HomeMy WebLinkAbout01-26-2016 Charter Committee Agenda & Backup City of San Bernardino
Volunteer Citizen-Based Charter Committee
Agenda
Time: 5:00 p.m.
Date: Tuesday, January 26, 2016
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
COMMITTEE MEMBER COMMENTS
PUBLIC COMMENTS (LIMIT 30 MINUTES)
ACTION ITEMS (subject to time available with meeting scheduled to end by 7:30pm)
1. Approval of minutes from January 12, 2016 meeting (attached)
2. Special Presentations—Dr. Milton Clark, Library Board of Trustees
3. Procedural Matters
a. Review Timeline (attached)
b. Update on potential dates for next public forums
C. Discuss Progress Report to Mayor and Common Council
4. Work on Specific Language for Charter—(Note: Please bring your previously distributed copy of
Charter Draft #1)
a. Alternative language for Preamble, Section 305(a) and Section 305(c) (Attached)
b. Charter language approved by the Committee to date (Attached)
C. Proposed modification to Article IV, Section 400 of Charter Draft#1 (Attached)
ADJOURN
Unless changed at the January 26`h meeting, the next meeting of the Volunteer Citizen-Based Charter
Committee will be 5:00p.m., Tuesday, February 9, 2016, 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
DRAFT
Charter Review Committee
Tuesday,January 12, 2016
Minutes
Committee Members Present: Phil Savage, Gloria Harrison,Vicki Lee,Tom Pierce,Michael Craft,Gary Walbourne,
Casey Dailey,Dennis Baxter, and Hillel Cohn
Staff/Committee Consultants Present: Cathy Standiford,Management Partners; City Attorney Gary Saenz, City Clerk
Gigi Hanna
Chair Savage called the meeting to order at 5:01 p.m.
Public Speakers
Shirley Harlan,of San Bernardino, discussed two areas of concern: How to inform the public about the proposed Charter
reform process in a way that will inform and inspire them to vote. She said the forums are not enough in themselves, and
suggested requesting help from the League of Women Voters, residents and teachers who are passionate about governance
issues; she was also concerned about the wording in the preamble of the charter.
Minutes
A motion was made by Cohn, seconded by Baxter,to approve the Minutes of the December 8, 2015, with the change to
indicate that Michael Craft was absent for a vote rather than abstaining. The motion carried. A motion was made by Cohn,
seconded by Baxter to accept the minutes of December 29,2015,as presented.The motion carried,with Lee and Dailey
abstaining because they had not been at that meeting.
Action Items
The committee voted to make the following changes to the Charter document:
• Modify the draft Charter Preamble to strike the words"under the constitution and laws of the State of California,"
and to move the words"and to ensure fundamental municipal services are provided to protect and promote the
public health, safety, and welfare,"to either section 300 (General Powers and Duties)or 302(Duties of the City
Council). Motion by Baxter, second by Harrison. Motion carried.
• Approve Section 1.01 as written. Motion by Baxter, seconded by Lee.Motion carried.
• Change the heading"Construction"to"Interpretation of Powers"in Section 1.02.The motion was made by Cohn,
seconded by Harrison. It carried.
• To leave in the word"liberally" in the preamble and accept Section 1.02 as amended. The motion was made by
Baxter, seconded by Dailey. It carried,with Craft voting no.
• To accept Section 1.03 as presented. The motion was made by Cohn, seconded by Baxter and carried
unanimously.*
• To accept Section 1.04 as presented. The motion was made by Dailey, seconded by Cohn and carried
unanimously.*
• To accept Article 2 as presented. The motion was made by Dailey, seconded by Baxter and carried unanimously.
• To accept Section 300 with the following changes: In paragraph two,to add the word"Municipal"between the
words"City"and"Code";to add("Council")after City Council and to change City Council to"Council"
wherever it appears in the document thereafter. The motion was made by Cohn, seconded by Baxter and carried
` unanimously.
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• To approve the first paragraph of Section 3.01(a)with the addition of the following language: "The term `council
member' shall be deemed to mean those members of the Council other than the mayor."The motion was made by
Baxter, seconded by Dailey and carried unanimously. *
• To adopt paragraph 2 of 3.01 (a)as presented,but add the following sentence: The term"Council member" shall
be deemed to mean only those members of the Council other than the Mayor.
• That paragraph three of 3.01(a)be rewritten to read"The voters of the City shall elect a mayor at large...."The
motion was made by Dailey, seconded by Cohn and carried unanimously.
• To adopt Section 3.01 (b)and(c), changing the reference to Article 6 to Article 8. The motion was made by
Dailey, seconded by Baxter and carried unanimously.
• To adopt the first two paragraphs of section 3.02 with the following changes: Add the following sentence to the
beginning of the first paragraph: The Council shall ensure fundamental municipal services are provided to protect
and promote the public health, safety, and welfare. Strike the words"will strive to"from the second sentence and
replace with the word"shall". The motion was made by Cohn, seconded by Baxter and carried unanimously.
• To adopt Section 3.03, subsections(a)through(e);modify section(f)to read"...shall represent the City in
intergovernmental ...";and modify(g)to read that the"Mayor shall seek to build consensus with council
members..."The notion was made by Cohn, seconded by Harrison and carried unanimously. *
• To adopt 3.03 (h), striking the word"however"The motion was made by Dailey, seconded by Lee and carried
unanimously.
