Model City Charter& Guide- (A)No preference between being elected at-large or from the Council; however, see my analysis concerning Council structure. (B) Suggests mayor should be a voting member of Council, but advises avoiding"break tie"vote of mayor. (C) Recommends spelling out Mayor's responsibilities and powers. Mayor should not have administrative powers or special powers to nominate or appoint or remove(includes as to cit manager). 3. Other Similar California Cities (SB is about 214,000) Of the 17 charters reviewed below, (A) 14 are elected at large and 3 are selected from council& (B) 15 have full vote as a councilperson and 2 have only tie breaking vote. 4 other cities of populations between 200,000 & 299,999 have charters. Mayors all of these, (A) all are elected at large, (B) all have full vote as a councilperson, & (C)mixed as to powers of him/her: a. Chula Vista - (A) Elected by city-wide at-large vote (council by ward) [300]; (B)mayor& councilpersons each have one vote [201 & 301A]; (C) additional specific powers of mayor set forth, but not specially involved with any appointments [304];prohibited from interfering with city manager's responsibilities [305]. b. Irvine- (A)Elected by city-wide at-large vote along with 4 other councilpersons& (B)votes as a councilperson& serves as presiding officer [400]; (C) sets forth no other duties [400]. C. Modesto- (A)Elected by city-wide at-large vote (council by districts) [501]; (B)has full vote with council [601(t)]; (C)powers set forth at length including some powers of appt [601] & has some powers of appointment [601] &to nominate city manager [800]. d. Stockton - (A) Elected by city-wide at-large vote (council by districts/at-large) [602]; (B)has full vote as member of city council [401 & 1100]; (C) extensive powers (including appointments [1102] &nomination of city manager [1200]) set forth. 4 cities of populations between 300,000 and 399,999 have charters. Mayors of all of these, (A)all are elected at large, (B)2 have full vote as a councilperson& 2 vote only to break tie, &(C) mixed as to powers of him/her: e. Anaheim - (A) Elected by city-wide at-large along with 4 other councilpersons [500]; (B)full voting& some other powers set forth [504]; (C) "head of City" etc.powers [504], but manager is CAO [600 & 604]. f. Riverside- (A) Elected by city-wide at-large vote (council by wards) [400]; (B)Mayor presides over Council with only a tie breaking vote; (C)mixed as to powers of Mayor, is "head of City" [405], no administrative powers [407], but not much else in charter as to powers or duties. g. Bakersfield - (A) Elected by city-wide at-large vote (council by wards) [14]; (B)votes only in case of tie [14]; (C) serves as"head of City",presides, but no administrative powers [20(a)]. h. Santa Ana- (A)Mayor elected at large with(B)full vote as councilperson [400]; (C) presiding officer, "head of city", no administrative powers [404] (manager is CAO [501]. 9 of the 16 cities of populations between 150,000 & 199,999 have charters. Mayors of all of these, (A) 6 elected at large, 3 selected from council; (B)all have full vote; (C)mixed as to powers i. Glendale-(A&B)selected from council annually[VI-5]; (C) Mayor given some specific powers[VI-5]. j. Hayward-(A)elected at-large[500],(B)full vote with council. [604]; (C)given some specific powers[604]. k. Lancaster-(A)elected at-large(B)with full vote[201];(C)minimal specific powers[202]. I. Oceanside-(A)elected at-large&(B)full vote with council-Council-Manager[200];(C)otherwise as General Law[500]. m. Palmdale-(A)elected at-large&(B)full vote with council-Council-Manager(specific)[200];(C)otherwise as General Law[102]. n. Pomona-(A)elected at-large[401];(B)full vote with council[502];(C)given some specific powers[406]. o. Salinas-(A)selected from council[11];full vote with council[13];(C) some powers&duties set forth[13]. P. Santa Rosa-(A&B)selected from Council with full vote[151;(C)powers not stated,but manager is administrative head[18]. q. Torrance- (A&B)Mayor elected at-large,with full vote[600]; (C)minimal powers of mayor set forth [610. 4. San Bernardino's Charter Reform Principles & Objectives (5/19/14) -#2 provides that the charter should set forth guiding principles and standards, not detailed rules and procedures. #3 provides that the charter should be designed to enable the city to operate in an efficient,businesslike manner. 5. San Bernardino's Strategic Plan & Good Government Operating Practices a. Guiding Principle#6 says: "The City must have a form and system of governance that is proven to support satisfactory performance by other municipal corporations of comparable size and complexity". b. (C) San Bernardino's Operating Practices for Good Government Agreement says Mayor is to be the leader of the City&not interfere with city management. 