HomeMy WebLinkAbout10-27-2015 Charter Committee Agenda & Backup City of San Bernardino
Volunteer Citizen-Based Charter Committee
Agenda
Time: 5:00 p.m.
Date: Tuesday, October 27, 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 action minutes from October 13, 2015 meeting(to be handed out at the meeting)
2. Special Presentations
3. Procedural Matters
a. Review Timeline (attached)
b. Discuss plans for Public Forums
C. Present& Review Preliminary Governmental Skeleton (attached)
4. Reconsider Skeleton topic IX concerning services, departments, boards, and officers and related issues
(Management Partners Paper and PMS Memorandum attached)
5. Consideration of Human Resources-Civil Service language for Charter (Management Partners
Memorandum and PMS analysis attached)
6. Consideration of Water and Wastewater Utility Functions and Boards (Management Partners
Memorandum and PMS analysis attached)
ADJOURN
Unless changed at the October 27th meeting, the next meeting of the Volunteer Citizen-Based Charter
Committee will be 5:00 p.m., Tuesday, November 10, 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
Charter Committee Working Timeline—October 27, 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.
Meeting
Date Task or Activity Comments/Status
5/12/15 Developed Input Questionnaire (Survey) Complete
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
Approve 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 of
Charter skeleton 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 scope Complete
of work
Introduce new participants to Charter Welcomed Committee Member Vicki Lee
Committee
Complete discussion of skeleton City Preliminary Recommendation:City Council powers should
Council structure and powers 1 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
2
Meeting
Date Task or
Begin discussion of skeleton City Manager Preliminary Recommendation: Majority vote of all
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 for Discussion regarding City Attorney begun;
City Clerk, City Attorney, City Treasurer recommendations deferred until August 11
8/11 Review common themes from Elected Reviewed
Official Interviews
Review applicability of Operating Guidelines Discussion continued, but not completed.
for Good Governance to Charter Skeleton Preliminary recommendation that the Mayor have the
Complete discussion on Mayor, Council, same voting privileges as Common Council members.
City Manager interrelationship, roles and Preliminary recommendation that the roles of Mayor
authorities as reflected in the Operating Practices for Good
Government(OPGG) be incorporated into the Charter
skeleton
Complete Charter skeleton discussion Presentations by City Treasurer Kennedy and Mayor
regarding City Attorney,City Clerk, City Davis
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 Preliminary recommendations:
Attorney, City Clerk,City Treasurer • Duly qualified City Attorney to be appointed by
Mayor and Common Council
• Incorporate OPGG language re: City Attorney
into the Charter Skeleton
• Duly qualified City Clerk to be appointed by
Mayor and Common Council
• Charter will contain no references to City
Treasurer
3
Meeting
Date Task or •
Discuss Charter skeleton provisions Preliminary recommendation: Charter not specifically
related to City departments and their mention departments except as otherwise provided or
establishment delineated
9/15 Review and Discuss survey results Discussed
Finalize plans for progress report to Discussed
Mayor and Council on skeleton
9/21 Present Progress Report at Mayor Presented
Common Council Meeting
9/22 Discuss input from Mayor and Council Discussed, no change in skeleton based on input from Mayor
from 9/21 Progress Report and Council at this time
presentation, modify skeleton as Discussion of whether to reconsider alternatives for ensuring
desired odd number of voting members—Deferred to next meeting
agenda
Discuss specific departments Preliminary recommendations:
referenced in the charter to determine . No reference to School Districts in Charter
whether language should be included • Include reference to Library Board of Trustees,with
in charter specific powers and authority to be determined by
the City Council
Discuss other department or agency Discussion of whether services to be provided should be
language to include in charter included in the Charter— Deferred to next meeting agenda
Identify other topics to be covered by Not discussed
the Charter skeleton, i.e., elections,
fiscal matters, code of ethics, etc.
10/13 Discuss reconsideration of alternatives Discussed, but deferred to obtain input through public
to ensure odd number of voting forums
members
Discuss whether to add language on Discussed. Alternative options to be discussed at 10/27
services to be provided without meeting
specifying departments
Discuss potential Police and Fire Preliminary recommendation:
Department skeleton provisions, if any . No reference to Police or Fire Department in Charter
Discuss potential civil Not discussed
service/personnel system skeleton
provisions, if any
Review plans and content for Discussed
upcoming public forums
10/27 Discuss potential civil service/
personnel system skeleton provisions
Discuss potential Water Department
skeleton provisions, if any.
Finalize plans for public forums
Review potential language (possibly in
a Preamble) regarding fundamental
services to be provided
11/4 Public Forum,Golden Valley Middle
School,6:30 p.m.
4
Meeting
Date Task or •
11/5 Public Forum:Arroyo Valley High
School, 6:30 p.m.
11/9 Public Forum, Indian Springs High
School, 6:30 p.m.
11/10 Reconsider options for ensuring odd
number of voting members
Discuss skeleton provisions related to
elections, referendums and initiatives
Discuss skeleton provisions related to
fiscal matters, other potential topics
Review and discuss how charter issues
would be treated under general law
11/24 Begin work on specific language Thanksgiving Week—confirm meeting
12/8 Continue work on specific language
12/22 Continue work on specific language Christmas/Hanukah—confirm meeting
1/12 Complete work on specific language
Discuss public input forum and/or Tentatively schedule progress report for Feb 1
progress report to Mayor and Council
2/1 Present progress report at
Mayor/Common Council meeting
2/9 Incorporate comments from Mayor
and Common Council into charter
details
Discuss content and format for
Committee's report to Mayor and
Common Council
TBD Hold second round of public forums
2/23 Review and revise Charter proposal
3/8 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); Management Partners studies
(white papers)will be attachments to the report
3/22 Finalize draft report to Mayor and
Common Council, presentation format
4/4 Present recommendations to Mayor Recommend putting proposed charter to a vote of the
and Common Council citizens
4/18 Present recommendations to Mayor
and Common Council (alternative
date)
Additional 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
5
Management
Partners
San Bernardino Charter Committee
Public Forum
Agenda and Format -DRAFT-Revised 10/16/15
Public Forum Purpose:
• Educate the public about the reason for charter reform and how San Bernardino will
benefit from having a new charter
• Share information about the Charter Committee's preliminary recommendations
(skeleton) and how the public can be involved(next steps)
• Gather input from the public about mayoral voting rights and preferences for avoiding
tie votes
• Gather input from the public about other areas of particular interest or concern related
to the charter
Logistics:
• Location/Time: All forums will be held at schools located in different wards. Starting
time will be 6:30 p.m.
• November 4: Golden Valley Middle School, 3800 N. Waterman Avenue
• November 5: Arroyo Valley High School, 1881 W.Baseline
• November 9: Indian Springs High School, 605 N. Del Rosa Drive
• Duration: 60-90 minutes, depending on turnout
• Layout:
o Theater style seating in the center (or round tables, depending on size of room
and capacity) People with be asked to sit in the center at the start of the forum.
0 3 "stations" located around the perimeter of the room.
• Stations will have Fact Sheets for specific areas of interest and be a place
for people to gather and discuss the area and provide input
• Note: If the turnout is really low, we will facilitate the meeting like a
focus group, giving everyone a chance to provide input on several areas
• Materials needed:
• Name tags
• Fact Sheets/Infographics (describing the need for charter reform, some of the
major recommendations to date, next steps) in English and Spanish
• Index cards
• Pens/pencils
• 4 Flipchart pads on sturdy easels
• Simultaneous interpreter?
