HomeMy WebLinkAbout09-15-2015 Charter Committee Agenda & Backup City of San Bernardino
Volunteer Citizen-Based Charter Committee
Agenda
Time: 5:00 p.m.
Date: Tuesday, September 15, 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 7:30pm)
1. Approval of minutes from August 25, 2015 meeting(attached)
2. Special Presentations
3. Procedural Matters
a. Receive and Report on Communications & Questionnaire responses.
b. Review Timeline (attached)
C. Discuss plans for progress report to Mayor& Council (defer finalizing to end of
meeting)
d. Decide on next meeting date;
e. Present & Review Preliminary Governmental Skeleton (attached)
4. Development of Skeleton City Attorney Provisions (PMS Supplemental thoughts
attached)
5. Development of Skeleton City Clerk Provisions (PMS analysis previously provided)
6. Development of Skeleton City Treasurer Provisions (PMS analysis previously provided)
7. Development of Skeleton Departments & Agency Provisions (PMS analysis attached)
8. Consider what, if any, Offices and/or Departments should be specifically dealt with in
Charter.
ADJOURN
1 Unless changed at the September 15 1h meeting, the next meeting of the Volunteer Citizen-Based Charter Committee
will be S:00 p.m., Tuesday,September 22,2015 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.
1
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Charter Review Committee
Tuesday,August 25,2015
Minutes
Committee Members Present: Phil Savage, Tom Pierce, Michael Graft,Gary Walbome,Hillel Cohn,Vicki Lee
Committee Members Absent: Casey Daily,Gloria Harrison
Staff/Committee Consultants Present: Cathy Standiford,Management Partners;City Attorney Gary Saenz
Chair Savage called the meeting to order at 5:03 p.m.
Public Speakers
Mayor Davis expressed his opinions on some of the subjects discussed by the Committee.
Minutes
A motion was made by Craft,seconded by Walborne to approve the Minutes of the August 11,2015 meeting. The
motion unanimously carried.
Action Items
The Committee voted to:
• Lengthen the duration of future meetings from 2 hours to 2.5 hours.
• Approve a preliminary recommendation that the number of wards be reduced from seven to six.
• Incorporate the recommended roles for the City Manager from the Operating Practices for Good
Government into the Charter skeleton as modified below:
1. The City Manager will be the sole authority for managing City operations and appointing
and directing City staff, except as otherwise provided in the Charter
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 or her duties.
3. The City Manager will be accountable for the implementation of Council goals and
policy and the overall performance of the City.
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.
• Incorporate the recommended roles for the Mayor and Common Council from the Operating
Practices for Good Government into the Charter skeleton as modified below:
1. The Mayor and Common Council will jointly develop clear expectations of the City
Manager and hold him or her accountable by conducting periodic performance
evaluations.
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 and
City Code.
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.
3
4. Neither the Mayor nor the Common Council will direct departmental staff, other than
those in their own department.
Incorporate the recommended roles for the Common Council from the Operating Practices for
Good Government into the Charter skeleton as modified below:
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 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.
In addition,the Committee briefly discussed plans to provide the Mayor and Common Council with a progress report
of the Committee's activities on September 21,2015,and gave general direction to the Committee Consultant to
begin developing a presentation.
Next Meeting Date and Time
The next meeting date of the Volunteer Citizen-Based Charter Committee will be 5:00 p.m.,Tuesday,September 15,
2015.
The meeting adjourned at 7:26 p.m.