• To incorporate the first sentence of Section 24 of the current Charter into Section 3.03 of the proposed Charter.
The motion was made by Dailey, seconded by Harrison and carried unanimously.
• To modify the first paragraph of Section 3.04 to read"Compensation for the mayor shall be higher than that of
Council members and be commensurate with a full-time position.The motion was made by Harrison, seconded
by Dailey and passed.*
• To adopt Section 3.05(b)and defer consideration of section 3.05 (a)and 3.05(c)to the next meeting. The motion
was made by Dailey, seconded by Cohn and carried unanimously.
*Commissioner Craft indicated by note to the City Clerk after the vote that he had abstained from this vote,although he
did not announce it at the time of the vote nor state a reason for abstaining.
Next Meeting Date and Time
The next meeting date of the Volunteer Citizen-Based Charter Committee will be 5:00 p.m., Tuesday, January 26, 2016.
Adjournment
The meeting adjourned at 7:24 p.m.
Respectfully submitted by
Gigi Hanna
City Clerk
3
Charter Committee Working Timeline—January 26, 2016
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 1 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
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San Bernardino Charter Committee Timeline Page 2
Meeting
Date Task or Activity Comments/Status
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
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San Bernardino Charter Committee Timeline Page 3
Meeting
Date Task or Activity Comments/Status
Discuss Charter skeleton Preliminary recommendation: Charter not specifically mention
provisions related to City departments except as otherwise provided or delineated
departments and their
establishment
9/15 Review and Discuss survey Discussed
results
Finalize plans for progress Discussed
report to Mayor and Council
on skeleton
9/21 Present Progress Report at Presented
Mayor Common Council
Meeting
9/22 Discuss input from Mayor and Discussed, no change in skeleton based on input from Mayor and
Council from 9/21 Progress Council at this time
Report presentation, modify Discussion of whether to reconsider alternatives for ensuring odd
skeleton as desired number of voting members—Deferred to next meeting agenda
Discuss specific departments Preliminary recommendations:
referenced in the charter to . No reference to School Districts in Charter
determine whether language • Include reference to Library Board of Trustees,with specific
should be included in charter powers and authority to be determined by the City Council
Discuss other department or Discussion of whether services to be provided should be included in
agency language to include in the Charter— Deferred to next meeting agenda
charter
Identify other topics to be Not discussed
covered by the Charter
skeleton, i.e., elections, fiscal
matters, code of ethics, etc.
10/13 Discuss reconsideration of Discussed, but deferred to obtain input through public forums
alternatives to ensure odd
number of voting members
Discuss whether to add Discussed. Alternative options to be discussed at 10/27 meeting
language on services to be
provided without specifying
departments
Discuss potential Police and Preliminary recommendation:
Fire Department skeleton • No reference to Police or Fire Department in Charter
provisions, if any
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/ Preliminary recommendation:
personnel system skeleton • No specific reference to Civil Service Board or Department
provisions in the Charter. Instead, include language that the City shall
establish a personnel system.
Discuss potential Water Not discussed—deferred to November 10 meeting
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San Bernardino Charter Committee Timeline Page 4
Meeting
Date Task or Activity Comments/Status
Department skeleton
provisions, if any.
Finalize plans for public forums Discussed
Review potential language Preliminary recommendations:
(possibly in a Preamble) • Add "The City shall ensure fundamental services are
regarding fundamental provided to protect and promote the public health,safety
services to be provided and welfare,"to the Charter Preamble.
• Add "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 the Charter shall continue unless and until
changed by the Council"to the skeleton section for
Common Council
11/4 Public Forum, Golden Valley Held
Middle School, 6:30 p.m.
11/5 Public Forum:Arroyo Valley Held
High School, 6:30 p.m.
' 11/9 Public Forum, Indian Springs Held
High School, 6:30 p.m.
11/10 Discuss potential Water Discussed. Action postponed to next meeting
Department skeleton
provisions
Review input received at Discussed
public forums
Reconsider Mayoral voting and Discussed. Action postponed to next meeting
options for ensuring odd
number of voting members
Review and discuss how Not discussed
charter issues would be
treated under general law
11/24 1 No Meeting Meeting rescheduled to December 1, 2015
12/1 Discuss potential Water Preliminary recommendations:
Department skeleton The Charter shall make reference to a department
provisions responsible for water,wastewater and sewer functions with
an oversight Board of Commissioners;with their specific
powers and authority to be determined by the Council; and
with the Commissioners to be appointed by the Council
(including the Mayor). The Board shall recommend rates
for water,wastewater and sewer services to the Council.
The City Manager shall have responsibility and supervision
of the department.
• Include a section on Rights, Succession and Liabilities to
read:The City of San Bernardino shall continue to own,
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San Bernardino Charter Committee Timeline Page 5
Meeting
Date Task or Activity Comments/Status
possess,and control all rights and property of every kind
and nature, owned, possessed or controlled by it at the
time this Charter takes effect and shall be subject to all its
debts, obligations and liabilities.
Reconsider Mayoral voting and Discussed. Decided to retain current charter skeleton provisions for
options for ensuring odd Mayoral voting rights and a six-ward Council system.
number of voting members
Compare and consider general Not discussed.
law vs. charter options for San
Bernardino
Review and discuss other Discussed. Will discuss compensation and employment status of
elements to be considered in Mayor and Council (full-time vs. part-time) at next meeting. No other
the skeleton elements to be considered in the skeleton.