• Refreshments: water, coffee, cookies/snacks
6
Charter Committee Public Forum Draft Agenda
Public Forum Agenda/Format:
1. Welcome (5 minutes)
Purpose: Understand the Public Forum's purpose and how it will proceed
a. Call Forum to order,thank people for corning—Committee Chair or Member
b. Introduce Facilitator(Cathy)to review the agenda/format for the evening
a. Brief Presentation on Charters and Why San Bernardino Needs a New One
b. Facilitated discussion on one of the issues the Charter Committee has been
discussing(Mayoral voting rights and avoiding tie votes)
c. Charter Area Breakout Stations to consider one or more additional issues
d. Reconvene as a group for final thoughts and input for the Committee
2. The Charter:Building a Better Future for San Bernardino(15 minutes)—Committee
Chair or Member
Purpose: Develop common understanding of what charters do,why they are important,
and why San Bernardino needs a new one
a. PowerPoint presentation(roughly based on City Council Progress Report,but
shorter)
• Overview of what a charter is,how modern charters are different from older
ones (like San Bernardino)
• Responsibilities of the Charter Committee,the Committee's approach to
developing recommendations
• Overview of preliminary recommendations on the proposed governance
structure
i. Council-manager form of government,recommended roles and
responsibilities for Mayor, Common Council, City Manager
ii. Appointed vs.elected City Attorney, City Clerk, City Treasurer
iii. Leave out references that have been superseded by State/Federal Law
(i.e., reference to School District)
iv. Show before vs. after organizational structure?
b. Introduce Facilitator
3. Large Group Discussion: Should the Mayor Have a Vote, and if so, How Should Tie
Votes be Avoided? (20 minutes)—Facilitator-Cathy
a. Review the issue, distribute infographic (fact sheet/infographic)
b. Question#1: Should the Mayor of San Bernardino be able to vote?
i. Ask for show of hands
ii. Ask for a few comments from participants on why they feel that way
c. Question#2: If the Mayor should have a vote,how should tie votes be avoided?
Choices:
i. Decrease the number of wards from 7 to 6(total of 7 elected officials)
ii. Increase the number of wards from 7 to 8(total of 9 elected officials)
7
Charter Committee Public Forum Draft Agenda
iii. Eliminate the at-large Mayor and have the Mayor be selected among the 7
Council members
iv. Other options? (at-large Council member?)
4. Charter Area Breakout Stations (30 minutes)—Cathy will provide instructions
Purpose: Provide an opportunity for participants to visit specific charter areas to ask
questions and learn more about the issues and rationale for the Charter skeleton
recommendations.
a. Invite participants to visit Charter area stations to learn more about the skeleton
elements and provide input
b. Each station will be staffed by a Committee member or knowledgeable staff person.
Fact sheets (English and Spanish) related to the topic will be available at each station
to summarize the research,best practices, and rationale for the Committee's
preliminary recommendation related to that area.
Charter Area Stations:
a. Roles and responsibilities for Mayor, Common Council, City Manager, City
Attorney
b. Elected vs. appointed City Attorney, City Clerk,City Treasurer
Index cards and/or flip charts will be provided at each station to capture the following:
• What do they like about the preliminary recommendation?
• What are their concerns?
5. Reconvene as Large Group, Debrief(10 minutes) (Facilitator—Cathy)
Purpose: Give participants a chance to share their observations,based on the stations
they visited.
• What additional questions do they have?
• Based on what you have learned this evening, do you agree that San Bernardino
needs a new "constitution?"
• What advice or guidance would they give to the Charter Committee as it
continues its work?
6. Next Steps,Wrap Up (5 minutes)—Committee Chair or Member
Purpose: Give participants a common understanding of how their input will be used,
and next steps in the charter reform process.
• Review next steps, timeline for the Committee's work(have copies of Timeline
available?)
• Review how the public can be involved in reforming San Bernardino's charter
• Thank them again for their attendance and input!
8
10/22/2015
City of San Bernardino
Public Forum on the City's Charter
November 4, 2015—Golden Valley Middle School
November 5, 2015—Arroyo Valley High School
November 9, 2015—Indian Springs High School
5111 fierwui ino
Public Charter Agenda
Overview of what a charter is
Why the charter is important
Why San Bernardino needs a new one
Provide input on several specific charter issues
Review next steps and future opportunities for
public input
9
10/22/2015
What Is • Charter?
i
• Legal document
approved by voters
Defines the City's
organization and
powers, essential
procedures (such as
elections)
• Comparable to a State
or U.S. Constitution
Why Does the City Need a New
• The existing charter was identified as a
primary contributor to the City's bankruptcy
Existing charter language is confusing,
sometimes contradictory
* Many charter elements are highly unusual or
not consistent with best practices for
operation of a modern city government
Bankruptcy recovery plan requires charter
reform or replacement
IN
10
10/22/2015
Good Charters Promote Good Governance
COIGAM
ORWEEED
PARTICIPATORY "M AM
FOLLOWS
THE RULE TRANSPARINT
OF LAW
I
EFFECTIVE RESPONSIVE
AND
EFFICIENT EQUITABLE
AND
INCLUSIVE
Charter Current • ` • ' Basic
Management and Functioning of
No city in California operates like San Bernardino
Neither a council/manager nor a strong mayor form
of government
Many ambiguities regarding the authority of City
Manager, Mayor and Common Council
Elected City Attorney is highly unusual in California
cities, and in San Bernardino is vested with right to
provide policy recommendations
Charter basically says everyone is in charge so NO
ONE IS IN CHARGE
11
10/22/2015
Confusing Charter Creates Reporting Relationships
Why it's so
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Create a completely new charter that is
shorter, simpler, reflects modern-day practices
Ensure the charter supports a stronger, more
effective governance structure, led by strong
city manager
Ensure the charter provides maximum
flexibility to make organizational and
operational changes in response to
community needs
12
10/22/2015
Volunteer r r
• Consists of 9 members appointed by Mayor and
Common Council
• Responsible for providing advice and
recommendations for a new charter to the Mayor and
Common Council
• Job is to represent the interests of the City as a whole,
not the interests of a particular ward
• Members function independently from whoever
appointed them
• Work supported by City Attorney, City Clerk, city staff
and professional consultant
Charter Committee., continued
Meets twice per month
• 2"d and 4th Tuesday from 5:00 — 7:30 p.m.
• EDA Board Room, 201 N. E Street
Meetings are open to the public
More information on Charter Committee
webpage: www.SBCity.org/CharterReview
13
10/22/2015
Charter . . Approach
L Work from a "best practices" form of government,
not the City's present charter
2. Develop the charter "skeleton" —the key elements or
topics that should be addressed by the charter
3. Develop recommendations for specific charter
language
4. Present recommendations to Mayor and Common
Council by April-May 2016
5. Potential ballot measure for November 2016 election
Resources • " Our Work
• National Civic League Model Charter
Charters of other cities with populations between
150,000 and 400,000
San Bernardino's Charter Reform Principles and
Objectives
• City's Strategic Plan and Operating Practices for
Good Government
Research on best practices for modern-era
charters
14
10/22/2015
Resources Guiding Our Work, • - •
• Input from the City's elected officials,
department heads, and other interested
parties
Public input — like yours!
Preliminary Committee Recommendations
• Council-manager form of government
Common Council powers limited to legislative and
policy making, not administrative or managerial
Mayor no longer has independent administrative,
appointment or removal powers
City Manager functions as chief executive officer,
responsible for daily operations
City Manager appointed by majority vote of
Mayor and Common Council (combined)
A
15
10/22/2015
Committee Preliminary Recommendations
City Manager responsible for appointment or
removal of all department heads
City Attorney to be appointed by the Mayor
and Common Council, not elected
City Clerk to be appointed by the Mayor and
Common Council, not elected
Charter will not reference City Treasurer;
treasury functions to be delegated to Finance
Department
Preliminary Committee Recommendations
Mayor remains elected at large, but with same
voting privileges as Common Council
members
No longer limited to breaking ties
Eliminates need for mayoral veto power
Eliminates need for Common Council override
power
Means Mayor and Common Council function
as one governing body, with one voice
16
10/22/2015
What Do You
Should the Mayor of San Bernardino be able
to vote on matters of City business like the
Common Council members?
• Yes?
• No?
Why do you feel that way?
What i • You
Ai-
If the Mayor is given the right to vote, how
should we avoid the possibility of tie votes?
Tie votes stop the City's business (nothing
happens)
7 Council members + Mayor = S elected officials
Best practice is for there to be an odd number of
elected officials to avoid tie votes
17
10/22/2015
• Decrease the number of wards from 7 to 6 (total
of 7 elected officials, including Mayor)
* Increase the number of wards from 7 to 8 (total
of 9 elected officials, including Mayor)
Instead of electing the Mayor directly, have the
Mayor be selected from among the 7 Council
members
Maintain the current practice (Mayor can't vote
except to break a tie)
Other ideas?