6. Other Issues Relevant to the Topic -I have none at this time. 7. San Bernardino's Current Charter (A) Mayor elected at large [14]; (B) Mayor may vote in case of a tie vote [30]; all actions of Mayor are subject to council's power to override Mayor by 2/3 vote [39] (C) Mayor can act on appoint and removal of various positions, sometimes only with council concurrence[40(s) & 51]; Mayor CEO [50] &has general supervision of manager, chiefs of police &fire 7 & all elected officers except councilpersons [52]; Mayor appoints (subject to council confirmation) City Manager [100]; Mayor appoints Water Board Members (but has no power of removal) [160]; Mayor and Council set many salaries [180, etc.]. 8. Charter vs Code Filter a. Manner of election&vote at Council are constitutional in nature. Similarly,basic relationships between Mayor and council and other officers and,possibly,whether positions are full time or part time. Specific compensation and details should be left to ordinance. b. (A) Commentators seem are divided as to whether Mayor should be elected at large or from council. (B) Veto and tie breaking powers of Mayor may interfere with Council-Manager gov. (C) Stating powers of Mayor can provide for stature in regional bodies. 9. General Law a. Allows for Mayor to be elected at large or selected from amongst the Council [34900 et seq]; elected Mayors with consent of the city council make all appointments to boards, commissions and committees [40605]; any additional responsibilities and duties of the Mayor would be set by ordinance [I think]; compensation for elected Mayors may be set by ordinance or vote of electors [36516.1]. b. More than 2/3 of California's Cities are General Law. 10. My Thoughts Mayor should be elected directly by voters and have full voting rights at council table, not tie breaking only. However,to keep an odd number of council votes, either one additional at-large councilperson should be provided for, or the wards reduced to 6. Mayor's specific powers should be set forth in charter, but no administrative and few, if any, appointment powers. General law allows for much the same, but more is left to council. i PMS ANALYSIS of SKELETON MANAGER PROVISIONS (updated 7/8/15) (Revisions from my prior Analysis are in bolded italics.) Descriptions of Skeleton Issues Related to this Topic: A. Manner of selection B. Responsibilities/Duties C. Other? 1. Input Received from the Public- (B) From 280 responses to questionnaire received, 47.14% agreed that the City Council's policy should be implemented by the City Manager as Chief Executive Ovvicer of the City,25.36% disagreed, and 27.5% were uncertain and from 275 responses to questionnaire received, 69.82% agreed that the City Manager should be responsible for all administrative duties, 18.91% disagreed, and 11.27% were uncertain. 2. National Civic League Model City Charter& Guide A. Council, by majority vote of whole council, should appoint City Manager for an indefinite term. Mayor should not be involved. B. Act as CEO of City responsible for hiring and firing all city employees &appointive officers, no exceptions. 3. Other Similar California Cities (SB is about 214,000) Of the 17 charters reviewed below, (A) 15 city managers are appointed by council and 2 are nominated by major& then appointed by council, and(B) 2 are designated as Chief Executive Officer, 9 as Chief Administrative Officer, I is given general administrative powers, I designates as administrative head with mayor as executive head, and 4 are as per general law. 4 other cities of populations between 200,000 & 299,999 have charters. As to their managers, (A) 2 are appointed by the council & 2 are nominated by Mayor and selected by council, and (B) 2 are CEOs and 2 CAOs: a. Chula Vista - (A) Appointed by the Council [400(a)], removal takes the votes of 3 of the 5 councilpersons [400(b)]; (B) is the "executive officer of the city" [400] and is responsible for the "proper administration of all affairs of the city" [401]; and appointment& removal of officers & department heads except elective officers and their secretaries & department heads appointed by council [401(a)]. b. Irvine - (A) Appointed by council [500]; (B) is the "chief administrative officer of the City" [500]. C. Modesto - (A) Mayor nominates at least 2 candidates & Council selects [800]; (B) is the "chief executive officer" of City government; appoints and removes all employees [801]. d. Stockton - (A) Mayor nominates l or more candidates for City Manager, & Council appoints for indefinite term [1200]; (B) is the chief administrative officer of the City [1201]; powers of appointment and removal of all general officers & employees 1201(a). 