12/8 Review compensation and Preliminary Recommendations:
employment status for Mayor . Mayor shall serve essentially full time
and Council members • Compensation for Mayor and Common Council will be set
periodically by the Mayor and Common Council following a
public hearing,and based on the recommendations of an
advisory Compensation Commission charged with the
periodic review of elected official compensation.
• Mayor shall be compensated higher than Council members.
Compare and consider general Preliminary Recommendations:
law vs. charter options for San • The Committee will propose a new charter(i.e., not
Bernardino recommend the City become general law)
• Follow general law with regards to prevailing wages (i.e.,
no charter exemption)
Begin discussing specific Directed consultant to work with City Attorney in preparing a draft
charter language document for the Committee to review.
12/22 No meeting Meeting rescheduled to December 29, 2015
12/29 Consider election skeleton Preliminary Recommendation:
provisions Consolidate municipal elections with the cycle for state and
federal elections (i.e., November of even-numbered years)
Discuss specific charter Discussed Preamble only
language
Discuss potential public forum School District has requested 4 weeks' notice
dates
1/12 Continue work on specific Discussed Articles I, II, and portions of Article III.
language
Discuss progress report to Progress report scheduled for Feb 1. Staff report due to City Clerk on
Mayor and Council and 1/26/16.
upcoming public forums
1/26 Continue work on specific
language
Finalize plans for progress
report to Mayor and Council;
' discuss upcoming public
forums
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San Bernardino Charter Committee Timeline Page 6
Meeting
Date Task or Activity Comments/Status
2/1 Present progress report at
Mayor/Common Council
meeting
2/9 Incorporate comments from
Mayor and Common Council
into charter details; continue
to work on specific language
Discuss content and format for
Committee's report to Mayor
and Common Council
r Feb 8- Hold second round of public The following dates have been provided to the SBUSD, but need to
25 forums (Wards 2, 3, 4 and 5) be confirmed: Feb 8, Feb 10, Feb 17, Feb 22, Feb 24, Feb 25
2/23 Review and revise Charter
proposal
Discuss future role and
responsibilities of the Charter
Committee once report has
been presented
3/8 Review draft report to Mayor Note: Report contents should contain summaries of each Committee
and Common Council; discuss recommendation and rationale (for use during education and
presentation format 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 and Common Council
4/18 Present recommendations to
Mayor and Common Council
(alternative date)
Additional Charter 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
9
Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford,Partner
Subject: Alternative Language for Charter Preamble, Section 305(a) and 305(c)
Date: January 26, 2016
The Charter Committee is working on specific language for a new charter. At its meeting of
January 12, the Committee received a suggestion from the public to shorten and simplify the
draft Preamble and requested that the suggested changes be provided in writing. The
Committee also requested alternative language to be developed for Article III Sections 305(a)
and 305(c). The purpose of this memorandum is to transmit alternative language for each of
these sections for the Committee's consideration.
Preamble
On January 12, 2016 the Charter Committee approved the following wording for the Preamble,
which was based on language provided in the National Civic League Model Charter:
We, the people of the City of San Bernardino, in order to secure the benefits of local self-
government and to provide for an honest and accountable council-manager government,
do hereby adopt this charter and confer upon the City the following powers, subject to the
following restrictions, and prescribed by the following procedures and governmental
structure. By this action, we secure the benefits of home rule and affirm the values of
representative democracy, professional management, strong political leadership, citizen
participation, diversity and inclusiveness, and regional cooperation.
During public comments, a resident expressed concerns about the phrase "honest and
accountable," the number of times the word "following" is used, and the inclusion of the words
"political," "diversity" and "inclusiveness." She suggested removing these words and phrases
to streamline the Preamble language. The following reflects these suggestions.
We, the people of the City of San Bernardino, under the constitution and laws of the State
of California, in order to secure the benefits of local self-government and to provide for a
council-management form of government, do hereby adopt this charter and confer upon
the City the following powers, subject to certain restrictions, and prescribed by the
procedures and governmental structure reflected in this charter. By this action we secure
the benefits of home rule and affirm the values of representative democracy, professional
management, strong leadership, citizen participation, and regional cooperation.
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Alternative Language for Charter Page 2
Section 305(a)
Section 305 of the draft charter is intended to set forth certain limitations or prohibitions on the
Mayor and Council members. As initially presented, Section 305(a)would prohibit them from
holding any other elected public office during the term for which they were elected. It also
would prohibit the Mayor and Council members from holding compensated appointive office
or employment with the City for at least one year after the expiration of their term.
Appointment of former mayors or Council members to represent the City on the governing
board of regional or intergovernmental agencies would still be permitted.
Committee members questioned whether prohibition against holding any other elected office
was necessary to include, because it is already prohibited by State law. They also questioned
whether prohibitions against lobbying activities or other potential conflicts of interest should be
included in the charter. Finally, there was discussion that appointments to regional or
intergovernmental agencies should be limited to the elected officials currently in office.
State law currently prohibits elected officials from holding more than one elective office
concurrently. As such, the first sentence of Section 305(a) could be removed. It is
recommended,however, that the section contain prohibition against compensated City
appointive office or employment.