Respectfully submitted by
Cathy Standiford
Committee Consultant
4
Charter Committee Working Timeline— September 15, 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
'
I
Task or Activity Comments/Status
5/12/15 Developed Input Questionnaire Complete
(Survey)
5/26 Receive Input from Survey Agreed to continue to receive input on survey
Request Council approval for Complete;professional assistance provided effective 7/7/15
professional 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
A prove plan for disseminating survey Complete
Review working timeline Complete. Timeline will be updated regularly as changes
occur
Consider form of Government for Preliminary Recommendation: Council—Manager Form
Charter skeleton of Government in Charter Skeleton
Discuss skeleton City Council structure Preliminary Recommendation: Maintain a Ward System
and powers Council representation for
Charter skeleton
6/23 Meeting Cancelled
7/7 Discuss professional advisors and Complete
scope of work
Introduce new participants to Charter Welcomed Committee Member Vicki Lee
Committee
Complete discussion of skeleton City Preliminary Recommendation: City Council powers
Council structure and powers 1 should be 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
provisions of 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
5
Mectin
Date Task or Activity Comments/Status
Begin discussion of skeleton City Preliminary Recommendation: Majority vote of all
Manager provisions members of the Common Council and Mayor required
for appointment of City Manager
7/28 Continue discussion of City Manager Discussed. Recommendations deferred until August 11
Charter Skeleton Discussions meeting(to consider results from elected official
interviews)
Begin discussion of skeleton provisions Discussion regarding City Attorney begun;
for City Clerk,City Attorney,City recommendations deferred until August 11
Treasurer
8/11 Review common themes from Elected Reviewed
Official Interviews
Review applicability of Operating Discussion continued,but not completed.
Guidelines for Good Governance to Preliminary recommendation that the Mayor have the
Charter Skeleton same voting privileges as Common Council members.
Complete discussion on Mayor, Council, Preliminary recommendation that the roles of Mayor as
City Manager interrelationship,roles and reflected in the Operating Practices for Good
authorities Government(OPGG)be incorporated into the Charter
skeleton
Complete Charter skeleton discussion Presentations by City Treasurer Kennedy and Mayor Davis
regarding City Attorney, City Clerk,City
Treasurer
8/25 Complete discussion on Mayor,Council, Preliminary recommendations:
City Manager interrelationship,roles and • Reduce number of wards from 7 to 6
authorities . Incorporate recommended roles for City
Manager, Common Council and Mayor and
Common Council (combined)from OPGG
into the Charter skeleton
Complete Charter skeleton discussion Not discussed
regarding City Attorney,City Clerk,City
Treasurer
Charter Skeleton Discussion on Not discussed
Establishment of City Departments,
Commissions and Committees;City
Officers and Fiscal Management
Discuss plans for progress report to Mayor Confirmed scheduling for September 21 M/CC meeting
and Council on skeleton
9/8 Meeting Rescheduled to September 15
9/15 Charter skeleton discussion regarding City
Attorney,City Clerk,City Treasurer
Discuss Charter skeleton provisions
related to City departments and their
establishment
Review and Discuss survey results
Finalize plans for progress report to
Mayor and Council on skeleton
9/21 Present Progress Report at Mayor
Common Council Meeting
6
Meetin
Date or
9/22 Discuss input from Mayor and Council
from 9/21 Progress Report presentation,
modify skeleton as desired
Review and discuss General Law vs.
Charter City Issues
Discuss timing,content and format for
public forum(s)
TBD Hold Public Forum re:Skeleton
10/13 Begin work on specifics for each skeleton
topic
Discuss Charter provisions related to Civil
Service/personnel system,fiscal matters
10/27 Discuss Charter provisions related to
elections,referendums, initiatives
Continue work on other Charterspecifics
11/10 Continue work on specifics
11/24 Continue work on specifics Thanksgiving Week—confirm meeting
12/8 Continue work on specifics
12/22 Continue work on specifics Christmas/Hanukah—confirm meeting
1/12 Continue work on specifics
Discuss public input forum on Charter Tentatively schedule progress report for Jan 18 or Feb 1
specifics and/or progress report to Mayor
and Council
k2/9 Complete specifics on each topic
Discuss content and format for
Committee's report to Mayor and
Common Council
2/23 Hold Public Input Forum
3/8 Review and revise Charter Change
proposal
3/22 Review draft report to Mayor and Note: Report contents should contain summaries of each
Common Council;discuss presentation Committee recommendation and rationale(for use during
format education and outreach);White papers will be attachments
to the report
4/12 Finalize draft report to Mayor and
Common Council;presentation format
4/18 Present recommendations to Mayor and Recommend putting proposed charter to a vote of the
Common Council citizens
5/2 Present recommendations to Mayor and Recommend putting proposed charter to a vote of the
Common Council(alternative date) citizens
'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
7
SAN BERNARDINO GOVERNMENTAL STRUCTURE PRELIMINARY SKELETON
(9/15/15) (Changes since 8125115 version noted in bold italics)
I. Council - Manager Form of Govt.
II. City Council
2.1 Elected based on a present-7 6 Ward System
2.2 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.
