HomeMy WebLinkAbout08-11-2015 Charter Committee Agenda & Backup City of San Bernardino
Volunteer Citizen-Based Charter Committee
Agenda
Time: 5:00 p.m.
Date: Tuesday, August 11, 2015
Place: EDA Board Room 201 N. E Street, San Bernardino, CA 92418
Please contact the City Clerk's Office(909)384-5102)one working day prior to the meeting for any requests for
reasonable accommodation, including 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)
I. Approval of minutes from July 28, 2015 meeting(attached)
2. Special Presentations—City Treasurer Kennedy(scheduled for approximately 6:00 p.m.)
3. Procedural and Informational Matters
a. Review status of Questionnaire responses (attached)
b. Review Timeline (attached)
C. Review Tentative Governmental Skeleton—no change from prior meeting
4. Complete development of Skeleton Mayor, Council and City Manager Provisions(analyses
attached)
a. Review Operating Practices for Good Government and applicability to the Charter
Skeleton (attached)
b. Results of Interviews with Elected Officials(attached)
5. Develop Skeleton City Attorney Provisions(PMS analysis attached)
6. Develop Skeleton City Clerk Provisions(PMS analysis attached)
7. Develop Skeleton City Treasurer Provisions (PMS analysis attached)
8. Next Meeting Date and Time
ADJOURN
Unless changed at the August 11'"meeting, the next meeting of the Volunteer Citizen-Based Charter
Committee will be 5:00 p.m., Tuesday, August 25, 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.
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Charter Review Committee
Tuesday, July 28, 2015
Minutes
Committee Members Present: Dennis Baxter, Tom Pierce, Casey Dailey, Michael Craft, Gloria
Harrison, Gary Walborne, Hillel Cohn, Vicki Lee
Committee Members Absent: Phil Savage
Staff/Committee Consultants Present: Cathy Standiford, Management Partners, City Attorney Gary
Saenz and City Clerk Gigi Hanna
Vice-Chair Gloria Harrison called the meeting to order at 5:03 p.m.
Public Speakers
None
Minutes
A motion was made by Baxter, seconded by Craft to approve the Minutes of the July 14, 2015 meeting.
The motion carried, with Harrison abstaining because she was absent for that meeting.
Action Items
• A motion was made by Craft, seconded by Walborne to defer the discussion of a part-time vs.
full-time Mayor and Common Council ultil August 11. The motion carried.
Next Meetinp_Date and Time
The next meeting of the Volunteer Citizen-Based Charter Committee will be 5:00 p.m., Tuesday, July 28,
2015.
The meeting adjourned at 7:03 p.m.
Respectfully submitted by
Gigi Hanna, CIVIC
San Bernardino City Clerk
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Charter Committee Working Timeline—August 11, 2015
The purpose of this Timeline is to document the San Bernardino Charter Committee's progress and
capture additional tasks and activities that should be considered by the Committee in the future.
Meetin
Date Task or Activity Comments/Status
5/12/15 Developed In p;!Questionnaire(Survey) Complete
5/26 Receive Input from Survey Agreed to continue to receive input on survey
Request Council approval for professional Complete;professional assistance provided effective 7/7/15
input
Discuss plan to develop Timeline Draft was available,but was not discussed
Discuss plan to deal with Charter topics Draft was available,but was not discussed
6/9 Discuss approach to Charter Review Agreed upon approach,including focusing on Charter skeleton before
specific topic details
Received and reviewed information on Discussed
professional and public input
Approve plan for disseminating survey Complete
Review working timeline Complete. Timeline will be updated regularly as changes occur
Consider form of Government for Charter Preliminary Recommendation: Council—Manager Form of
skeleton Government in Charter Skeleton
Discuss skeleton City Council structure and Preliminary Recommendation: Maintain a Ward System
powers Council representation for Charter
skeleton
6/23 Afeeting Cancelled
7/7 Discuss professional advisors and scope of Complete
work
Introduce new participants to Charter Welcomed Committee Member Vicki Lee
Committee
Complete discussion of skeleton City Preliminary Recommendation: City Council powers should be
Council structure and powers limited to legislative and policy making,not administrative and
operational
Discuss skeleton Mayor provisions Preliminary Recommendation: Mayor should be elected at-large.
Powers,voting privileges and impacts on ward system deferred to
next meeting
7/14 Continue discussion of skeleton Mayor Preliminary Recommendation: Retain the current number of
provisions wards(7)
Preliminary Recommendation: Mayor should have no
administrative,appointment or removal powers except as
otherwise provided in the Charter
Deferred consideration of Mayor's voting rights until input is
received from the Mayor and Council members
Agreed to provide meeting summaries to Mayor and Council
following each Committee meeting.