Break Visit Charter Areas
Learn more and share what you think about
other preliminary recommendations
Proposed governance structure, division of roles
and responsibilities between the Mayor, Common
Council and City Manager
Elected vs. appointed City Attorney, City Clerk, City
Treasurer
What do you like about the recommendation?
What are your concerns?
18
10/22/2015
Next Steps
Incorporate public input into charter
"skeleton"
Begin to develop specific charter language
Prepare report with recommendations to
Mayor and Common Council
Timeline
Jan — Feb: Provide progress report to Mayor
and Common Council; complete details for
charter document
March — April: Provide written report and
recommendations, including specific charter
language to Mayor and Common Council
�a
19
10/22/2015
Timeline,
continued
June -- July: Mayor and Common Council
decide on ballot measure to put before voters
County Registrar of Voters must receive ballot
measure resolution 88 days before election day
Deadline: August 1, 2016 Common Council
meeting
November 8, 2016: Voters consider ballot
measure to reform Charter
Informed Stay • , Involved
Visit Charter website:
sbcity.org/CharterReview
Attend Charter Committee City Charter
meetings (2nd/4th Tuesdays) REVIEW
Ask your friends and
neighbors to get involved
• Review proposed charter once
completed
Vote on November 8, 2016!
FRI,
20
10/22/20
Thank You • Your i
Sll Berlar 110
21
SAN BERNARDINO GOVERNMENTAL STRUCTURE PRELIMINARY SKELETON(10/27/15)
I. Council -Manager Form of Govt.
II. City Council
2.1 Based on a 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 from Citizens at-large
3.2 To have no administrative, appointment or removal powers except as otherwise
provided in Charter
3.3 The Mayor should have a full vote with 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.
N. 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 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.
22
V. City Manager
r
5.1 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
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 will fully brief the Common Council at their Council
Meetings on business matters before them.
VI. City Treasurer
6.1 The Charter should contain no language about a City Treasurer.
VII. City Clerk
7.1 A duly qualified person should be appointed as City Clerk by the Mayor and
Council.
VIII. City Attorney
8.1 A duly qualified person should be appointed as City Attorney by the Mayor and
Council.
8.2 The City Attorney will focus his/her attention and resources on the performance of
his/her duty as chief legal officer to rovide legal advice to the Mayor, Council and
City Manager, and the management of his/her office, and shall leave the
formulation of policy and managerial matters exclusively to those officials
charged by the Charter with those duties.
IX. Departments & Commissions
9.1 Specific City departments and agencies shall not be designated in the Charter,
except as otherwise provided in the Charter.
9.2 Library- Charter should require a Library Board of Trustees with it's specific
powers and authority to be determined by the Council.
9.3 No specific provisions in Charter about -
a. Schools or Education;
b. Parks &Recreation;9
C. Fire Dept or services;
d. Police Dept or services;
9But it should say that the City's Municipal Code will provide for parks&recreation.
23
i
PMS Memorandum #2a Re Services, Departments & Boards
October 27, 2015
Cathy's Memo and suggested language is excellent. For purposes of skeleton discussions, I'm
concerned about concepts,not specific language nor where the concepts appear in any Charter
recommendation this Committee eventually proposes.
There appear to me to be four concepts we are discussing:
1. Whether Departments or Boards are to be specifically mentioned in our proposed new charter.
This is the basic topic being dealt with in our present Skeleton Article IX. It's heading should
be revised to read: Departments,Boards,Etc, and part 9.1 should read as follows:
"9.1 Specific City departments, agencies, boards, commissions, committees and officers shall
not be designated in the Charter, except as otherwise provided in the Charter."
2. Assurance in the proposed new Charter that fundamental services will be provided
notwithstanding removal from the Charter of Specific reference to certain Departments and/or
Boards. Any of Cathy's alternatives concerning this are fine for the skeleton insofar as I am
concerned. I believe we can deal later with whether this language appears in the Charter's
preamble or some different part of the skeleton.
3. Council's authority to establish additional Departments &/or Boards, etc., (like that appearing
as the first two sentences of Cathy's suggested section 2.5) should be a part of any proposed
new Charter, whether under part II or IX.
4. Transitional language(like that appearing as the last sentence of Cathy's suggested section
2.5) should be a part of any proposed new charter,whether in a separate provision concerning
transition or it the portion of the skeleton dealing with departments & services.
24
PMS ANALYSIS of SKELETON CIVIL SERVICES BOARD &/or HR DEPARTMENT -3.d revision
Descriptions of Skeleton Issues Related to this Topic:
A. Should there be anything in the Charter concerning a Civil Services or HR Department?
B. Should it have a Board responsible for its operations separate from the Council &/or Manager?
C. If so, should it's Board be -
a. appointed by the Mayor and Council?
b. appointed by the Manager?
C. appointed by the Manager subject to Council approval?
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 [4.03]
3. Other Similarly sized California cities (SB is about 214,000) -As to the charters of the 17 similarly
sized California cities 11 have some language concerning personnel/human relations/civil service: Chula
Vista contains civil service provisions [700-707], establishes a Civil Service Commission [609-610],
appointed by Council [609];Modesto establishes an advisory Human Relations Commission [1111]
appointed by Council [1102]; Stockton contains civil service provisions [2500-2520],with a civil service
Commission appointed by Council [2502]; Anaheim establishes a Personnel System without details [1000];
Riverside requires Council to establish a merit system for appointive officers and employees [900] and an
advisory human resources Board [807] appointed by the Mayor and Council [8021); Bakersfield establishes
civil service for its fire dept [183-191],police department [221-228] and miscellaneous departments
[208-217(a)] with their Boards appointed by Council [209] and one for police officers appointed by Council
[221]; Santa Ana establishes a civil service system [1000-1015] and has a personnel Board appointed by
Council [911-912]; Glendale-creates a civil service commission appointed by the Council [XXN] (It appears
that their operations are not subject to supervision of the Manager.); Hayward establishes a Personnel Board
with powers to hear classified service appeals, otherwise advisory to Council [907], established by Council
[902]; Santa Rosa requires Council to adopt rules ®ulations for personnel relations, etc. [50]; and
Torrance establishes a civil service system which references a civil service commission [1300-1320].
6. Other Issues Relevant to the Topic- Collective bargaining may have eliminated the need for Civil
Service Commissions. San Bernardino has a Human Resources Department(not required by it's Charter)
which could be able to take care of any continuing needed civil service functions.
7. San Bernardino's Current Charter
(A&C)A Civil Services Commission is provided for appointed by the Mayor with the approval of the
Council [246]. The Manager is not responsible for the Civil Service System [100].
8. Charter vs Code Filter
a. It seems not essential or constitutional that Civil Service provisions be in Charter.
9. General Law
a. I believe General Law(A)requires no Civil Service provisions, and does not provide for a
Civil Service Commission,but would allow Council to establish is if needed.
b. More than 2/3 of California's Cities are General Law.
25
10. My Revised Thoughts:
a. Reference a Civil Service Commission appointed by Council,
b. Undecided as to whether it's powers should be left to Councils or be limited to disciplinary
&firing appeals, and
C. Undecided as to whether it should be Quasi Judicial or just advisory.
26
Ma nagement
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford,Partner
Subject: Language Alternatives for Services,Departments and Boards
Date: October 27,2015
The Charter Committee is considering elements that should be included in the Charter
"skeleton." At its meeting of October 13, 2015 the Committee discussed whether to include
general language about services to be provided by San Bernardino,either in the Charter
skeleton or in a preamble to the Charter itself.
The Charter Committee has adopted a preliminary recommendation that specific City
departments not be referenced in the charter unless there is a compelling reason to do so. This
is to provide maximum flexibility to San Bernardino's elected and appointed leaders to make
changes in the City's organizational structure and services as community needs change over
time. The National Civic League model charter also recommends against specifying
departments,boards or specific officers in a charter document. However,the Charter
Committee wants to assure the public that the lack of specific reference to departments,
services,boards or commissions in the Charter does not mean they will no longer exist or be
provided.