2.3 The Common Council 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.
III. Mayor
3.1 Elected at-large
3.2 To have no administrative, appointment or removal powers except as otherwise provided in
Charter
3.3 The Mayor will have the same voting privileges as the Council.
3.4 The Mayor will build consensus with the Common Council to create and implement a shared
vision and plan of implementation to restore the City's fiscal integrity.
3.5 The Mayor will establish and maintain partnerships and regional leadership roles to advance
the City's interest.
3.6 The Mayor will be the key"face" and chief spokesperson for the City.
3.7 The mayor will be the presiding officer at meetings of the Common Council and will fully
participate in discussions.
3.8 The Mayor will not interfere with the discretion of the City Manager in the exercise of his
powers and performance of his duties.
3.10 The Mayor-w4l work with the Commen Ceeneil and City Maflagef to eear-dinate goal seqing-
iuiu the peffefmanee evaluatieft ef the City .
IV. Mayor and Council Interactions
4.1 The Mayor and Common Council will jointly develop clear expectations of the City
Manager and hold him or her accountable by conducting periodic performance
evaluations.
4.2 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 and
City Code.
4.3 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
8
nature, such as the appointment, removal, and supervision of subordinate staff.
4.4 Neither the Mayor nor the Common Council will direct departmental staff, other than those
in their own department.
V. City Manager
5.1 The City Manager will be appointed by a majority vote of the Mayor and Common Council.
5.2 The City Manager will be the sole authority for managing City operations and appointing
and directing City staff, except as otherwise provided in the Charter
5.2 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 or her duties.
5.3 The City Manager will be accountable for the implementation of Council goals and policy
and the overall performance of the City.
5.4 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 willfully brief the Common Council at their Council Meetings on business
matters before them.
9
Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford, Partner
Subject: Elected vs. Appointed City Officials—City Attorney, City Clerk, City
Treasurer
Date: September 15, 2015
The Charter Committee is considering elements that should be included in the Charter
"skeleton." One area of inquiry has been whether certain City officials should continue to be
elected at large or be appointed. Detailed analyses of provisions for City Attorney, City Clerk,
and City Treasurer and associated issues have been provided by the Charter Committee Chair.
The purpose of this memorandum is to summarize the information previously provided as well
as additional information Committee members may wish to consider in developing specific
recommendations.
City Attorney
The existing City Charter identifies the City Attorney as an elected municipal officer (Article IV,
Section 55). The City's Bankruptcy Recovery Plan notes this is unusual. In fact, there are only
11 elected city attorneys in the entire State of California. The practice of electing a city attorney
predates the evolution of this function to a professional specialty.
Roles and Responsibilities
One of the most important functions of the City Attorney is to render advice to the City Council
to ensure Council members' actions fall within the framework of the law. In this role the City
Attorney advises the Council about procedural and substantive legal issues, the possible legal
ramifications of proposed courses of action, and on matters directly affecting the conduct of
City Council business, such as public meeting and conflict of interest laws.
The City Attorney is typically responsible for drafting or reviewing a host of legal documents
necessary for the daily operation of the City, including contracts, leases, deeds,resolutions,
ordinances,bonds, and insurance documentation. The City Attorney also appears in court on
behalf of the City for both criminal and civil matters, and may have primary responsibility for
the criminal prosecution of violations of City ordinances, including prosecuting violations of
housing and building codes,business license codes, and crimes involving the public peace,
morals, and welfare. On the civil side, the City Attorney defends and sometimes initiates
litigation involving personal injury liability, the environment, civil rights or personnel issues.
1730 MADISON ROAD • CINCINNATI,OH 45206 • 513 8615400 • FAx 513 8613480 MANAGEMENTPARTNERS.COM 10
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Elected vs.Appointed City Officials Page 2
Some legal issues faced by cities are highly specialized. A common practice is to retain special
legal counsel for such work or when the legal issue will require an investment of time that
exceeds in-house capacity. Special legal counsel may be supervised by the City Attorney,report
directly to the City Council, or report to another appointed official, depending on the nature of
the work. For example, some cities retain special legal counsel to assist the human resources
director with labor negotiations.