State officials are precluded from lobbying on behalf of individuals before their agencies for one
year after leaving office. Beginning in 2006 that requirement became applicable to local elected
officials, and certain appointed officials, including city and county managers and general
managers of special districts. Government Code§87406.3(a) states:
A local elected official, chief administrative officer of a county, city manager, or general manager
or chief administrator of a special district who held a position with a local government agency as
defined in Section 82041 shall not,for a period of one year after leaving that office or
employment, act as agent or attorney for, or otherwise represent,for compensation, any other
person, by making any formal or informal appearance before, or by making any oral or written
communication to, that local government agency, or any committee, subcommittee, or present
member of that local government agency, or any officer or employee of the local government
agency, if the appearance or communication is made for the purpose of influencing administrative
or legislative action, or influencing any action or proceeding involving the issuance, amendment,
awarding, or revocation of a permit, license,grant or contract, or the sale or purchase of goods or
property.
State law does not preclude a local government agency from adopting an ordinance or policy
that restricts the appearance of a former local official before that local government agency if the
ordinance or policy is more restrictive than state law. Because there are already conflict of
interest laws in place that apply to local elected and appointed officials the proposed charter
could either be silent on the issue of lobbying, or merely refer to current state law. The
proposed charter also need not specify more stringent conflict of interest provisions (if desired),
because they can be adopted by ordinance or policy.
11 -.O>
Alternative Language for Charter Page 3
Alternative for Section 305(a)
Based on the above information, the following is proposed as an alternative to Section 305(a) as
presented in Charter draft#1.
(a) Holding Other Office. No Mayor or Council member shall hold any other City office or City
employment during the term for which they were elected. No former Mayor or Council member
shall hold any compensated appointive office or employment with the City until one year after the
expiration of the term for which they were elected. Elected and appointed officials shall adhere to
conflict of interest codes as established by state law and/or City ordinance.
Section 305(c)
Section 305(c) is intended to limit the ability of elected officials to interfere with the daily
operation of management of the City by requiring communication through the city manager.
Committee members requested clearer, simpler language. Three options are proposed for the
Committee's consideration.
Option A
(c) Interference with Administration. The Mayor and Council members shall not deal
directly with City officers and employees who are subject to the direction and
supervision of the City Manager. Mayor and Council member inquiries of such city
officers and employees should be made through the City Manager, and neither the
Mayor nor Council members shall give orders to such officers or employees, either
publicly or privately, other than the officers or employees of their own department.
Option B
(c) Interference with Administration. The Mayor and Council members shall not deal
directly with City employees and officers or give directions or orders to them, either
publicly or privately, except:
(1) Those reporting directly to them,
(2) Through the City Manager; or
(3) For the purpose of inquiries.
Option C
(c) Interference with Administration. The Mayor and Council members shall deal with
city officers and employees who are subject to the direction and supervision of the city
manager solely through the city manager, and shall not give orders to or attempt to
direct the work of such officers and employees either publicly or privately. Inquiries
may be made directly to officers and employees under the supervision of the city
manager with the knowledge and consent of the city manager.
12
Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford,Partner
Subject: Proposed Charter—Approved Changes to Draft #1
Date: January 26, 2016
On December 29, 2015, Management Partners provided an initial draft charter to the Charter
Committee to facilitate its discussions about specific language. The Committee made a number
of modifications to the initial draft at its meeting of January 12, 2016.
The attached document incorporates the changes approved by the Charter Committee to date
for Articles I, II and I1I, through Section 305(b). The Table of Contents has been omitted for
efficiency. The Committee is scheduled to consider revised language for Sections 305(a) and
305(c) at the next meeting.
13
PROPOSED CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
PREAMBLE
We, the people of the City of San Bernardino, in order to secure the benefits of local self-
government and to provide for an honest and accountable council-manager government, do
hereby adopt this charter and confer upon the City the following powers, subject to the
following restrictions, and prescribed by the following procedures and governmental structure.
By this action,we secure the benefits of home rule and affirm the values of representative
democracy, professional management, strong political leadership, citizen participation,
diversity and inclusiveness, and regional cooperation.
ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION
Section 100. Name and Boundaries
The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal
corporation under its present name of"City of San Bernardino." The boundaries of the City
shall be as now established until changed in the manner authorized by law.
Section 101. Powers of the City
The City shall have all powers possible for a city to have under the constitution and laws of the
State of California as fully and completely as though they were specifically enumerated in this
Charter.
Section 102. Interpretation of Powers
i The powers of the City under this Charter shall be construed liberally in favor of the City, and
the specific mention of particular powers in the charter shall not be construed as limiting in any
way the general power granted in this article.
1
Section 103. Rights and Succession
The City shall continue to own, possess and control all rights and property of every kind and
nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be
subject to all its debts, obligations and liabilities.
All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time
this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in
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Proposed San Bernardino Charter Page 2
force until they shall have been duly repealed, amended, changed, or superseded by proper
authority as provided by this Charter.
Subject to the provisions of this Charter, the present officers and employees of the City shall
continue to perform the duties of their respective offices and employments under the same
conditions as those of the existing offices and positions until the election or appointment and
qualification of their successors, subject to such removal and control as provided in this Charter.
No action or proceeding, civil or criminal, pending at the time when this Charter takes effect,
brought by or against the City or any officer, office, department or agency thereof, shall be
affected or abated by the adoption of this Charter or anything herein contained.
Section 104. Intergovernmental Relations
The City may participate by contract or otherwise with any governmental entity of this state or
any other state or states in the United States in the performance of any activity, which one or
more of such entities has the authority to undertake.