Various suggestions were made during the October 13 meeting. Management Partners was
asked to organize these suggestions into alternatives for the Committee to consider.
Language Alternatives for Services, Departments and Boards
The type of general language desired by the Committee could be contained in the Charter
skeleton,or it could be established as part of the preamble to the charter document itself. The
current preamble to the City's Charter currently reads as follows:
We, the citizens of the City of San Bernardino, hereby establish this Charter to promote
economic, environmental and cultural prosperity throughout our community; to enable
our City government to meet the needs of the people effectively and efficiently; to provide
for accountability and ethics in public service;and to ensure equality of opportunity for
every resident.
27
One set of alternatives is to expand the language in the preamble to include general reference to
services. A second set of alternatives involve modifying the Charter skeleton to clarify the
powers of the Common Council,Mayor and/or City Manager to establish departments,boards
and/or commissions.
Alternative 1: Expand Charter Preamble Language
• This first alternative has two options, either include a sample list of services, or include a
general reference to fundamental or core services to be provided. Suggested language for each
option is provided below (added language is presented in bold).
Option A: Modify the Preamble to Include a Sample List of Services
We, the citizens of the City of San Bernardino, hereby establish this Charter to promote
economic, environmental and cultural prosperity throughout our community, to enable
our City government to meet the needs of the people effectively and efficiently; to provide
for accountability and ethics in public service, and to ensure equality of opportunity for
every resident. The City shall ensure fundamental municipal services such as
police, fire,infrastructure,utilities,parks,recreation and libraries are
provided.
Option B: Modify the Preamble to Include Generic Reference to Services
We, the citizens of the City of San Bernardino, hereby establish this Charter to promote
economic, environmental and cultural prosperity throughout our community, to enable
our City government to meet the needs of the people effectively and efficiently; to provide
for accountability and ethics in public service;and to ensure equality of opportunity for
every resident. The City shall ensure fundamental services to protect the public
health,safety and welfare are provided.
Language could also be added to either Option A or B regarding existing City services, such as
the following.
Any services in existence at the time of the adoption of this Charter shall continue
unless and until changed by the Common Council.
Alternative 2: Modify the Charter Skeleton to Reflect Language Related to
Departments, Boards and/or Commissions
There are two options for Alternative 2. One is to add language regarding services,
departments and/or boards and commissions to the powers of the Common Council. Another
is to establish a distinct section of the skeleton to define how departments,boards or
commissions will be addressed. Suggested language for each option is provided below (added
language is presented in bold).
28
Option C: Add Language to the Existing Skeleton Section for the Common Council
Add new skeleton section 2.4 as follows:
2.4 The Common Council shall ensure fundamental municipal services
such as police, fire,infrastructure,utilities,parks,recreation and
libraries are provided.
Or, similar language about generic services could be added to the skeleton, such as the
following:
2.4 The Common Council shall ensure the provision of fundamental
municipal services to protect the public health, safety and welfare.
Additional language could also be added to the Common Council skeleton section regarding
the establishment of departments,boards and commissions, such as the following.
2.5 The Common Council may establish departments and assign
departmental functions in order to meet the needs of the community in
the most effective and efficient manner. The Common Council may
also establish advisory or independent boards or commissions to
provide guidance regarding the provision of City services.Any
services,boards or commissions in existence at the time of the adoption
of this Charter shall continue unless and until changed by the Council.
Option D: Establish a Separate Charter Skeleton Regarding Departments, Boards or
Commissions
Option D is to take any combination of the language suggested above and incorporate it into a
skeleton section focused on departments,boards and commissions. In fact, this is the direction
the Committee had been heading prior to the discussion of October 13. However it may be
simpler to contain these provisions either in a broader preamble to the Charter or in the
skeleton sections on the powers and authorities of the Common Council.
29
Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford, Partner
Subject: Civil Service Boards and Systems
Date: October 13,2015
The Charter Committee is considering elements that should be included in the Charter
"skeleton." On September 15 the Committee approved a preliminary recommendation that,
"no departments be specifically mentioned in the Charter except as otherwise provided or
delineated." In other words, the preference is to avoid mentioning specific departments (or in
some cases commissions) in the Charter unless there is a compelling reason to do so. The
Committee will begin reviewing each of the departments currently referenced in the Charter to
determine whether such compelling reasons exist.
In anticipation of the Committee's discussions,Management Partners has conducted interviews
with the potentially affected department directors and the city manager. An interview with the
Civil Service chief examiner was conducted on Tuesday, September 15. On September 22 the
Civil Service Board received an update on the Charter Committee's progress and discussed
recommendations it would like to provide to the Committee. Management Partners also met
with the Board chair following the meeting. The purpose of this memorandum is to summarize
the input received as well as additional information on civil service systems and boards
Committee members may wish to consider in developing specific recommendations.
Interview Results
The following are common themes from input provided by the Civil Service Board,the Board
chair and the chief examiner.
• There are strong feelings that references to the Civil Service Board should be included in
the Charter to preserve independent authority, particularly for personnel matters
involving discipline or reductions in force.
• The Board is concerned that ordinances may be changed by a majority vote of the
Common Council. The Charter provides better protection against tampering with the
principles and regulations of the Civil Service system by either the Common Council or
the city manager.
30
Civil Service Boards and Systems
• The Board considers its role to be serving and representing, "the heart of the
community"by protecting against cronyism in hiring and promotion practices. The
Board strives to ensure a, "fair and level playing field" for both the City's employees
and management/administration.
• It is important for the Board to appoint the chief examiner directly and for the chief
examiner to continue to report to the Board. This ensures both the examiner and Board
are able to carry out their duties independently and without undue influence. The
Board expressed particular concerns about the potential for city manager influence.
• Over the last six years,the degree of collaboration between the Civil Service staff and the
Human Resources(HR)Department has increased. Roles and responsibilities have been
clarified to reduce redundancies, although it is acknowledged that further streamlining
of the recruitment,testing, and selection process is possible.
• The Board's most important role is to hear and decide appeals regarding employee
discipline, (e.g., demotions, suspensions,withholding of pay, and termination). Without
the Board there would be no fair,neutral party within the City government to ensure a
fair and impartial hearing of such appeals.
• There is some willingness to transfer recruitment,testing and selection functions related
to the Human Resources Department for the sake of improved efficiency and customer
service. The Board and chief examiner recognize that many of their functions are often
performed by an HR department. However, the authority to serve as a quasi-judicial
body over disciplinary-related appeals should remain a function of the Civil Service
Board.
• There is support for the wholesale replacement of the Charter as long as it contains the
establishment of a Civil Service or Personnel Board to hear disciplinary matters and
provide guidance on reductions in force (i.e., seniority and bumping rights).
• The new Charter should be broader and less specific using the simplest language
possible.
Comparison with Peer Agencies
"Civil service" and"civil service system" are somewhat antiquated terms that pre-date the
advent of collective bargaining practices. They reflect the desire to ensure government
employees are appointed and promoted based on qualifications and professional merit as
proven by a competitive testing process. The goal is to avoid or prevent unfair hiring practices
such as cronyism or nepotism. Today,many cities use the term"personnel system" instead of
"civil service system."
Management Partners reviewed 17 peer agency charters to identify references to either civil
service or personnel systems. We also looked for instances of an established civil service or
personnel board and identified whether the establishment was handled in the city's charter or
municipal code. Finally,we examined the duties and powers of civil service or personnel
boards of the nine agencies where they exist. The following tables summarize the results of this
research. A table providing the details for each peer agency is provided as an attachment.
31
Civil Service Boards and Systems
Table 1 shows that 11 of the 17 agencies make some reference to a civil service or personnel
system in the charter. However, in two cases (Anaheim and Riverside) the provision merely
states that such a system will be established by the City Council by ordinance. It shows nine
agencies have a civil service or personnel board. Of these, eight are established by charter and
one is established in the municipal code.