The Bankruptcy Recovery Plan states:
Overlapping authority and ambiguities in the City's Charter create operational
uncertainty and ineffectiveness because the role, responsibility of the Common Council,
City Manager, City Attorney and Mayor are unclear and at times contradict each other.
To address these ambiguities, the Operating Practices for Good Government, executed by the
Mayor, Common Council, City Attorney and City Manager in April 2015 clarify the role of the
City Attorney:
The City Attorney will focus his attention and resources on the performance of his for
her]duty as chief legal officer to provide legal advice to the Mayor, Common Council and
City Manager, and the management of his[or her]office, and shall leave the formulation
of policy and managerial matters exclusively to those officials charged by the City
Charter with those duties.
This description is consistent with best practices for city attorney roles and responsibilities.
Elected or Appointed
A review of the charters of 17 comparable cities indicates the common practice is for city
attorneys to be appointed, as shown in Table 1.
Table 1. Elected vs. Appointed City Attorneys
Population Elected Appointed Comments
200,000 to 299,000 1 3 Chula Vista's city attorney is nominated and elected at large;
Irvine, Modesto and Stockton city attorneys are appointed by the
City Council
300,000 to 399,000 0 4 Appointed by the City Council in Anaheim, Riverside, Bakersfield
and Santa Ana City
150,000 to 199,000 0 9 Appointed by the City Council in Glendale, Hayward, Lancaster,
Oceanside, Palmdale, Pomona,Salinas,Santa Rosa,and Torrance
Total 1 16
City attorneys may be employees of the city. However, in California, the city attorney is often
either an independent practitioner or a member of a law firm providing legal services on a
contractual basis.
11
Elected vs.Appointed City Officials Page 3
In interviews with San Bernardino's current elected officials, there was universal agreement that
the City Attorney should be appointed by the Mayor and Common Council. The National Civic
League Model Charter recommends the City Attorney be appointed by the city manager or by
the city manager subject to confirmation by the city council. However, in California the City
Attorney is almost always appointed by the Mayor and Council, unless they are directly elected.
City Clerk
The San Bernardino Charter establishes the City Clerk as an elected officer. The city clerk
profession dates back to ancient history, and was among the first local government offices
established in colonial America.' Today, most city clerks have specific education and training
allowing them to become a Certified Municipal Clerk(CMC).
Roles and Responsibilities
The City Clerk role was initially limited to recording actions taken by the government,but has
evolved into a broader set of responsibilities. The City Clerk is the local official for elections,
local legislation, the Public Records Act, the Political Reform Act, and the Brown Act(open
meeting laws). The duties of the San Bernardino City Clerk as specified in Article IV, Section 60
are as follow.
• Keep the corporate seal and all books, papers, records and other documents
• Attend all meetings of the Mayor and Common Council and keep minutes of the
proceedings
• Take all affidavits and administer all oaths necessary in the transaction of city business
• Maintain official books and records, keeping them properly indexed and open to public
inspection during office hours
• Issue business registration certificates
• Countersign all warrants on the City Treasury, except warrants of the boards
• Perform all other acts required of him or her by the Charter,by ordinance, or by the
Mayor and Common Council
In addition, the City Clerk's Office accepts passport applications and serves as the filing officer
for Common Council or other hearing body actions.
It is highly unusual for city clerks to be directly involved in the issuance of business license or
business registration certificates and to countersign warrants. These functions are commonly
assigned to the head of a finance department. Otherwise, the roles and responsibilities
described in the Charter and City Code are consistent with the normal duties expected of
municipal city clerks.
Elected or Appointed
A review of the 17 comparable peer agencies indicates the more common practice is for the city
clerk to be appointed, as shown in Table 2. Of the peer agencies, only three have elected city
12
"History of the Clerk," City Clerks Association of California website(cacityclerks.org),accessed September 1,2015.
Elected vs.Appointed City Officials Page 4
clerks. Most are appointed by the City Council, although some are appointed by the city
manager.