ARTICLE II: FORM OF GOVERNMENT
Section 200. Form of Government
The municipal government established by this Charter is the council-manager form of
government.
ARTICLE III: CITY COUNCIL
Section 300. General Powers and Duties
All powers of the city shall be vested in the City Council ("Council"), except as otherwise
provided by law or this Charter, and the Council shall provide for the exercise thereof and for
the performance of all duties and obligations imposed on the City by law.
The role of the Council is legislative in character, which includes the power to set policy,
approve contracts and agreements, and undertake other obligations consistent with this Charter
and the City's municipal code, while deferring to the discretion of management and staff to
choose the appropriate means to achieve the Council's goals.
Section 301. Composition,Eligibility, and Terms
(a) Composition. Commencing with the general municipal election of November 2018, the
Council shall be composed of the Mayor and six (6) Council members. "The term
"Council," "legislative body," or other similar terms as used in this Charter or any other
provisions of law shall be deemed to refer to the collective body composed of the Mayor and
Council members, unless such other provision of this Charter or other provisions of law
15
Proposed San Bernardino Charter Page 3
expressly provides to the contrary. The term "Council member" shall be deemed to mean
only those members of the Council other than the Mayor.
Each Council member shall be elected by ward by the voters in that ward. Those elected
shall have been qualified electors and residents of their respective wards for a period of at
least thirty (30) consecutive days immediately preceding the date of filing their nomination
papers for the office.
The voters of the City shall elect a Mayor at large.
(b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council
member or Mayor.
(c) Terms. The term of office for the Mayor and Council members shall be four years, elected in
accordance with Article VIII, Elections.
Section 302. Duties of the Council
The Council shall ensure fundamental municipal services are provided to protect and promote
the public health, safety, and welfare. The Council shall operate as a single governing body.
The Council will develop and implement a 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 this charter and the City Code.
The 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.
Section 303. Powers and Duties of the Mayor
The Mayor shall:
(a) Be a voting member of the Council;
(b) Attend and preside at meetings of the Council, and participate fully in all discussions;
(c) Appoint the members and officers of Council committees, and perform other duties as
specified by the Council
(d) Be recognized as the head of the City government for all ceremonial purposes and by the
governor for purposes of military law;
(e) Be the chief spokesperson for the City;
(f) Represent the City in intergovernmental relations and establish and maintain
partnerships and regional leadership roles to advance the City's interest unless
delegated to other members of the Council; and
(g) Seek to build consensus with the Council members to create and implement a shared
vision and plan of implementation to maintain the City's fiscal integrity.
16
Proposed San Bernardino Charter Page 4
The Mayor shall have no administrative, appointment or removal powers except as otherwise
provided in this Charter. The Mayor will not interfere with the discretion of the City Manager
in the exercise of their powers or the performance of their duties.
The Office of Mayor shall be a full time position and the incumbent shall not engage in any
business, professional or occupational activities which interfere with the discharge of duties of
such office.
Section 304. Compensation; Expenses
Compensation for the Council shall be established by ordinance following a public hearing,
giving due consideration to the recommendations of an advisory commission charged with the
periodic review of compensation for City elected officials. Compensation for the Mayor shall be
commensurate with that for a full time position.
No ordinance increasing such salary shall become effective until the date of commencement of
the terms of Council members elected at the next regular election. The Mayor and Council
members shall receive reimbursement for actual and necessary expenses incurred in the
performance of their duties of office.
Section 305. Prohibitions
(a) Holding Other Office. Note: Language being refined for consideration on January 26.
(b) Appointments and Removals. Neither the Council nor any of its members shall in any
manner control or demand the appointment or removal of any city administrative officer or
employee whom the City Manager or any subordinate of the City Manager is empowered to
appoint, but the Council may express its views and fully and freely discuss with the City
Manager anything pertaining to the appointment and removal of such officers and
employees.
(c) Interference with Administration. Note: Language being refined for consideration on January
26
17
Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford, Partner
Subject: Proposed Modification to Article IV, Section 400 of Charter Draft#1
Date: January 26, 2016
On December 29, 2015, Management Partners provided an initial draft charter to the Charter
Committee to facilitate its discussions about specific language. Subsequently, it was discovered
that item 4.1 from the Charter Skeleton had been inadvertently omitted from Article IV, Section
400 regarding the City Manager. The following is a proposed modification.
Section 400. City Manager Appointment,Qualifications and Compensation
The City Council by a majority vote of its total membership shall appoint a city manager and fix
the manager's compensation. The City Manager shall be appointed solely on the basis of
education and experience in the accepted competencies and practices of local government
management.The Council shall establish and communicate clear expectations for the City
Manager and shall conduct an annual evaluation of the City Manager's performance. [Skeleton
4.1] [The current City Charter specifies minimum qualifications for the City Manager. They
include being at least 30 years of age,being a resident of the City (which has been determined to
be unconstitutional in the State of California), a master's degree or higher in public
administration, business administration or a related field, and at least three years' of service as a
city manager, county manager or assistant city manager. These requirements would be more
appropriate in the municipal code.]