Table 1. Summary of Civil Service or Personnel System Charter References
Civil
Service or
Personnel Civil
System Service or
Referenced Personnel
Population in Charter Board Comments
B 200,000 to 299,000 3 3 Irvine's personnel system is defined and described in the City's
(Chula Vista,Irvine, municipal code. There is no civil service or personnel board;the
Modesto,Stockton) Irvine assistant city manager is designated as the"personnel
officer."Chula Vista,Stockton and Modesto reference a civil
service system and a civil service board in their charters.
300,000 to 399,000 Anaheim and Riverside charter references authorize the City
(Anaheim, Council to establish a personnel system by ordinance. However,
Bakersfield,Riverside, neither has a civil service/personnel board. Santa Ana and
Santa Ana) Bakersfield reference both a civil service system and a civil
4 2* service board in their charters.
150,000 to 199,000 Glendale, Hayward,Torrance and Santa Rosa reference a civil
service system in the charter. Glendale, Hayward,and Torrance
charters also establish a civil service/personnel board.Santa
Rosa's personnel board is established by the municipal code.
There is no reference to either a civil service/personnel system
or board in the charters for Lancaster, Oceanside, Palmdale,
4 4 Pomona,or Salinas.
TOTAL 11 9
Source: Peer agency charters,websites and municipal codes
.The Bakersfield charter establishes three civil service boards:one for fire,one for police and one for miscellaneous employees.
They have been counted as one board in Table 1 for consistency.
Table 2 summarizes the appointment of civil service or personnel boards and any staff members
designated to support the board's activities.
Table 2. Appointment of Civil Service or Personnel Boards and Staff
Appointment
by City Appointed
Population Council by Board Comments
200,000 to 299,000 3 1 Stockton's Board has independent authority to appoint the
Chief Examiner.
300,000 to 399,000 2 0 Neither the Bakersfield nor Santa Ana boards have
independent authority to appoint staff.
32
Civil Service Boards and Systems
Appointment
by City Appointed
Board Comments
150,000 to 199,000 4 1 Torrance's Board has authority to appoint its executive officer.
The Santa Rosa Personnel Board consists of five members
appointed by the City Council. Of these,three are city
residents and two are labor representatives selected from
names submitted by the city's employee associations.
TOTAL 9 2
Source: Peer agency charters,websites and municipal codes
Table 2 shows that all nine civil service/personnel boards,whether established by charter or
municipal code,are appointed by the City Council as a whole. Only two of these boards have
the authority to appoint their own staff.
Table 3 summarizes the powers of established civil service/personnel boards. A common
function of these boards is to serve as a hearing body for appeals of disciplinary actions.
"Advisory powers"means the board makes recommendations to either the city council or the
city manager,but cannot make the final decision. "Quasi-judicial" means the board has the
independent authority to reach decisions on disciplinary matters such as demotions,
suspensions and terminations. Table 3 shows a fairly even split between the number of
advisory and quasi-judicial civil service/personnel boards. Three of the boards with advisory
powers make recommendations to the city manager,not the City Council.
Table 3. Powers of Peer Agency Civil Service or Personnel Boards
Ad. Quasi-
Advisory judicial
Population Powers Powers Comments
200,000 to 299,000 2 1 Chula Vista's Board makes recommendations to the city
council.The Modesto Board makes recommendations to the
city manager.*Stockton's board has independent powers
comparable to the San Bernardino Civil Service Board.
300,000 to 399,000 2 Bakersfield and Santa Ana boards have independent decision
authority.
150,000 to 199,000 3 1 Only Glendale's board has independent authority. Hayward's
and Santa Rosa's boards are advisory to the city manager.
Torrance's board is advisory to the city council.
TOTAL 5 4
Source:Peer agency websites,charters and municipal codes
*The Modesto Board of Personnel Appeals is primarily responsible for selecting a hearing officer,not conducting hearings itself.
Hearing officer findings and recommendations are made to the city manager.
33
Civil Service Boards and Systems
Conclusion
The following conclusions can be made from the interviews and peer agency research.
• San Bernardino's Civil Service Board has a broader role in the recruitment,testing and
selection process than those of comparable peer agencies. It is more common for civil
service/personnel boards to function as advisory hearing bodies for employee
disciplinary appeals.
• Most peer agencies make reference to a civil service or personnel system in their charter
documents. In some cases the reference merely authorizes the city council to establish
such a system. Older charters such as San Bernardino's tend to provide more specific
details regarding the civil service requirements and processes than those for younger
cities.
• Members of most civil service or personnel boards are appointed by the city council as a
whole. This is in contrast to San Bernardino's Civil Service Board,which is appointed
by the Mayor and confirmed by the Common Council. Most boards are comprised of
residents who are selected at large. Only Santa Rosa's Personnel Board has a mix of
residents and labor representatives.
• It is common for civil service or personnel boards to have the power to conduct
investigations,issue subpoenas, and function as an appeals hearing body. However,the
disciplinary recommendations of five of nine peer agency boards are advisory,to either
the city manager or city council.
• Most civil service or personnel boards receive staff support from the Human Resources
or a Personnel Department. Few have the independent authority to hire or remove their
own staff.
34
Civil Service Boards and Systems
Attachment— Civil Service Provisions by Peer Agency
Table 4 contains more specific information about civil service boards and systems for each of the
17 peer agencies.
Table 4. Summary of Peer Agency Civil Service Provisions—Charter and Municipal Code
Civil Service
or Personnel
System Civil Service
Described in or Personnel
Peer Agency Charter Board Comments
Population:200,000 to 299,000
Chula Vista Yes Yes Appointed by City Council with the power to conduct
investigations, hear appeals,and recommend adoption,
modification or repeal of civil service rules and regulations.
(Article VI,Sections 609-610)Additional details regarding
Civil Service commission provided in CVMC Chapter 2.43.
Irvine No No Personnel system defined and described in city's municipal
code. Assistant city manager is designated as the
Personnel Officer,with many of the same duties as a Civil
Service Board,
Modesto Yes Yes Article XII of the Modesto Charter, "Personnel System"
contains elements comparable to a civil service system
such as appointments and promotions made based on
merit and fitness,the establishment of eligibility lists,and
the establishment of unclassified and classified service.
Board of Personnel Appeals is authorized to select a
hearing officer for appeals. Findings of hearing officer are
made to city manager,who makes the final determination
(Article XII,Section 1205). Charter also includes provisions
for impartial arbitration for police and fire employee
disputes(Section 1206)
Stockton Yes Yes Comprehensive details of Civil Service system and Civil
Service Commission found in Article XXV. Similar to San
Bernardino,including chief examiner position,appointed
by the Commission.Same testing,selection, hearing,and
investigation powers as San Bernardino Civil Service
Commission.
Population:300,000 to 399,000
Anaheim Yes No Article X of the charter authorizes the City Council to
establish a personnel system by ordinance to include
elements comparable to a civil service system, but there
are no details about the system. Section 1050 is a policy
statement for impartial arbitration for personnel disputes
involving firefighters
3 5 �
Civil Service Boards and Systems
Civil Service
or Personnel
System Civil Service
Described in or Personnel
Peer Agency Charter Board Comments
Bakersfield Yes Yes-3 Charter Addendums 1,2 and 3 set forth civil service
different Civil provisions for fire, miscellaneous and police employees,
Service respectively. There are three Civil Service Boards(one for
Commissions each unit),appointed by City Council. All three have
ultimate authority to establish regulations governing the
selection, promotion and discipline of the member of each
defined employee unit(i.e., not the City Council). Also
serves as disciplinary appeal body.
Riverside Yes No Article IX of the charter states the City Council shall
establish a personnel merit system by ordinance.
Santa Ana Yes Yes Article IX,Section 900 establishes a Personnel Board with
appointment by the City Council.The Board has authority
to hear disciplinary appeals,conduct studies and
investigations, and conduct hearings on proposed
amendments or repeal of civil service rules(Section 912).
Article X defines the civil service system,as well as
positions excepted from it.
Population:150,000 to 199,000
Glendale Yes Yes Article XXIV establishes Civil Service system,including
Commission appointed by the City Council. Duties include
establishing civil service rules and policies and serving as a
quasi-judicial hearing body for employee appeals.