Table 2. Elected vs. Appointed City Clerks
Population Elected Appointed Comments
200,000 to 299,000 0 4 Appointed by the City Council in Chula Vista, Irvine, Modesto and
Stockton
300,000 to 399,000 0 4 Appointed by the City Council in Anaheim, Riverside and Santa
Ana;appointed by the city manager in Bakersfield
150,000 to 199,000 3 6 Elected at large in Glendale,Oceanside and Torrance;appointed
by the City Council in Hayward, Palmdale, Pomona,and Salinas.
Appointed by the City Manager in Santa Rosa and Lancaster
Total 3 14
During interviews with the City's elected officials,unanimous consensus was that the City
Clerk be appointed by the Mayor and Common Council. The National Civic League Model
Charter recommends the City Clerk be appointed by the City Manager. The more common
practice in California,however, is for the City Clerk to be directly appointed by the City
Council.
City Treasurer
Similar to city clerks, city treasurers or tax collectors are among the oldest government
professions, dating back to ancient history.
Roles and Responsibilities
Article IV, Section 70 of the San Bernardino Charter identifies the City Treasurer as an elected
officer and includes the following duties:
• Receive and pay out all moneys belonging to the City
• Keep an account of all receipts and expenditures
• Make a monthly statement to the Mayor and Common Council of the receipts and
expenditures of the preceding month
• Perform all duties required of him or her by law and the Mayor and Common Council
These duties are further described in Chapter 2.08 of the San Bernardino Municipal Code and
include the authority to make investments of City funds.
Elected or Appointed
A review of comparable peer charters identified three elected treasurers and six appointed
treasurers, as shown in Table 3. Ten of the peer agency charters make no reference to a city
treasurer. Further research on each of these ten agencies confirmed the treasury functions are
assigned to staff in the Finance Department.
13
Elected vs.Appointed City Officials Page 5
Table 3. Elected vs. Appointed City Treasurers
Not
Specified
Population Elected Appointed Charter Comments
200,000 to 0 1 3 Irvine City Council appoints city treasurer.Treasury
299,000 functions assigned to Finance Department in Chula Vista,
Modesto and Stockton'
300,000 to 0 2 2 Appointed by the City Council in Anaheim;appointed by
399,000 city manager in Bakersfield.functions assigned to finance
director in Riverside and Santa Ana
150,000 to 3 1 5 Elected at large in Torrance,Glendale and Oceanside.
199,000 Appointed by City Council in Pomona. Treasury functions
assigned to Finance Department in Hayward, Lancaster,
Palmdale,Salinas,and Santa Rosa
[Total 3 6 1 10
Modesto and Stockton charters specify the appointment of a city auditor by the City Council. However, the auditor
does not perform any treasury responsibilities. Treasury functions are the responsibility of the finance director
according to municipal code
When interviewed, most of San Bernardino's elected officials questioned the necessity of having
a city treasurer because the duties involve a level of expertise that already exists in professional
Finance Department staff. This opinion was echoed by the incumbent City Treasurer in a
presentation before the Charter Committee on August 11, 2015. The National Civil League
Model Charter contains no specific language concerning the treasurer. This is likely due to the
modern practice of either assigning treasury functions to the Finance Department or defining
the roles and responsibilities of a city treasurer in a municipal code.
14
n;t ')"�,
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford, Partner
Subject: Establishment of Departments and Appointment of Department Heads
Date: September 15, 2015
The Charter Committee is considering elements that should be included in the Charter
"skeleton." This memorandum provides information about the appointment of department
heads and the establishment of departments. Committee members may wish to consider this
information in developing specific recommendations.
Background
Article IV, Sections 40 (f) and (g) of the San Bernardino Charter give the Common Council
authority to establish the Police and Fire Departments (Sections 40(f) and 40(g). The Charter
directly establishes the Water Department(Article IX) and the Free Public Library(Article XII).
Article XIII, Sections 246 and 247 establish a Civil Service Board and authorize it to appoint a
chief examiner/secretary of the board and "such subordinates as the City Council may,by
ordinance, prescribe." No other departments are specifically referenced in the charter
document.