4 cities of populations between 300,000 and 399,999 have charters. As to their managers, (A) all are appointed by council, and (B) 3 are CAOs, & one is given essentially all administrative powers: d. Anaheim - (A) Appointed by a majority of the council [600]; (B) is the chief administrative officer of the City [600]; appoint, discipline &/or remove all departments heads, officers & employees except elective officers and those whose appointment is vested in the Council [604(a)]. C. Riverside- (A) Appointed by majority vote of Council [600]; (B) serves as chief administrative officer [600]; appoints, disciplines &/or removes all department heads (exception electeds & per Charter) [601]. f. Bakersfield - (A)Appointed by the Council [34]; (B)has general supervision&direction of the administrative operation of the city government [35]; appoint& remove all officers & employees except as per charter [36-6]. g. Santa Ana - (A) Council appoints, but removal requires a 2/3 vote [500]; (B) is the chief administrative officer [501]; appoints, with approval of Council as to department heads and officers and all employees (exception as per Charter) [501(a&b)]. 9 of the 16 cities of populations between 150,000 & 199,999 have charters. As to their managers, (A) all are appointed by council, and (B)4 are CAOs, one designates as administrative head with mayor designated as executive head, and 4 are as per General Law: h. Glendale-(A)Council appoints,(B)serves as chief administrative officer[1(a&b)]. i. Hayward-(A)Appointed by Council,(B)serves as the chief administrative officer of the City[700];power to appoint&remove officers and employees except as otherwise in Charter[701-1]. j. Lancaster-(A&B)As per General Law[101]. k. Oceanside-(A&B)As per General Law[500]. 1. Palmdale-(A&B)As per General Law[101]. in Pomona-(A)Majority vote of Council appoints[601(b)],(B)serves as chief administrative officer and makes all appointments except electeds&appointees of Council[601(a)]. n. Salinas-(A&B)As per general law[107]. o. Santa Rosa-(A)Appointed by Council,(B)serves as administrative head' [18],but Mayor is"executive head"[15]. P. Torrance-(A)Appointed by Council[910];(B)responsible for"the proper and efficient management of all the affairs of the City placed in his charge by the Charter or Council"[920]. 4. San Bernardino's Charter Reform Principles & Objectives (5/19/14) -#2 provides that the charter should set forth guiding principles and standards, not detailed rules and procedures. #3 provides that the charter should be designed to enable the city to operate in an efficient,businesslike manner. 5. San Bernardino's Strategic Plan & Good Government Operating Practices a. Guiding Principle#6 says: "The City must have a form and system of governance that is proven to support satisfactory performance by other municipal corporations of comparable size and complexity". b. (C) San Bernardino's Operating Practices for Good Government Agreement says Mayor is to be the leader of the City&not interfere with city management. Sets forth six authorities, duties, and responsibilities of the manager. 6. Other Issues Relevant to the Topic -I have none at this time. 7. San Bernardino's Current Charter A. Mayor appoints (subject to council confirmation) City Manager [100]; B. Manager recommends most all appointments, which are made by council [40(s)]; Manager is chief administrative officer[100], but Mayor is chief executive officer [50],having general supervision of manager, chiefs of police&fire. [52]. 8. Charter vs Code Filter a. Establishment of City Manager as primary CEO is essentially Constitutional rather than just administrative or procedural b. Establishing this in the Charter should all San Bernardino to be the great city we aspire for it to be,vs being just a functional city. 9. General Law a. Allows city manager form of govt. established by council or electors by ordinance [34851]; such ordinance shall define powers & duties of manager and may fix compensation or minimum compensation [34852]; &Manager may appoint and dismiss chief of police, city clerk&city treasurer& appointed officers other than city attorney [34856]. b. More than 2/3 of California's Cities are General Law. 10. My Thoughts -(A) Manager should be appointed by council,without need for Mayor's appointment, and(B)Manager should have all administrative and appointment powers except as otherwise specifically provided in Charter. General law allows for this, except less decided by citizens and more by council. i I PMS ANALYSIS of SKELETON ATTORNEY PROVISIONS (updated 7/8/15 (Revisions from my prior Analyses are in bold italics.) Descriptions of Skeleton Issues Related to this Topic: A. Elected at-large or appointed B. Appointed by whom C. Special powers/authorizations D. Other? 1. Input Received from the Public -From the 280 responses received to date, 57.25% say elected by voting public, 38.41% say appointed, and 4.35% were uncertain. 