Hayward Yes Yes Article IX establishes a Personnel Board with advisory
authority on personnel administration, including serving as
hearing body for employee appeals and grievances(makes
recommendation to city manager on such appeals).Also
has authority to recommend approval of job descriptions.
Lancaster No No Municipal Code Chapter 2.56 defines personnel system
(with same basic characteristics as civil service system)and
identifies the city manager as the personnel officer.
Personnel rules and regulations are adopted, modified or
repealed by City Council.
Oceanside No No Personnel System(with same basic characteristics as civil
service system)created by ordinance(Oceanside Municipal
Code Chapter 23)
Palmdale No No Nothing about personnel or civil service system in the
municipal code. City manager has authority to appoint,
promote,discipline,demote or remove employees.
Pomona No No Personnel system(with same basic characteristics as civil
service system)created by ordinance(Pomona Municipal
Code Division 3). Human Resources/Risk Management
director is responsible for the personnel system, its rules
and enforcement
36
Civil Service Boards and Systems
Civil Service
or Personnel
System Civil Service
Described
Peer Agency Charter Board Comments
Salinas No No Personnel system(with same characteristics as civil service
system)described in Chapter 25 of the Pomona municipal
code.
Santa Rosa Yes Yes Personnel system to be established by City Council
ordinance(Charter Section 50);charter also includes
provisions for impartial and binding arbitration for police
and fire employee disputes. Municipal Code Chapter 2-28
establishes Personnel Board to act as an advisory body to
the city manager and serve as hearing body for employee
disputes related to employment.
Torrance Yes Yes Civil Service system established by Charter Article 13. Civil
Service Commission established by Torrance Municipal
Code Chapter 4,Article 10,with authority to conduct
hearings and make recommendations to the City Council.
Commission also has the authority to appoint an executive
officer.
Total 11 9
Source: Peer agency websites,charters and municipal codes
37 ".0o>
PMS ANALYSIS of SKELETON WATER DEPARTMENT
Descriptions of Skeleton Issues Related to this Topic:
A. Should there be anything in the Charter concerning a Water Department?
B. Should it have a Board responsible for its operations separate from the Council &/or Manager?
C. If so, should it's Board be -
a. appointed by the Mayor and Council?
b. appointed by the Manager?
C. appointed by the Manager subject to Council approval?
d. publically elected?
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 [4.03]
3. Other Similarly sized California cities (SB is about 214,000)- Of the 17 similarly sized California
cities 5 have provisions in their charters concerning water services and/or public utilities which include water
and/or sewer services, only Santa Rosa's being anything similar to San Bernardino's. They are as follows:
a. Anaheim's charter establishes an advisory Public Utilities Board to make recommendations
concerning water[9091; appointed by the Council[902].
b. Riverside's charter requires a Public Utilities department under the management and control
of the Manager, subject to the powers of its Board, and that it be responsible for water
supplied. [1200] Board is appointed by Mayor and Council [802].
C. Bakersfield's charter creates a Water Board appointed by the vice-Mayor subject to
confirmation by the Council [2.18.010],which Board is essentially advisory [2.18.012] and
also provides that such public utilities as are in the best interest of the people shall be owned
& operated by the City [108] and that the provision of water may be franchised out [116].
d. Glendale's charter creates Glendale Water and Power [X.1] which is in charge of construction,
maintenance and operation of all public utilities [X.5]; apparently a Water Board or
Commission can be created by Council [XIV.I].
e. Santa Rosa's charter establishes a Board of Public Utilities appointed by Council [25(a)]
which shall have authority and direction over the City's water and sewer utilities [25(b)].
Council sets water and sewer rates [26(a)]. The Mayor appoints the chairperson of this Board
[15(d)].
6. Other Issues Relevant to the Topic-Water service revenues are restricted by State law to be used
for water services, so the Water Department has an independent source of revenue from the City's general
fund. San Bernardino's Water Department has been one of the most financially sound department of the
City under it's present structure. However, there are issues with coordinating its operations with those of the
City generally and its sewer operations.
7. San Bernardino's Current Charter
(B)Article IX is titled"Water Department". A Board of Water Commissioners is required [160].
This Board establishes all water rates [163.1].
(C)Appointed by Mayor, subject to council approval, and supervised by Mayor [52]; Manager is not
38
responsible for this Department [100].
8. Charter vs Code Filter
a. It seems not essential or constitutional that the Water Department be required in Charter.
9. General Law
a. General Law(A)required no Departments, and does not provides for a Water Department,but
allows Council to establish such departments as may be appropriate.
b. More than 2/3 of California's Cities are General Law.
10. My Preliminary Thoughts:
(A) Probably the Charter should address some issues concerning Water.
(B) I like the independence of a Board running the Water Dept, so as to be less affected by
political issues. However, it is most difficult with such structure to coordinate water and
sewer services and to determine appropriate charges by the City for administrative services for
the Water Dept. I need more information from both the Water Dept. and the City
administration on this issue.
(C) If there a Water Dept is dealt with in the Charter,probably its Board should be appointed by the
Mayor and Council, but I feel that it's administration should be under the responsibilities of the Manager.
Having it under the Manager's responsibilities should better facilitate coordination of water and sewer
services as well as dealing with appropriate allocation of City administrative expenses to it.
39
Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford,Partner
Subject: Water and Wastewater Utility Functions and Boards
Date: October 27,2015
The Charter Committee is considering elements that should be included in the Charter
"skeleton." On September 15 the Committee approved a preliminary recommendation that,
"no departments be specifically mentioned in the Charter except as otherwise provided or
delineated." In other words, the preference is to avoid mentioning specific departments(or in
some cases commissions) in the Charter unless there is a compelling reason to do so. The
Committee is reviewing each of the departments,boards and commissions currently referenced
in the Charter to determine whether such compelling reasons exist. The Committee is
scheduled to discuss possible charter provisions regarding the Water Department at its October
27,2015 meeting.
In anticipation of the Committee's discussions,Management Partners has conducted interviews
with some of the potentially affected stakeholders and has researched the practices of 17
comparable peer agencies. We also have examined the practices of independently operated
public water and wastewater utilities (i.e.,not operated by a city). The purpose of this
memorandum is to summarize the input received and provide additional information
Committee members may wish to consider in developing specific recommendations.
Background
San Bernardino Charter Article XI establishes the Water Department, governed by a five-
member Board of Water Commissioners (Water Commission). Members of the Water
Commission are appointed by the Mayor and confirmed by the Common Council. Section 163
of the Charter gives the Water Commission the authority to:
• Establish and collect all water rates, rentals from water bearing lands, and generally
regulate, control,manage, renew,repair and extend San Bernardino's entire water
system;
• Employ personnel, including the general manager of the department and any other
employees required to operate the enterprise;
• Regulate, control,manage, renew, repair and extend the City's wastewater treatment
(i.e., sewage disposal)plants, as directed by the Mayor and Common Council;
40
Water and Wastewater Utility Functions and Boards
• Incur debt or liability so long as it does not exceed the department's annual income and
revenue provisions or exceed debt limitations as established by the State of California;
• Make rules and regulations regarding the conduct of members of the Water
Commission; and
• Control and order the expenditure of monies received from the sale or use of water.
These Charter provisions enable the Water Department to operate somewhat independently
from the rest of the City organization.
Interview Results
Stakeholder interviews were conducted with the city manager,Mayor,Water Department
general manager,Water Commission President, and a former Mayor who also had prior service
on the Water Commission. The purpose of the interviews was to hear various perspectives
about the extent to which a new charter should retain any of the existing provisions related to
the Water Department. The interviews generated widely varying opinions,which tended to fall
into one of two themes:
1. The Charter should contain provisions that allow the Water Department to maintain its
operational independence from the rest of the City, or
2. The Water Department should be treated the same as any other department and be
accountable to the city manager and Common Council under a council-manager form of
government.
All of the opinions expressed during the interviews are represented below.
The Charter should contain provisions that allow the Water Department to continue
operating independently from the City under the governance of the Water Commission.
Reasons given for this perspective include the following.
• The Water Department is one of San Bernardino's most successfully managed and
efficiently operated departments. "If it's not broken, it shouldn't be fixed."