18
Table of Contents
PREAMBLE.................................................................................................................................................1
ARTICLE 1: NAME,BOUNDARIES,POWERS,RIGHTS AND SUCCESSION..............................1
Section 100. Name and Boundaries....................................................................................................1
Section101.Powers of the City............................................................................................................1
Section102. Construction.....................................................................................................................1
Section 103. Rights and Succession.....................................................................................................2
Section 104. Intergovernmental Relations.........................................................................................2
ARTICLE 11:FORM OF GOVERNMENT...............................................................................................2
Section 200. Form of Government......................................................................................................2
ARTICLEIII:CITY COUNCIL.................................................................................................................3
1
Section 300. General Powers and Duties...........................................................................................3
Section 301. Composition,Eligibility,and Terms.............................................................................3
Section 302. Duties of the City Council..............................................................................................3
Section 303.Powers and Duties of the Mayor....................................................................................4
Section 304. Compensation;Expenses................................................................................................4
Section305. Prohibitions......................................................................................................................5
Section 306. Vacancies;Forfeiture of Office;Filling of Vacancies..................................................5
1
Section 307. Judge of Qualifications...................................................................................................6
Section 308. Council Organization,Meetings and Rules of Order.................................................6
Section 309. Ordinances and Resolutions..........................................................................................7
Section 310. Adoption of Technical Codes by Reference.................................................................8
ARTICLEIV: CITY MANAGER.............................................................................................................8
Section 400. City Manager Appointment,Qualifications and Compensation.............................8
Section401. Powers and Duties..........................................................................................................9
ARTICLE V:DEPARTMENTS,OFFICERS AND EMPLOYEES.......................................................10
Section 501. General Provisions........................................................................................................10
Section 502. Direction by City Manager...........................................................................................10
Section 503. Continuation of Departments......................................................................................11
19
Proposed San Bernardino Charter Page 2
Section504. City Attorney.................................................................................................................11
Section505. City Clerk........................................................................................................................11
Section 506. Departmental Administrators;Appointive Powers.................................................11
Section507. Water and Sewer...........................................................................................................11
Section 508. Parks and Recreation....................................................................................................12
Section 509. Personnel System...........................................................................................................12
Section510. Official Bonds.................................................................................................................12
ARTICLE VI: COMMISSIONS AND COMMITTEES........................................................................13
Section 600. General Provisions........................................................................................................13
Section 601. Appointment,Removal,Terms of Office and Procedural Rules............................13
Section602. Library.............................................................................................................................13
Section 603. Water,Wastewater and Sewer....................................................................................13
ARTICLE VII: FINANCIAL MANAGEMENT...................................................................................14
Section700. Fiscal Year.......................................................................................................................14
Section 701. Submission of Budget and Budget Message..............................................................14
Section 702. Budget and Capital Improvement Program..............................................................14
Section 703.City Council Action on the Budget and Capital Improvement Plan......................15
Section 704. General Tax Limits and Tax Procedure......................................................................15
Section 705. Demands Against the City...........................................................................................16
Section706.Independent Audit.........................................................................................................16
ArticleVIII: Elections..............................................................................................................................16
Section800. City Elections.................................................................................................................16
Section801. City Council;Terms......................................................................................................17
Section802. Wards..............................................................................................................................17
Section 803. Transition from Seven to Six Wards...........................................................................17
Section 804.Districting Commission.................................................................................................17
Section 805. Initiative,Citizen Referendum,and Recall................................................................17
ARTICLE IX:CHARTER AMENDMENT............................................................................................17
tARTICLE X: TRANSITION AND SEVERABILITY............................................................................18
20
PROPOSED CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
(Note: Elements from the approved Charter Skeleton are underlined. Other elements are from the
National Civic League Model Charter unless otherwise noted or referenced.Comments or questions for
the Charter Committee are highlighted within[brackets].)Numbering of sections(e.g.,Articles I,II,and
III beginning with section numbers 100,200,300,respectively,)is consistent with the common pattern
for peer municipal charters.)
PREAMBLE
We,the people of the City of San Bernardino, nde lac -'Slit do and laws Of fl4,State of
Califeniia,in order to secure the benefits of local self-government and to provide for an honest
and accountable council-manager government,and t Formatted:Highlight
--
e the " lie health,`t rp}' and ""t f do hereb adopt this [Cl]:Move to section 300 or 301
I _
y p �{comment
charter and confer upon the City the following powers,subject to the following restrictions,and
prescribed by the following procedures and governmental structure. By this action,we secure
the benefits of home rule and affirm the values of representative democracy,professional
management,strongpolitical leadership,citizen participation,diversity and inclusiveness,and - Formatted:Highlight
regional cooperation. - Comment[C2]:Motion to approve as
modified
ARTICLE I: NAME,BOUNDARIES,POWERS,RIGHTS AND SUCCESSION
Section 100. Name and Boundaries
The City of San Bernardino,hereinafter termed the City,shall continue to be a municipal
corporation under its present name of"City of San Bernardino." The boundaries of the City
shall be as now established until changed in the manner authorized by law.
Section 101.Powers of the City
The City shall have all powers possible for a city to have under the constitution and laws of the
State of California as fully and completely as though they were specifically enumerated in this
Charter.
Section 102. ConsEf-HetiaxInterpretation of Power -- Comment[C3]:Motion approved to change
title
21
Proposed San Bernardino Charter Page 2
The powers of the City under this Charter shall be construed liberally in favor of the City,and
the specific mention of particular powers in the charter shall not be construed as limiting in any
way the general power granted in this article.
Section 103. Rights and Succession Comment[C4]:Motion approved to keep as
is
The City shall continue to own,possess and control all rights and property of every kind and
nature,owned,possessed or controlled by it at the time this Charter takes effect and shall be
subject to all its debts,obligations and liabilities.