2. National Civic League Model City Charter& Guide-Model charter says(A)appointed and (B) (1)by city manager or(2) by city manager subject to confirmation by council, or(3)by council. Strong preference given to alternatives 1 or 2. (C)No special powers recommended. 3. Other Similar California Cities (SB is about 214,000) Of the 17 charters reviewed below, (A) one has an elected city attorney & 16 have appointed city attorneys; (B) of the 16 appointed attorneys, all seem to be appointed by the Council(the one with an elected attorney, authorizes the Council to select its own legal council); & (C) 11 have general duties set forth in charter, and 6 seem to leave to Code/Council. 4 other cities of populations between 200,000 & 299,999 have charters. As to attorneys of these, (A) 3 are appointed(B)by the council, and one is elected city wide at large and authorizes council to establish it's own separate legal council. (C) all have rather general, broad powers: a. Chula Vista - (A)Nominated&elected like Mayor city wide at-large [503(c)]. Charter authorizes the Council to elect a separate Legislative Council [503.1]. (C) Each have separate powers [503(b)] & 503.1(b-e)]. b. Irvine- (A)Appointed (B) by council [701]. Most duties as prescribed by council [701]. C. Modesto - (A) appointed(B) by council [900]. Broad general powers set forth [902]. d. Stockton - (A)appointed (B)by council [1302]. General duties set forth [1303]. 4 cities of populations between 300,000 and 399,999 have charters. Attorneys of all of these, (A)all appointed (B) by the council. (C) 3 have general duties set forth, and one leaves duties to be set by council: d. Anaheim - (A) appointed(B)by council [701]. (C) General legal powers given [703]. e. Riverside- (A) appointed(B)by council [700]. (C)General duties set forth [702]. f. Bakersfield - (A)appointed(B)by council [34]. (C)Duties to be proscribed by council [39]. g. Santa Ana - (A)appointed(B)by council [701]. (C) General duties set forth [703]. 9 of the 16 cities of populations between 150,000 & 199,999 have charters. As to attorneys for these, (A&B) all seem to be appointed by council. h. Glendale-(A)appointed(B)by council[IV-1]. (C)General duties set forth[VIII-2]. i. Hayward-(A)appointed(B)by council[801]. (C)General duties set forth[808]. i. Lancaster-(A,B&C)as per General Law[101]. k. Oceanside-(A,B&C)as per General Law[500]. 1. Palmdale-(A,B&C)as per General Law[102.] M. Pomona-(A)appointed(B)by council[703]. n. Salinas-(A)appointed(B)by council[39];basic duties set forth[45]. o. Santa Rosa-(A)Appointed(B)by council[19];(C)brief duties set forth[19]. P. Torrance- (A&B) couldn't find manner of selection and/or by whom appointed; (C)brief duties set forth [1010]. 4. San Bernardino's Charter Reform Principles & Objectives (5/19/14) - #2 provides that the charter should set forth guiding principles and standards, not detailed rules and procedures. #3 provides that the charter should be designed to enable the city to operate in an efficient, businesslike manner. 5. San Bernardino's Strategic Plan & Good Government Operating Practices a. Guiding Principle #6 says "The City must have a form and system of governance that is proven to support satisfactory performance by other municipal corporations of comparable size and complexity". b. San Bernardino's Operating Practices for Good Government Agreement says "The City Attorney will focus his attention and resources on the performance of his duty as chief legal officer to provide legal advice to the Mayor, Common Council and City Manager, and the management of his office, and shall leave the formulation of policy and managerial matters exclusively to those officials charged by the City Charter with those duties." 6. Other Issues Relevant to the Topic - This is a potential political hot issue. 7. San Bernardino's Current Charter- A. Section 14 provides for the City Attorney to be elected at large for a 4 year term. B. Not appointed. C. City Attorney's written consent required to hire outside legal council. 8. Charter vs Code Filter a. Status of Attorney for City has been for San Bernardino essentially Constitutional, not just administrative or procedural, but should it be? b. Question whether locking in provisions concerning City Attorney in SB's Charter contributes toward San Bernardino becoming a great city versus just a functional one. 9. General Law a. A City Attorney may be appointed by Council [36505] b. More than 2/3 of California's Cities are General Law. 10. My Thoughts -Serious consideration needs to be given to the fact that a majority of the public seem to like the elected city attorney while the vast majority of other similar cities, the model charter, and professional advisors advise having the City Attorney appointed. I believe that we shold recommend making city attorney appointed by Council and leave powers up to Code/Council, not be set forth in Charter. Would be the same under general law. PMS ANALYSIS of SKELETON CLERK PROVISIONS (updated 7/8/15) (Revisions from my prior Analysis are in bold italics.) Descriptions of Skeleton Issues Related to this Topic: A. Elected at-large or appointed B. Appointed by whom C. Other? 