Some departments not specifically referenced in the charter have been established by the
Common Council via ordinance. Information about the following departments is contained in
the San Bernardino Municipal Code (SBMC), including their establishment, management and
authority.
• Department of Human Resources (SBMC Section 2.04)
• Department of Finance (Section 2.10)
• Department of Development Services (Section 2.14)
• Department of Public Services (Section 2.15)
• Parks, Recreation and Community Services Department(Section 2.18)
• Animal Control Department(Section 2.80)
The SBMC also contains language about the establishment of the Fire Department(Section 2.12)
and Police Department(Section 2.81), some of which is redundant with charter language, e.g.,
authority for appointing the police and fire chiefs.
1730 MADISON ROAD • CINCINNATI,OH 45206 • 513 8615400 • FAx 513 8613480 MANAGEMENTPARTNERS.COM 15
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Mayor and City Council Employment Status and Compensation Page 2
Article V, Section 100 specifies the city manager is responsible for all departments except:
• Office of the Mayor
• Office of the City Attorney
• Office of the City Clerk
• Office of the Treasurer
• Water Department
• Free Public Library
• Civil Service
The Mayor is authorized by the City Charter to nominate the appointment of the city manager,
police chief, fire chief, and all other unclassified employees, subject to Common Council
approval. The Mayor also is authorized to provide "general supervision' of the police and fire
chiefs,while the city manager has responsibility to provide "immediate supervision" to these
positions as well as to administer all City departments except Water, Library and Civil Service.
Authority to Establish Departments
Not all cities include reference to specific departments or the creation of departments in their
charters. Lack of specific language about the city's organizational structure provides maximum
flexibility to elected and appointed officials to make changes in the number and configuration
of departments as community needs change.
Table 1 summarizes information about the creation of departments gathered through a review
of peer agency charters. It shows eight of the peer agencies are silent on how departments are
to be created,while nine of the cities have specific charter provisions for their establishment.
Table 1. Charter Language on Creation of Departments, Authority to Establish and Departments
Specified
Language on
Creation of Authority to
Population Departments for ..
200,000 to 299,000
Chula Vista X City Council Finance,Office of Legislative Counsel(not City Attorney)
Irvine X City Council None
Modesto X City Council* None
Stockton Silent Public Information Office, Law(City Attorney), Fire,
Police,City Clerk
300,000 to 399,000
Anaheim X City Council None
Bakersfield X City Council None
Riverside X City Council Public Utilities
Santa Ana X City Council None
150,000 to 199,000
16
Mayor and City Council Employment Status and Compensation Page 3
Creation Language on
.
Population Departments Departments
Glendale X City Council Water and Power, Public Works, Police, Fire
Hayward Silent None
Lancaster Silent None
Oceanside Silent None
Palmdale Silent None
Pomona X City Council Finance, Police
Salinas Silent Fire, Police
Santa Rosa Silent None
Torrance Silent None
Total 9
*City manager recommends creation,approval by City Council
Where the charter is silent on the establishment of departments, the authority typically rests
either with the City Council (by virtue of its budget adoption powers), or independently with
the city manager. Charters sometimes contain language giving the city manager"authority to
appoint or remove department heads." In the absence of charter language specifying otherwise,
this is usually interpreted to mean the city manager also has the authority to create, reorganize
or disband departments to address operational needs.
Table 1 also shows that of the 17 peer agencies, 11 make no reference to specific departments in
the charter document. In these cases, specific information about some,but not necessarily all
departments is found in the city's municipal code.
Authority to Appoint and Remove Department Heads
Modern era charters avoid placing limitations on the ability of the Council and/or city manager
to make personnel decisions. This maximizes flexibility to operate the city in the most efficient
and effective manner possible.
Table 2 summarizes information about the authority to appoint and remove department heads,
which was gathered through a review of peer agency charters. It shows that 15 of the 17 peer
agencies delegate independent authority to the city manager to appoint department heads,
although there are a few exceptions for specific positions. Santa Ana and Chula Vista require
department head appointments to be confirmed by the City Council.