All ordinances,codes,resolutions,rules,regulations,and portions thereof,in force at the time
this Charter takes effect,and not in conflict or inconsistent with this Charter,shall continue in
force until they shall have been duly repealed,amended,Changed,or superseded by proper
authority as provided by this Charter.
Subject to the provisions of this Charter,the present officers and employees of the City shall
continue to perform the duties of their respective offices and employments under the same
conditions as those of the existing offices and positions until the election or appointment and
qualification of their successors,subject to such removal and control as provided in this Charter.
No action or proceeding,civil or criminal,pending at the time when this Charter takes effect,
brought by or against the City or any officer,office,department or agency thereof,shall be
affected or abated by the adoption of this Charter or anything herein contained.
[This section expands from that provided in the Model Charter,to provide clarity that the City's
boundaries,ordinances and codes,officers and employees,etc.,stay the same with the adoption
of the Charter,and that adoption of the Charter will not affect any pending actions/proceedings.
The Model Charter includes an article pertaining to transitions at the end,but it makes sense to
include provisions that will not automatically transition nearer to the beginning. Language for
the last three paragraphs were taken from the Irvine City Charter.]
Section 104. Intergovernmental Relations Comment[CS]:Motion to approve 104 as
written
The City may participate by contract or otherwise with any governmental entity of this state or
any other state or states in the United States in the performance of any activity,which one or
more of such entities has the authority to undertake.
Comment[C6]:Motion to approve Article II
ARTICLE II: FORM OF GOVERNMENT as presented
Section 200. Form of Government
The municipal government established by this Charter is the council-manager form of
government.
I
22
Proposed San Bernardino Charter Page 3
ARTICLE III: CITY COUNCIL
[The term"Common Council"is'some N at Unique to ari Bernardino:"Ae more common
governing body reference is"City Council,"particularly in council-manager governments. City
Council has been used throughout this document.
Section 300. General Powers and Duties
All powers of the city shall be vested in the City Council ounci"' except as otherwise Comment[C7]:Convert City Council to
provided by law or this Charter,and the City Council shall provide for the exercise thereof and Council elsewhere in the document
for the performance of all duties and obligations imposed on the City by law.
The role of the City Council is legislative in character,which includes the power to set polio
approve contracts and agreements,and undertake other obligations consistent with this Charter
and the City's municipal code,while deferring to the discretion of management and staff to
choose the appropriate means to achieve the City Council's goals
Section 301. Composition,Eligibility,and Terms
(a) Composition. Commencing with the general municipal election of November 2018,the City
Council shall be composed of the Mayor and six(6)Council members. "The term"City
Council,""legislative body,"or other similar terms as used in this Charter or any other
provisions of law shall be deemed to refer to the collective body composed of the Mayor and
City Council members,unless such other provision of this Charter or other provisions of
law expressly provides to the contrary. The term"Council member"shall be deemed to
mean only those members of the Council other than the Mayoi Comment[C8]:Moved to approve as
modified
Each Council member shall be elected by ward by the voters in that ward. Those elected
shall have been qualified electors and residents of their respective wards fora period of at Comment[C91:Gary will review for better
least thirty(30)consecutive days immediately preceding the date of filing their nomination language
papers for the office.[Retains 30-day residency requirement in current k-narte1 ] _ Comment[C10]:Moved to approve as
presented
,tThe voters of
the City shall elect a Mayor at lard .[This allows current Mayor %[written Comment[C11]:Move to approve as re-
to complete all of his current term,plus one additional year,as set forth in the later Article
on Elections.]
who shall aEt as mayof dur-ing the absenEe or-disability of the Mayer and,if a vacaney
Comment[C12]:Move to Section 801.
(b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council
member or Mayor.
(c) Terms. The term of office for the Mayor and Ci Council members shall be four years, _
elected in accordance with Article II f Electiortts� Comment[C13]:Motion to approve(b)and
(
Section 302. Duties of the City Council c)with the correction to Article VIII
23
Proposed San Bernardino Charter Page 4
[This section is not in the Model Charter,but contains important elements from the Charter
Skeleton. ]
The Council shall ensure fundamental municipal services are provided to protect and promote
the public health,safety,and welfare. The Qt�-Council shall stAve-to operate as a single
governing body. ! it The Council will develop and implement a 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 this charter and the City Code.
City 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 Comment[C14]:Motion to approve this
section as modified.
Section 303.Powers and Duties of the Mayor
The Mayor shall:
(a) Be a voting member of the City Council;
(b) Attend and preside at meetings of the Council and participate fully in all discussions;
(c) Appoint the members and officers of Council committees,and perform other duties as
specified by the City Council
(d) Be recognized as the head of the City government for all ceremonial purposes and by the
governor for purposes of military law;
(e) Be the chief spokesperson for the City;
(f) Represent the City in intergovernmental relations and establish and maintain
partnerships and regional leadership roles to advance the City's interest unless
delegated to other members of the Council;and
(g) Seek to bguild consensus with the Council members to create and implement a
shared vision and plan of implementation to fe4ef-e-and-maintain the City's fiscal
integrity.lIf the Charter Committee concurs with the definition of"City Council"as
including the Mayor,this last sentence could be moved under Section 302 above] Comment[C15]:Moved to approve as
modified.