1. Input Received from the Public - From the 276 responses received to date, 58.33% say elected by the voting public, 35.14% say appointed, and 6.52% were uncertain. 2. National Civic League Model City Charter & Guide- Model charter says (A) appointed and (B) by city manager. 3. Other Similar California Cities (SB is about 214,000) Of the 17 charters reviewed below, (A) 15 city clerks are appointed and 2 are elected by vote of the public; and(B) of those appointed, 10 are by the City Council, 2 by the City Manager, and 3 in accordance with gen law. 4 other cities of populations between 200,000 & 299,999 have charters. As to clerks of these, (A) all are appointed (B) by the council: a. Chula Vista - (A) Appointed (B) by council.[500(a)]. b. Irvine - (A) Appointed (B) by council [600]. C. Modesto - (A) appointed (B) by council [900]. d. Stockton - (A) appointed (B) by council [1400]. 5 cities of populations between 300,000 and 399,999 have charters. Clerks of these, (A) all appointed (B) 3 by the council & 1 by the manager: d. Anaheim - (A) appointed (B) by council [701]. e. Riverside - (A) appointed (B) by council [700]. f. Bakersfield - (A) appointed (B) by manager [36(6)&38]. g. Santa Ana - (A) appointed (B) by council [701]. 9 of the 16 cities of populations between 150,000 & 199,999 have charters. As to clerks for these, (A) 2 are elected at-large and 7 are appointed (B) of those appointed, one by manager, 6 by council. h. Glendale-(A&B)elected at-large[N-1]. i. Hayward-(A)appointed(B)by council [801]. j. Lancaster-(A&B)as per General Law[101]. k. Oceanside-(A&B)as per General Law[500]. I. Palmdale-(A&B)as per General Law[102.] M. Pomona -(A)appointed(B)by council [702]. n. Salinas-(A&B)appointed(B)by council [39]. o. Santa Rosa-(A)Appointed(B)by manager[20]. p. Torrance- (A&B) elected at-large [600], but council may put to voters making this a position to be appointed by the council [640]. 4. San Bernardino's Charter Reform Principles & Objectives (5/19/14) - #2 provides that the charter should set forth guiding principles and standards, not detailed rules and procedures. #3 provides that the charter should be designed to enable the city to operate in an efficient, businesslike manner. 5. San Bernardino's Strategic Plan & Good Government Operating Practices Guiding Principle #6 says "The City must have a form and system of governance that is proven to support satisfactory performance by other municipal corporations of comparable size and complexity". 6. Other Issues Relevant to the Topic- I have none at this time. 7. San Bernardino's Current Charter- A. Section 14 provides for the City Clerk to be elected at-large for a 4 year term. B. Not appointed. 8. Charter vs Code Filter a. Question whether locking provisions concerning City Clerk is essentially Constitutional or just procedural or administrative. b. Question whether locking in provisions concerning City Clerk in SB's Charter contributes toward San Bernardino becoming a great city versus just a functional one. 9. General Law a. A City Clerk is be appointed by Council [36501] b. More than 2/3 of California's Cities are General Law. 10. My Thoughts -Again we have a majority of the input from the public favoring electing the Clerk by the voting public, but professional advice& the vast majority of other similar cities have the clerk appointed, mostly by the City Council. I thinks we shold have the City Clerk appointed by Council. Would be the same under general law. PMS ANALYSIS of SKELETON TREASURER PROVISIONS (updated 7-8-15) (Revisions from my prior Analysis are in bold italics.) Descriptions of Skeleton Issues Related to this Topic: A. Necessity for a Treasurer B. Elected at-large or appointed C. Appointed by whom D. Other? 1. Input Received from the Public -From the 276 responses received to date, 57.25% say elected at-large,38.41% say appointed, and 4.35% were uncertain. 