Agreed to periodically provide progress reports to the Mayor and
Council at their regularly scheduled meetings
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Meetin
Date Task or Activity Comments/Status
Begin discussion of skeleton City Manager provisions Preliminary Recommendation: Majority vote of all
members of the Common Council and Mayor required
for appointment of City Manager
7/28 Continue discussion of City Manager Charter Discussed. Recommendations deferred until August 11
Skeleton Discussions meeting(to consider results from elected official
interviews)
Begin discussion of skeleton provisions for City Discussion regarding City Attorney begun;
Clerk,City Attorney,City Treasurer recommendations deferred until August 11
8/11 Review common themes from Elected Official
Interviews
Review applicability of Operating Guidelines for
Good Governance to Charter Skeleton
Complete discussion on Mayor,Council,City
Manager interrelationship,roles and authorities
Complete Charter skeleton discussion regarding City
Attorney,City Clerk,City Treasurer
8/25 Charter Skeleton Discussion on Establishment of City
Departments,Commissions and Committees;City
Officers and Fiscal Management
Discuss plans for progress report to Mayor and Suggest scheduling for September 21 M/CC meeting
Council on skeleton
9/8 Meeting Rescheduled to September 15
9/15 Discuss Charter skeleton provisions related to Civil
Service,Elections,Ethics
Review and Discuss survey results
Presentation and discussion of General Law vs. Goal: Understand what San Bernardino gains or loses by
Charter City Issues becoming a General Law city
Finalize plans for progress report to Mayor and
Council on skeleton
9/21 Present Progress Report at Mayor Common Council -
Meeting
9/22 Complete Charter Skeleton Discussion,incorporating Incorporating input from Mayor and Council
input from Mayor and Council
Discuss content and format for public forum Suggest holding week of September 28 or Oct 5
TBD Hold Public Forum re:Skeleton
10113 __Begin work on specifics for each skeleton topic
10/27 Continue work on specifics
11/10 Continue work on specifics
11/24 Continue work on specifics Thanks i ing Week—confirm meeting
12/8 Continue work on specifics
12/22 Christmas/Hanukah—confirm meeting
1/12 Continue work on specifics
2/9 Discuss public input forum on Charterspecifics
2/23 Complete specifics on each topic kf)
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3/8 Discuss content and lonnat for Committee's report to
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Comments/Status NI ect ill
Mayor and Common Council
3/22 Hold Public Input Forum
4/12 Review and revise Charter Change proposal
4/26 Review draft report to Mayor and Common Council; Note:Report contents should contain summaries of each
discuss presentation format Committee recommendation and rationale(for use during
education and outreach)
5/10 Finalize draft report to Mayor and Common Council;
presentation format
5/16 Present recommendations to Mayor and Common Request approval for putting to a vote of the citizens
Council
Additional issues to be discussed include interrelationship between Mayor,City Council and City Manager;term limits?
2Additional skeleton topics to consider(in no particular order):Departments,Commissions,Committees,Agencies and
Reporting Relationships;Preamble;Municipal Powers/Authority;Elections;Fiscal Administration(i.e.,fiscal year,budget
submission,tax limits,public works contracts,claims,audit;Franchises;Code of Ethics;Initiatives,Referendums and Recalls;
Severability,Transition and Municipal Code Issues Resulting from Charter Revisions,Charter Amendments;Charter violations
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SAN BERNARDINO GOVERNMENTAL STRUCTURE TENTATIVE SKELETON(8/11/15)
1. Council - Manager Form of Govt.
I1. City Council
2.1 Based on present 7 Ward System
2.2 Policy Making& Legislative, not Administrative
III. Mayor
3.1 Elected from Citizens at-large
3.2 Defer consideration of Mayor's Council voting rights until input is received from Mayor
and Councilpersons
3.3 To have no administrative, appointment or removal powers except as otherwise provided in
Charter
3.4 Majority vote of all members of Council and Mayor required for appointment of Manager
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PMS ANALYSIS of SKELETON MAYOR PROVISIONS (updated 7/15/15)
(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?
1. Input Received from the Public—Please refer to the most recent Summary of Questionnaire
Results
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 giving the mayor a
"break tie"vote or a veto power. (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 city 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 & 301 A]; (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 & 1 100]; (C) extensive powers(including
appointments [1 102] & 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 ro
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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 [405]; (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].
i. 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 [I 11;full vote with council [131;(C) some powers&duties set forth[13].