17
Mayor and City Council Employment Status and Compensation Page 4
Table 2. Summary of Charter Language and Authority to Appoint and Remove Department Heads
City Manager Council
Independently Confirmation
Population Appoints Required Comments
200,000 to 299,000 3 1 Chula Vista requires City Council confirmation
300,000 to 399,0001 3 1 Santa Ana requires City Council confirmation
150,000 to 199,0002 9 0
Total 15 2
Rvierside chief financial officer/treasurer requires City Council confirmation;all other department head appointments are made
independently by the city manager
2Torronce finance director requires City Council confirmation;Lancaster city manager must consult with Mayor prior to making
department head appointments.
Conclusion
Management Partners is scheduling brief interviews with the City's current department
directors to obtain their input on Charter provisions as they relate to departments. Based on the
review of comparable peer agencies and best practices, the basic structure of the San Bernardino
charter should not specify departments. Provisions for existing departments that the City
desires to retain should be incorporated into the SBMC by an ordinance adopted by the
Common Council. This provides maximum flexibility for San Bernardino's organizational
structure to be modified in response to changing operational and community needs. Typically
such modifications are recommended by the city manager, sometimes in conjunction with the
annual budget.
18
PMS ANALYSIS of SKELETON DEPARTMENTS & AGENCIES GENERALLY (updated 9-2-15)
Descriptions of Skeleton Issues Related to this Topic:
A. What if any Departments or Agencies should be Required by Charter?
B. Should heads be subject only to selection, direction& removal by City Manager? Council? Mayor?
C. Other
1. Input Received from the Public -NA
2. National Civic League Model City Charter & Guide -
A. Recommends not requiring any Departments or Agencies in the Charter. [4.01]
B. Recommends all be selected, supervised, and fired just by Manager, but allows for Council
approval of Legal Officer [4.03]
3. Other Similarly sized California cities (SB is about 214,000) - Of the 17 cities reviewed below, (A)
most require some departments & officers; (B) Most supervised by Manager unless not appointed by
him/her. Many differing situations.
4 other cities of populations between 200,000 & 299,999 have charters. (A) Two of these charters require
no departments, one requires a Finance Dept. and the other requires quite a few. (B) Many appointed by
Council and many by Manager, some subject to Council approval.
a. Chula Vista - (A) Requires a Finance Dept [504]; (B) except for elected officials, all are
appointed by Manager, subject to Council approval [500] and supervised by manager]501].
b. Irvine - (A) Requires no departments [700]; (B) The Manager, Attorney, Clerk& Treasurer
are selected by Council), all others are selected supervised by Manager [700].
C. Modesto - (A) Requires no Departments; (B) The Manager [nominated by Mayor- 800],
Attorney, Clerk& Auditor are required by Charter and selected by the council[900]; all others
are selected and supervised by the Manager [900].
d. Stockton (A) A Public Information Office [1150], Law Department [1300], Fire Department
[1600], Police Department [1700], Manager [1200], Clerk [1400], and Auditor [1500]
required by Charter; (B) the above are appointed by Council, all others by the Manager.
5 cities of populations between 300,000 and have charters. (A) Some officers required by all and
some departments required by most; (B) most selected and supervised by Manager, subject to Council.
d. Anaheim - (A) City Manager [600], Attorney [703], Clerk [704], Treasurer [705] & Director
of Finance [706] required, no other departments required; (B) Manager selected by Council
[600]; Attorney, Clerk, & Treasurer selected by Manager, subject to approval of Council
604(a)]; Director of Finance selected by Manager [604(a)].
e. Riverside - (A) City Manager [600], Attorney& Clerk& a Dept of Pub. Utilities all required;
(B) Dept. Of Public Utilities [1200] is nominated and appointed by Mayor and Council,the
rest serve at the pleasure of the Council and, except for the above and electeds, Manager
supervises other than Library Director& Chief Financial Officer which require other
approvals [601].
f. Bakersfield - (A) Public Utilities by City [108] or franchised out [117], City Manager&
Attorney required [34]; (B) except for Attorney, all subject to management by Manager [36]
g. Santa Ana (A) Manager [500], Attorney & Clerk required [700], but not Departments; (B) all
subject to Manager's administration [501] except Attorney& Clerk [700].
9 of the 16 cities of populations between 150,000 & 199,999 have charters. (A) Some require
officers and certain departments; (B) Most are supervised by Manager except when not appointed by her/him.