2. National Civic League Model City Charter& Guide-No specific language concerning Treasurer, financial officer, or required financial department. All left to be developed by council and administered by City Manager 3. Other Similar California Cities (SB is about 214,000) Of the 17 charters reviewed below, (A) 7 charters require a treasurer, 7 don't, and 3 are per General Law; 8 require a Director of Finance& 2 require an Auditor, (B) 16 are appointed& one is elected at-large; (C) it appears that 6 are appointed by City Manager, 5 are appointed by Council, and 4 are appointed by City Manager, subject to approval by Council, and 3 are General per Gen Law. 4 other cities of populations between 200,000 & 299,999 have charters. As to Treasurers of these, (A) only one requires one, one requires a Director of Finance, and 2 require a City Auditor; (B) all are appointed (C) by the council: a. Chula Vista - (A)No Treasurer provided for. (B) A Director of Finance is to be appointed [504] (C) by Manager 500(a)]. b. Irvine - (A,B&C)Required and appointed by council [702]. C. Modesto - (A)No Treasurer provided for, but a City Auditor required and (B) appointed (C) by council [900]. d. Stockton - (A,B&C)No Treasurer provided for, but a City Auditor required and appointed by council [1500]. 5 cities of populations between 300,000 and 399,999 have charters. As to Treasurers of these cities, (A)three require a Treasurer, one doesn't(B) all appointed (C) one by council, one by manager with the approval of the council & 1 by the manager. The one not requiring a Treasurer, requires a Director of Finance appointed by manager with approval of council. One requiring a Treasurer, also requires a Finance Director appointed by manager: d. Anaheim - (A) required [700] and (B&C) appointed by council [701]. A Director of Finance is also required and appointed by Manager subject to council's approval [604(a) . e. Riverside- (A,B&C) a chief financial officer/treasurer is required and is to be appointed by manager with approval of council [704]. f. Bakersfield - (A) a Treasurer and a Finance Director are required. (B) apparently appointed (C) by manager [36(6)&38]. g. Santa Ana - (A)No Treasurer provided for [704] but a director of finance provided for and to be (B) appointed by the manager subject to the approval if the council [501]. 9 of the 16 cities of populations between 150,000 & 199,999 have charters. As to Treasurers (&/or Finance Directors) for these cities, (A) 1 Treasurer is elected at-large and 8 are appointed (B) of those appointed, one by manager, 6 by council. (C) Some are appointed by council, some by manager, and some by manager subject to approval of council. h. Glendale-(A)A Treasurer[IV-1] and a Finance Director[XI-1] are required.(B)They are appointed(C)by manager subject to approval of council[IV-4]. i. Hayward-(A)No Treasurer provided for,but a Director of Finance required [800](B)who is appointed(C)by manager[801]. j. Lancaster-(A&B)as per General Law[101]. k. Oceanside-(A&B)as per General Law[500]. I. Palmdale-(A&B)as per General Law[102.] m. Pomona-(A)Treasurer required as is a Director of Finance[701]. (B) Treasurer appointed by(C)council [704], Director appointed by manager[705]. n. Salinas-(A)No Treasurer required,but a Director of Finance is provided for[46],(B)apparently appointed by council [41]. o. Santa Rosa-(A,B&C)No Treasurer provided for,but a Chief Financial Officer is to be appointed by manager [24]. P. Torrance- (A&B) required and to be elected at-large [600], but council may put to voters making this a position to be appointed by the council [640]. 4. San Bernardino's Charter Reform Principles & Objectives (5/19/14) - #2 provides that the charter should set forth guiding principles and standards, not detailed rules and procedures. #3 provides that the charter should be designed to enable the city to operate in an efficient, businesslike manner. 5. San Bernardino's Strategic Plan & Good Government Operating Practices Guiding Principle#6 says "The City must have a form and system of governance that is proven to support satisfactory performance by other municipal corporations of comparable size and complexity". 6. Other Issues Relevant to the Topic - Too much variety in approaches by other cities, so should minimize provisions in SB's charter to allow flexibility. 7. San Bernardino's Current Charter- A. Section 14 provides for the City Treasurer B. to be elected at-large for a 4 year term. C. Not appointed. 8. Charter vs Code Filter a. Question whether locking provisions concerning City Treasurer is essentially Constitutional or just procedural or administrative. b. Question whether locking in provisions concerning City Treasurer in SB's Charter contributes toward San Bernardino becoming a great city versus just a functional one. 9. General Law a. A City Treasurer is be appointed by Council [36501] b. More than 2/3 of California's Cities are General Law. 10. My Thoughts -Again we have a majority of the input from the public favoring electing the Treasurer by the voting public, but professional advice& the vast majority of other similar cities do not have the treasurer(or a Director of Finance) elected, but, rather, appointed. My conclusion is that we should not elect a Treasurer&/or a Director of Finance and leave the establishment of this position to the Council. Possibly, however, requiring the position to be under the supervision of the City Manager.