P. Santa Rosa-(A&B)selected from Council with full vote[15];(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], and the Mayor has required actions a
including being required to sign on the passage of any ordinance[31 & 1211,
effectively giving the Mayor a veto power on the passage of any ordinance.
(C) Mayor can 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.
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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—Please refer to the most recent Summary of Questionnaire
Results.
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, 1 is given general administrative powers, 1 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 1 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
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vested in the Council [604(a)].
e. 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].
m. 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.
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7. San Bernardino's Current Charter
A. Mayor appoints(subject to council confirmation)City Manager [100]; a
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& tire. [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
[3485 1]; 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.
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Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford,Partner
Subject: Interrelationship between Mayor,Common Council and City Manager as
Described by the Operating Practices for Good Government
Date: August 11,2015
The Charter Committee is considering elements that should be included in the Charter
"skeleton." In April 2015 the City's elected and appointed officials executed a document
entitled "Operating Practices for Good Government" (OPGG). OPGG is intended to clarify
various roles and responsibilities articulated in the charter to ensure effective and efficient
governance as the City works to emerge from bankruptcy.
The interrelationship between the Common Council, Mayor and City Manager was discussed
during the July 28,2015 Charter Committee meeting. During the discussion,the OPGG was
reviewed as a possible source for ensuring clarity of roles and responsibilities in the charter
document. Management Partners was directed to review the OPGG and identify the practices
that might lend themselves to inclusion in the Charter. The purpose of this memorandum is to
transmit those practices.
The OPGG clarifies roles and responsibilities for the Common Council, Mayor,Common
Council and Mayor(as a single governing body), the City Attorney and City Manager. The
following are verbatim excerpts from the OPGG document that have applicability as potential
charter provisions consistent with best practices.
Common Council
1. The role of the Common Council is legislative in character,which includes the power to
set policy,approve contracts and agreements and undertake other obligations consistent
with the Charter and Code, while deferring to the discretion of management and staff to
choose the appropriate means to achieve the Council's goals.
2. The Common Council, as the elected body serving all of the residents of the City,shall
perform its duties and exercise its powers in a manner that serves the best interests of
the entire City,rather than any particular geographic area or special interest.
Mayor I:t
1. The Mayor will build consensus with the Common Council to create and implement a Qo
shared vision and plan of implementation to restore the City's fiscal integrity. o`1.
1730 MADISON ROAD • CINCINNATI,OH 45206 • 513 8615400 • Fax 513 8613480 MANAGEMENTPARTNERS.COM
2107 NORTH FIRST STREET,SUITE 470 • SAN JOSE,CALIFORNIA 95131 • 408 437 5400 • FAx 408 453 6191
3152 RED HILL AVENUE,SUITE 210 • COSTA MESA,CALIFORNIA 92626 • 949 222 1082 • FAx 408 453 6191
2. The Mayor will establish and maintain partnerships and regional leadership roles to
advance the City's interest.
3. The Mayor will be the key"face"and chief spokesperson for the City.
4. The Mayor will be the presiding officer at meetings of the Common Council and will
fully participate in discussions.
5. The Mayor will,consistent with the separation of powers contemplated by a reasonable
reading of the City Charter,not interfere with the discretion of the City Manager in the
exercise of his powers and performance of his duties under the City Charter.
6. The Mayor will work with the Common Council and City Manager to coordinate goal
setting and the performance evaluation of the City Manager
Mayor and Common Council
1. The Mayor and Common Council will jointly develop clear expectations of the City
Manager and hold him/her accountable by conducting performance evaluations every
six(6)months. (Note:A common practice is for the timing and/or frequency of
performance evaluations to be articulated in the City Manager's employment
agreement.)
2. The Mayor and Common Council will develop and implement norms(Code of Conduct)
to guide and direct their interactions and duties, including measures to hold one another
accountable for deviations from the goals and principles set forth in the City Charter,
City Code and these Operating Practices.
3. Neither the Mayor nor the Common Council will interfere with the judgement and
discretion of management staff with respect to the duties that are typically managerial in
nature, such as the appointment,removal and supervision of subordinate staff.
4. Neither the Mayor nor the Common Council will direct departmental staff(other than
those in their own departments).
City Attorney
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.
City Manager
1. The City Manager will be the sole authority for managing City operations and directing
City staff in those departments under his supervision.
2. The City Manager will make business and policy recommendations based solely on his
or her independent professional judgement and best practices in the interests of the City,
rather than political considerations, and to this end shall strictly guard against
interference with the performance of his duties.