• The Water Commission's authority to set water rates and charges allows such decisions
to be made based on the needs of the system and the community it serves,without the
influences of politics.This also provides political benefit to the Common Council,which
can shift blame to the Water Commission when customers are unhappy. There is a
"profound" difference in the time and effort required to raise water rates compared to
the process for adjusting sewer/wastewater rates,which are under the control of the
Common Council. We were told one reason the City's sewer/wastewater system is
deficient is the consistent reluctance of the Common Council to raise the fees necessary
to ensure adequate maintenance.
• The independent ability to set water rates and charges and issue debt allows the Water
Department to maintain and improve the water system infrastructure and provide high
quality customer service consistent with best practices. This is critical to the City's
economic development efforts. The same cannot be said for the maintenance and
improvement of San Bernardino's other infrastructure systems.
41
Water and Wastewater Utility Functions and Boards
• The Water Department has completely separate and far superior internal support
systems and personnel. It has separate finance and procurement systems,uses a
different method of accounting than the City, and has independent information
technology and human resources functions and staff. It was necessary to develop these
separate systems to comply with highly technical rules and regulations governing
water/wastewater operations, as well as the requirements of a consent decree the City
was under for remediation of groundwater contamination. Some might consider these
systems redundant and therefore inefficient. However,forcing the department to use
the City's internal support systems and staff would severely impair its ability to operate
efficiently and effectively. The City's internal support departments lack the capacity or
expertise to handle the demands of the water/wastewater operation and would likely be
overwhelmed.
• The independence of the Water Commission and Water Department allows more rapid,
nimble response to changing water service delivery needs. For example,the Water
Department was able to meet state-mandated water conservation targets quickly by
being able to create and deploy its own community outreach and education programs.
• The Charter provides better protection than the municipal code or other policy
documents against potentially harmful interference by the Mayor, Common Council or
city manager. Such protection is important,given the history of San Bernardino's
leadership and management. This has protected the Water Department against the
negative effects of the City's bankruptcy.
• Because it must function as a public utility, the Water Department is unique and
substantially different from the other City operating departments. Giving it special
protection in the Charter recognizes this difference.
• The relative independence of the Water Department has allowed it to recruit and retain
quality employees who may otherwise be concerned about working for San Bernardino.
It was pointed out that unlike the rest of the City,Water Department employees are not
unionized, and operate under labor agreements negotiated and approved by the Water
Commission. They also have different benefits provisions than other City employees.
• The effective and efficient provision of water services to the community is an important
consideration,even if the Water Department's existing governance structure and
authority is different from that commonly found in municipal water utilities.
The Water Department should receive no special Charter provisions or protection. Instead,
the Water Board should be accountable to the Common Council and the general manager
should be accountable to the city manager, consistent with the council-manager form of
government. In a democratic republic,rate setting, employment and debt issuance powers
are more appropriately assigned to an elected body,in this case the Common Council.
Reasons given for this perspective include the following.
• The Common Council should be able to determine whether the Water Department
should be an independent entity and what the powers and authorities of the Water
Commission are. The City's municipal code is a more appropriate place for specific
reference to the Water Department,Water Commission and their delegated powers.
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Water and Wastewater Utility Functions and Boards
• Efficiency should never trump democracy. Those responsible for setting fees and
charges paid by the public should be accountable to the public. As an appointed body,
the San Bernardino Water Commission is accountable only to itself,even though it has a
history of serving the interests of the community well. A public utility,whether
operated by a city or as an independent special district, typically places rate setting
authority with elected officials who are accountable to the voters.
• The general manager is accountable only to the Water Commission because s/he is hired
by the Water Commission. This is inconsistent with best practices for municipal water
departments,which typically have the general manager or department director
reporting to the city manager. San Bernardino is fortunate to have had highly
competent, professional management overseeing the Water Department. But what if
this were not the case? The current charter provisions preclude the Mayor,the Common
Council or the city manager from holding the general manager and other Water
Department staff accountable. Like rate setting authority, the authority to hire and
remove public employees should be given to someone other than an appointed body.
The common practice is for this to be the city manager.
• Although the internal support systems of the Water Department may be more effective
than the City's, they are redundant with the City's, creating inefficiencies for the public
being served. In other words,the public is paying for two finance operations,two
information technology operations,etc.,when it would be more efficient to pay for one.
Centralized internal support services create greater efficiency through economies of
scale and foster data sharing by multiple departments. The charter should not limit San
Bernardino's ability to consolidate such systems in the future
• Even though the Water Department may operate as a public utility,it is still part of the
City organization,not an independent special district. When the Water Department has
disagreed with something the City wanted to do(e.g., a cost allocation plan for City
administrative services provided to the department),it has used its independent
resources to fight City Hall. This illustrates potential problems with accountability.
• San Bernardino needs to operate as one team to effectively serve the community. It isn't
a true council-manager form of government if certain departments are excluded from
being within the City's control.
These two divergent perspectives, i.e.,practical efficiency and effectiveness vs. democratic
governance and accountability, are difficult to reconcile. However,the practices of comparable
peer agencies indicate an emphasis on governance and accountability, followed by efficiency
and effectiveness.
Comparison with Peer Agencies
Management Partners reviewed the charters,municipal codes and websites of 17 peer agencies
to gather information on municipally operated water utilities and their governance. A
summary of the water service providers for the 17 peer agencies is provided in Table 1. It shows
12 out of 17 peer agencies operate a water utility. The other five communities receive water
service through either a private water company, an independent special district, or a county.
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Water and Wastewater Utility Functions and Boards
Some peer agencies include water services as part of a larger Public Utilities Department. A
table providing the details for each peer agency is provided as an attachment.
Table 1. Summary of Peer Agency Water Service Providers
city Water
Operated . .
Water Another
Population Utility Entity Comments
200,000 to 2 2 Modesto and Stockton administer a water utility. Chula Vista is served E
299,000 by a joint powers agency led by National City and an independent
special district. Irvine is served by the Irvine Ranch Water District,an
independent special district.
300,000 to Bakersfield administers a water department.Anaheim, Riverside,and
399,000 Santa Ana have public utilities departments that include water
4 0 provision.
150,000 to Glendale,Santa Rosa,Oceanside, Hayward, Pomona,and Torrance
199,000 administer water functions.A portion of Torrance receives water
services from a private water company.Salinas receives water from
two private water companies, Lancaster receives water from Los
Angeles County, and Palmdale receives water services from an
6 3* independent special district.
TOTAL 12 5
Source: Peer agency charters,municipal codes and websites.
*Although a portion of the City of Torrance receives water service from a private company,the City has been counted as a City-
operated water department for purposes of this analysis.
Table 2 provides information on the peer agencies with established water or utilities boards or
commissions. Of the 12 agencies providing water/wastewater utility services, eight have a
water or public utility board or commission.
Table 2. Summary of Peer Agency Water Boards and Commissions
Operated City
Water Water
Population Department* Board Comments
200,000 to 2 1 Stockton has a Water Advisory Group,which is advisory to a City
299,000 Council Water Subcommittee. Modesto does not have a water board.
300,000 to 4 3 Anaheim, Bakersfield,and Riverside water or public utilities boards.
399,000 Santa Ana does not have a water board or commission.
150,000 to 6 4 Glendale,Santa Rosa,Oceanside,and Torrance have water boards.
199,000 1 Hayward and Pomona do not have water boards.
TOTAL 12 8
Source: Peer agency charters,websites and municipal codes
*More specific city-operated water department information was previously provided in Table 1 above.
Management Partners examined the charters of the 12 agencies having a water utility to
determine whether the departments providing the service and/or associated boards or
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Water and Wastewater Utility Functions and Boards
commissions are specifically referenced in the charter. Table 3 shows that only two of the cities
(Riverside and Glendale) have specific charter provisions regarding a water or public utilities
department. Three cities (Anaheim, Riverside and Santa Rosa) have charter provisions for the
establishment of a Water or Public Utilities Board.
Table 3. Summary of Water Utility and Water Board Charter References
Charter-
Department
Referenced Water Utility
Population in Charter Board Comments
200,000 to 0 0 Stockton's Water Advisory Group is appointed by the City Council,
299,000 but it is not specifically identified in either the City's charter or
municipal code.