19
h. Glendale-(A)Administrative services,clerk,treasurer, fire,Water&Power, legal, library,management services,
parks,police&public works depts required[X.1] as are assessor,tax collector,manager,directgor of admin.
Services,clerk,treasurer,attorney,director of public works,engineer,maintenance administrator,bldg.Official,
police chief&fire chief[IV.1];(B)Manager head of all depts, [X.6]&appoints&removes them subject to
approval of Council [IVA]with exceptions possible.
20
i. Hayward-(A)No depts required,but City Manager,Attorney,&Clerk and Directors of Public Works,
Engineer,Planning Director,Chiefs of Police and Fire required[800];(B)Manager,Attorney&Clerk
appointed&removed by Council[801],and rest appointed,removed&supervised by Manager[801].
j. Lancaster-(A)No Depts required-General Law[101];(B)City Manager appoints&removes,but
must 151"meet and confer"with Mayor before appts of dept heads[200].
k. Oceanside-(A)No Depts required-General law[500];(B)Manager appoints,removes&supervises
all[200].
1. Palmdale-(A)No Depts required-General law[102];(B)Manager appoints,removes&supervises
all[200].
M. Pomona-(A)Dept of Finance,Police Dept,City Clerk,Attorney&Treasurer all required[701];(B)
Manager appoints,removes&administers all [707] except Treasurer[704],Attorney [703],Clerk
[702]&Police [706].
n. Salinas-(A)Engineer,Clerk,Attorney [39],Fire Dept. [53] &Police [54]required;(B)None must be
appointed,removed,or supervised by City Manager[39].
o. Santa Rosa-(A)City Manager, Clerk,Engineers,CFO,Attorney,Chief of Police,Fire Dept[16],
Public Utilities Dept. [25];(B)All but Manager&Public Utilities appointed,removed&supervised by
Manager[18(b)].
P. Torrance- (A) City Clerk [620] [630], Treasurer, Manager [900], Board of Education
[800], Director of Finance required [1100]; (B) Manager appoints, removes &
supervises all [931] except electeds & above named offices.
4. San Bernardino's Carter Reform Principles & Objectives (5/19/14)
(A&B) 1. - Remove excess limitations - give manager& Council flexibility to make
decisions.
2. - Enable city to operate in an efficient, businesslike manner.
5. San Bernardino's Strategic Plan & Good Government Operating Practices - City
Departments not a major focus here, other than having a form of governance designed to
meet present and future issues in a flexible, businesslike manner.
6. Other Issues Relevant to the Topic - San Bernardino has had a number of specific
departments for years, and they should be looked at individually before not including them in
Charter.
7. San Bernardino's Current Charter
(A) Fire [40(f) & Art. X] and Police [40(g) &Art. X] discussed in some detail, but
required??; Water Dept established [Art. IX]; School District provided for [Art. XI]; A
Public Library provided for [Art. XII]; A Park and Recreation Commission established [XII-
A]; A Civil Service Board is established [246] as are the offices of Mayor [Art. IV], City
Attorney [55], City Clerk [60], Treasurer [70], and City Manager [V]; (B)None are solely
appointed, removed, and supervised by City Manager.
8. Charter vs Code Filter
a. It seems not essential or constitutional that any Departments be required in Charter,
except as may be subsequently determined when discussed later.
b. Mandating departments in our Charter does not seem to move our City toward what
we aspire it to be. However, this should be subsequently visited with reference to
specific departments.
21
9. General Law
a. General Law(A) required no Departments, but provides for a city clerk, treasurer,
chief of police & a fire chief[3 65 01], allows for a city manager to be required
[34851-34858]; (B) allows for manager to appoint& dismiss chief of police, but city
attorney clerk&treasurer may be appointed by Council [34856].
b. More than 2/3 of California's Cities are General Law.
10. My Thoughts:
(A) Basic structure be that no Departments be required by Charter with only specifically
set forth exceptions (to be discussed later).
(B) Basic structure be that all departments be established by Council and their heads be
appointed, removed, and supervised by Manager with only specifically set forth
exceptions (to be discussed later).
22