3. The City Manager will be accountable for the implementation of Council goals and
policy and the overall performance of the City.
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4. The City Manager will be responsible for ensuring that the Common Council and Mayor
are fully informed on all aspects of important emerging issues,and as part of that
responsibility will fully brief the Common Council at their Council Meetings on business
matters before them.
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Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford,Partner
Subject: Summary of Results from Interviews with Elected Officials
Date: August 11,2015
The Charter Committee is considering elements pertaining to the Mayor and City Council that
should be included in the Charter"skeleton." At its July 14,2015 meeting, the Charter
Committee directed Management Partners to solicit input from the City's elected officials and
city manager to help inform the Committee's work. The purpose of this memorandum is to
summarize the input that has been gathered to date.
Methodology
The City's elected officials were contacted to invite them to provide input. Individual
interviews were conducted during the week of July 27. Interviews with the city manager and
city treasurer are currently pending.
The interviews were designed to gather opinions about the general effectiveness of the City's
current charter, as well opportunities for improvement. Opinions also were sought regarding
specific roles,responsibilities and authorities of the elected officials and city manager and other
areas that the Charter Committee either has discussed or is scheduled to discuss in the course of
its work.
Interview Results
The following are common themes and points of consensus that emerged during the interviews.
The existing Charter should be completely revised. There is strong consensus among the
elected officials that San Bernardino's charter is convoluted and confusing. There is also
unanimous agreement the charter should be repeated and a new charter voted on in its place.
When asked if there are charter sections that work well and should be retained, most indicated
the existing charter should be replaced with a simpler,easier to understand document that
reflects best practices for modern municipal governance and clarifies the roles and
responsibilities of San Bernardino's elected and appointed officials. There is strong consensus
that all sections should be open for discussion, and if they interfere with the City's ability to
operate efficiently and effectively, they should be recommended for repeal. a
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[ 0
Summary of Results from Interviews with Elected Officials
The charter should reflect the Operating Practices for Good Government. The Operating
Practices for Good Government were executed by the Mayor and Common Council in April
2015 to further clarify roles and responsibilities set forth in the current charter. There is strong
consensus that the Operating Practices be incorporated into the new charter, and a few elected
officials went so far as to suggest the Operating Practices should function as the charter
"skeleton." Others indicated the Operating Practices should be considered a starting point,but
should be expanded as necessary to ensure there is no redundancy or overlap in roles and
authorities for elected and appointed officials.
The charter should specify San Bernardino will follow the council-manager form of
government,consistent with the principles defined in the Operating Practices for Good
Government. Several participants indicated that the current governance structure, a hybrid of
the council-manager and strong-mayor forms, is not effective and contributes to role confusion.
There is strong consensus that the Mayor and Common Council should provide policy and
legislative direction and should not be involved in administrative or managerial duties.
Instead,the city manager should be the chief executive officer responsible for executing the
Mayor and Council's direction and for managing the daily operations of the organization.
Those interviewed are evenly split in their opinions about the legislative and policy making
role of the Mayor. Half indicated the Mayor should have the same ability to vote on legislative
and policy matters as Common Council members. Reasons given for this perspective included
the following:
• The Mayor is elected at-large by the people and should therefore be able to represent the
people by voting on legislative and policy matters.
• Mayoral voting privileges are more consistent with common practice.
• The intended "checks and balances" outlined by the charter do not work. These include
the ability of the Mayor to veto Common Council actions and the ability of the Common
Council to override mayoral decisions. If the Mayor can vote there is no need for either
veto or override powers and they should be removed from the charter.
• The Mayor and Common Council should function as one legislative and governing body
instead of the disjointed governance structure that exists today.
• Concerns about tie votes can be addressed by reducing the number of wards or having
the position of Mayor rotate among the members of the Common Council.
Half of those interviewed indicated the Mayor should not have voting privileges, primarily
because doing so is perceived to grant the Mayor more authority than the position currently
has. Two participants indicated the Mayor also should not have veto powers over Common
Council actions. Instead the role of Mayor should be limited to that of a figurehead,presiding
officer and "cheerleader" on behalf of the City.
There is no consensus as to whether the position of Mayor should be full-or part-time.Four
of those interviewed stated the Mayor should continue to be full time,primarily because it '-
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allows him or her to represent the City on regional boards and committees. Two participants
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Summary of Results from Interviews
with Elected Officials
stated the position should be part time and that regional responsibilities should be divided
among members of the Common Council. Two participants had no opinion on the employment
status for Mayor.