300,000 to 1 2 Anaheim's charter establishes a Public Utilities Board(Article IX),
399,000 but does not specifically reference a utilities department.
Riverside's charter describes the Public Utilities Department and the
Board of Public Utilities(Article XII). Bakersfield's charter discusses
general city management of public utilities but does not specifically
reference a water department or a water board(Article IX).The
Santa Ana charter does not mention public works,water services, or
a water board.
150,000 to 1 1 Santa Rosa's charter describes the water board,water utility,and
199,000 the water rate setting process(Section 25 and Section 26), but
makes no reference to specific departments.Glendale's charter
mentions a Water and Power Department but does not mention a
water board(Article XXII).The Hayward,Oceanside,and Torrance
charters provide general information about public works but they
do not specifically reference a water department,utility or board.
Pomona's Charter does not mention public works,water services,or
a water board.
TOTAL 2 3
Source: Peer agency charters,websites and municipal codes
Our research indicates specific references to water or public utilities departments and/or water
boards or commissions are more commonly found in a municipal code.
Table 4 summarizes how members of the water/public utilities board are appointed in the eight
agencies having them. It shows that five boards are appointed by the City Council as a whole.
In two cases (Riverside and Bakersfield) the members are appointed by a Mayor or Vice Mayor,
subject to confirmation by the City Council. The Torrance Mayor has independent authority to
appoint members of that city's water board.
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Water and Wastewater Utility Functions and Boards
Table 4. Appointment of City Water Utility Boards
Appointment
by City Appointment
i
Population • by
200,000 to 1 0 Stockton's Water Advisory Group members are nominated by
299,000 individual Council members but appointed by the whole City Council.
300,000 to 1 2 Anaheim's Public Utilities Board members are appointed by the City
399,000 Council as a whole. Riverside's Board of Public Utilities members are
appointed by the Mayor and confirmed by the City Council.
Bakersfield's Water Board members are appointed by the Vice
Mayor and confirmed by the City Council.
150,000 to 3 1 Glendale and Santa Rosa water board members are appointed by the
199,000 City Council. Oceanside Utilities Commission members are
nominated by the mayor, but approved by the City Council.Torrance
Water Commission members are appointed by the Mayor.
TOTAL 5 3
Source: Peer agency charters,websites and municipal codes
Table 5 summarizes the common powers of peer agency water utility boards. It shows that all
of the boards are advisory in nature when it comes to rate setting. One board, Stockton's Water
Advisory Group, reports to a City Council subcommittee and appears to have no involvement
setting rates. None of the water boards or commissions have independent rate setting
authority, and none of them have the power to hire or remove their own staff.
Table 5. Rate Setting and Staff Appointment Powers of Peer Water Utility Boards
Appointment Rate Setting Rate Staff
Advisory Setting
Population
200,000 to 01 0 0 Stockton's Water Advisory Group(WAG)is advisory
299,000 to a City Council Water Subcommittee. It does not
appear to have any role in rate setting.
300,000 to 3 0 02 Anaheim's City Council sets rates with advice from
399,000 the Public Utilities Board. Bakersfield and Riverside
water boards establish rates that require approval by
City Council.
150,000 to 4 0 0 Glendale,Oceanside,and Torrance water rates are
199,000 established by City Council. Santa Rosa City Council
establishes rates, but the Water Board may establish
other fees and charges associated with operations.
TOTAL 7 0 0
Source:Peer agency websites,charters and municipal codes
1Stockton's Water Advisory Group is focused on"current and future issues impacting water,wastewater and storm water
utilities"and reviews the Department of Municipal Utilities'monthly operations and maintenance report. Advisory powers
related to rate setting appear to be delegated to the City Council Water Subcommittee.
2Riverside's Public Utilities director is appointed by the city manager,subject to approval by the Public Utilities Board.
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Water and Wastewater Utility Functions and Boards
Conclusion
The following conclusions can be made from the interviews and peer agency research.
• There are two divergent points of view regarding the San Bernardino Water
Department. One is that the Charter references the Water Department to protect its
independence and existing powers. The other is that the department should not receive
special Charter protections. There are compelling rationales for both.
• Most peer agencies make no reference to a water department or water board or
commission in their charter.
• Of the agencies that have water boards,none have independent rate setting authority.
Instead, rates are established by an elected governing body that is accountable to the
public. In fact,Management Partners could not find a single public water/wastewater
utility in California that does not vest rate setting authority in an elected body.
• None of the peer agency water boards or commissions have the independent ability to
retain or remove department staff. The executive responsible for water/wastewater
operations (i.e., director or general manager) is appointed by and reports to a city
manager.
I
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Water and Wastewater Utility Functions and Boards
Attachment—Water Utility Provisions by Peer Agency
Table 6 contains more specific information about water utility boards and systems for each of
the 17 peer agencies.
Table 6. Summary of Peer Water Utility Provisions—Charter and Municipal Code
Water Utility
System Water
Described in Utility
Board Peer Agency Charter
200,000 to 299,000
Chula Vista No No Chula Vista does not administer a water utility.There are two
water agencies operating in Chula Vista.The first is The
Sweetwater Authority which is a JPA that operates out of the
City of National City.Sweetwater Authority has a seven-
member water utility board. Five board members are publicly
elected by the citizens of each of five voting districts.The
Mayor of National City also appoints two board members.The
second water service provider is Otay Water District,a private
water company.
Irvine No No Irvine does not administer water utilities.The Irvine Ranch
Water District is the water service provider. Irvine Ranch Water
District has a five-member Board of Directors that are publicly
elected by the residents in the water district. Elections are
general and not based on districts.
Modesto No No Modesto does not have a water board.Title 11,Chapter 1,
section 1.01 of the municipal code authorizes the management,
control and care of the municipal water system of the City to
be vested in the Public Works director under the general
direction of the city manager.
Stockton No Yes Stockton has a water advisory group that made up of seven
members.One member is appointed by each Council member
and the Mayor.
300,000 to 399,000
Anaheim No Yes Anaheim's Charter establishes a Public Utilities Board(Section
909).The Public Utilities Board has seven members.Board
members are appointed by City Council.
Bakersfield No Yes Bakersfield's Charter discusses city management of public
utilities but does not specifically reference a water utility or a
water board (Article IX). Bakersfield's Vice Mayor appoints
board members who are confirmed by City Council.
Riverside Yes Yes Article XII of the Riverside charter describes the Department of
Public Utilities and the Board of Public Utilities. Board of Public
Utilities members are appointed by City Council and the Mayor.
Each of the nine members represent one of the nine wards in
the city.
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Water and Wastewater Utility Functions and Boards
Board Water Utility
System Water
Described in Utility
Peer Agency Charter
Santa Ana No No Santa Ana administers its water utility but does not have a
water board.
150,000 to 199,000
Glendale Yes Yes Article XXII of Glendale's Charter provides a general definition
of the Glendale Water and Power Department. Glendale Water
and Power Commission has eight members who are appointed
by the City Council.
Hayward No No Hayward administers its water utility but does not have a water
board.
Lancaster No No Lancaster does not administer its water utilities. Los Angeles
County Water District No.40 provides water services to
Lancaster.This water district is governed by the County Board
of Supervisors.
Oceanside No Yes Oceanside Utilities Commission has nine members who are
nominated by the Mayor and approved by City Council.
Palmdale No No Palmdale does not administer water utilities. Palmdale Water
District provides water services to Palmdale.The Palmdale
Water District is governed by a water board made up of five
members who are publicly elected by districts.
Pomona No No Pomona administers its water utility but does not have a water
board.
Salinas No No Salinas does not administer a water utility.Water services are
provided by two private water companies.
Santa Rosa Yes Yes Section 25 of Santa Rosa's Charter details the Board of Public
Utilities. Board is appointed by City Council and has the
authority to establish other fees and charges associated with
water operations. However,the City Council has authority to
set water rates.
Torrance No Yes Torrance administers a water utility but part of the city is
serviced by a private water.The Torrance water utility has a
Water Commission made up of seven members appointed by
the Mayor.
Total 2 8
Source: Peer agency websites,charters and municipal codes
49