The number of wards should be reduced. A majority of those interviewed indicated the
number of wards should be reduced. This was a common theme expressed by those who
indicated the Mayor should have voting privileges,but was echoed by others as well. Most
stated voters might find it more palatable to redistrict to six wards instead of four.
The positions of city attorney and city clerk should be appointed,not elected. There was
universal agreement among all elected officials that these positions should be appointed,with
the Mayor and Common Council as the appointing body. Reasons provided include the
following.
• The practice of electing a city attorney and city clerk predates the evolution of these
municipal functions into modern professions. There are now attorneys who specialize
in municipal law. Most city clerks have specific education and training allowing them to
become a Certified Municipal Clerk(CMC).
• Appointing the city attorney clarifies the role as legal advisor to the Mayor,Common
Council,city manager and other city officers and makes it less likely for the city attorney
to set or strongly influence policy.
• An appointed city attorney is consistent with best practices as evidenced by the
relatively low number of elected city attorneys in the State of California.
• An appointed city clerk is also consistent with best practices.
• Appointment processes for city attorney and city clerk allow the best candidates to be
identified based on skills,education and experience. Election processes tend to identify
the candidates best at campaigning,not necessarily those best at performing the
required functions.
If necessary,the city treasurer should be appointed. Most of those interviewed question the
necessity for a city treasurer because the duties involve a level of expertise that already exists in
professional Finance Department staff. There is consensus that the treasurer should be
eliminated as an elected position,and the duties of treasurer should be delegated to the finance
director. (Note: Some cities designate the finance director as the city treasurer either by charter
or by municipal code.)
The city manager should be appointed by the Mayor and Common Council as a whole.There
was unanimous support for changing the charter language to give the Common Council greater
involvement in the selection of a city manager, consistent with the council-manager form of
government.
The police chief,fire chief,and all other department heads should be appointed by the city
manager,not the Mayor. The city manager also should have the independent authority to
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appoint or terminate other city employees. There is unanimous agreement that the power to
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Summary of Results from Interviews with Elected Officials
appoint or terminate these positions should be delegated to the city manager as the chief
executive officer. Several participants indicated the Common Council should not be involved in
approving routine personnel matters.
The Water and Library Departments should come under the purview of the city manager and
the Civil Service Department should be eliminated. Most interview participants stated the
Water and Library Departments should come under the authority of the city manager. The
Water Board of Commissioners and Library Boards should be retained,but become advisory
bodies comparable to the Parks and Recreation Commission or Police Commission. The
primary reasons given for converting the Water and Library Departments into"city manager
departments"was to consolidate oversight of these departments,generate economies of scale
through shared internal support functions and systems,and improve operational efficiency.
There is unanimous agreement the Civil Service Department should be eliminated and the
functions reassigned to the Human Resources Department to eliminate the redundancy
between the two operations. Some participants stated having a civil service system has become
less necessary due to modern collective bargaining laws. (Note:Many of the civil service
provisions in the existing charter could be addressed in the City's municipal code and/or
collective bargaining agreements.)
The charter should provide more flexibility to adjust compensation for members of the
Common Council. There is unanimous agreement that the$50 per month compensation for
Council members is too low. When presented with various alternatives,most stated a
preference for giving the Mayor and Common Council the ability to establish their
compensation by ordinance,following a public hearing. While everyone agreed that
compensation should not be an incentive to run for office,they noted the salary for Council
members has not been adjusted in almost 40 years,and may be a factor in attracting quality
candidates.
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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—Please see the most recent Summary of Questionnaire
Responses.
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 [7011. (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 1801]. (C)General duties set forth[808]. N
j. Lancaster-(A,B&C)as per General Law[101].
k. Oceanside-(A,B&C)as per General Law[500]. a
I. 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 counsel.
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 v
believe that we should recommend making city attorney appointed by Council and leave
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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—Please see the most recent Summary of Questionnaire
Results.
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[IV-]].
i. Hayward-(A)appointed(B)by council [801].
.j. Lancaster-(A&B)as per General Law[101 J.
k. Oceanside-(A&B)as per General Law[500]. N
L Palmdale-(A&B)as per General Law[102.]
M. Pomona -(A)appointed(B)by council [702]. w
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 should have the City
• Clerk appointed by Council.
Would be the same under general law.
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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—Please refer to the most recent Summary of Questionnaire
Results.
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, S 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]. N
g. Santa Ana - (A)No Treasurer provided for [704] but a director of finance provided for and
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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. I layward-(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. �o
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. a
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.
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