�•�zThe Mayor shall have no administrative appointment or removal powers except as
otherwise provided in this Charter.[Currently this is limited to appointing City Council
members to City Committees,as stated in Section 303(c)above.]The Mayor will not interfere
with the discretion of the City Manager in the exercise of their powers or the performance of
their 6ties. Comment[C16]:Moved to approve as
modified.
The Office of Mayor shall be a full time position and the incumbent
shall not engage in any business professional or occupational activities which interfere with the
discharge of duties of such 6ff_ic� Comment[C17]:Motion to approve as
modified. (Incorporating current Charter
Section 304. Compensation;Expenses section 24,first sentence,into this section).
24
Proposed San Bernardino Charter Page 5
Compensation for the City Council shall be established by ordinance following a public hearing,
giving due consideration to-k4ased--ey the recommendations of an advisory commission
charged with the periodic review of compensation for City elected officials Compensation for
the Mayor shall be commensurate with that for a full time positiolilie e-than that-c,._r-^..�
ffwfliber-s.
No ordinance increasing such salary shall become effective until the date of commencement of
the terms of Council members elected at the next regular election The Mayor and Council
members shall receive reimbursement for their-actual and necessary expenses incurred in the
performance of their duties of bffice�. comment[cis]:Motion to approve as
Section 305. Prohibitions modified.
(a) Holding Other ffice I *
r � , _ Comment[C19]:Add language prohibiting
shall hold any other-eleeted pt*blie effiee diiring the term far-whieh they wer-e eleeted. No lobbying for some period of time? Mention
conflict of interest here,referencing the
Mayor or Council member shall hold any other City office or City employment during the municipal code. Defer to re-write.
term for which they were elected. No former Mayor or Council member shall hold any
compensated appointive office or employment with the City until one year after the
expiration of the term for which they were elected. Nothing in this section shall be
construed to prohibit the Mayor or City Council from selecting any current or former
Council member or Mayor to represent the City on the governing board of any regional or
intergovernmental agency.
(b) Appointments and Removals. Neither the City Council nor any of its members shall in any
manner control or demand the appointment or removal of any city administrative officer or
employee whom the City Manager or any subordinate of the City Manager is empowered to
appoint,but the City Council may express its views and fully and freely discuss with the
City Manager anything pertaining to the appointment and removal of such officers and
employees.[This pertains to Charter Skeleton 4.3.] comment[c20]:Moved to accept as
presented.
(c) Interference with Administration. Tthe Mayor and
Council members shall deal with city officers and employees who are subject to the
direction and supervision of the City Manager solely through the City Manager,except for
the purpose of inquiries.a�Nneither the Mayor nor Council members shall direct the
work of staff or give orders to any such officer or employee,either publicly or
privately,other than those in their own department. [This pertains to Charter Skeleton 4.4.]) comment[c21]:Defer and re-write.
Section 306. Vacancies;Forfeiture of Office;Filling of Vacancies
(a) Vacancies.The office of the Mayor or a Council member shall become vacant upon the
member's death,resignation,or removal of office or forfeiture of office in any manner
authorized by law. [Add declaration of long-term mental incapacitation?Current charter
references being"adjudged insane."]
(b) Forfeiture of Office. The Mayor or a Council member shall forfeit their office if they:
(1) Fail to meet the residency requirements,
25
Proposed San Bernardino Charter Page 6
(2) Violate any express prohibition of this charter,
(3) Are convicted of a crime or any major offence involving a violation of their duties;
[Model Charter states"convicted of a crime of moral turpitude,"but it may be better
for conviction of any crime to be cause for removal. Also what is deemed to
constitute"moral turpitude" tends to change over time.]
(4) Fail to attend three consecutive regular meetings of the Council without being
excused by the Council. [Current charter does not currently provide for this,but its
a good practice.]
(c) Filling of Vacancies. A vacancy on the City Council,from whatever cause arising,shall be
filled for the unexpired term through the election of a successor Council member by the
qualified electors of the ward in which the vacancy has occurred. Such Council member
shall have been a qualified elector and resident of the ward for at least thirty(30)
consecutive days immediately preceding the date of filing of nomination papers for the
office.
Section 307. Judge of Qualifications
The City Council shall be the judge of the election and qualifications of its members,and the
grounds for forfeiture of their office. In order to exercise these powers,the Council shall have
power to subpoena witnesses,administer oaths and require the protection of evidence. A
Council member or Mayor charged with conduct constituting grounds for forfeiture of officer
shall be entitled to a public hearing on demand,and notice of such hearing shall be published in
one or more newspapers of general circulation in the City at least one week in advance of the
hearing.
[Unlike the Model Charter,the City of Irvine Charter refers declaration of a vacancy resulting
from forfeiture of office to the courts:
A declaration by the Council of a vacancy resulting from forfeiture of office shall be
subject to judicial review,provided that within two weeks after such declaration an
appropriate action,or proceeding for review is filed in a court having jurisdiction of the
action or proceeding. During the pendency of any such action or proceeding,anyone
appointed by the Council or elected by the people to fill such vacancy shall have all the
rights,duties,and powers of a Council member and shall continue in such office as
provided herein unless and until said court rules the declaration of the Council invalid
and such ruling has become final."
Under this alternative,any public hearing would consequently be held by the courts,removing
the matter from the Council and to some extent,protecting the Council from perceptions that
the declaration was motivated solely for political reasons. Please advise if the Committee
prefers the Irvine language.]
Section 308. Council Organization,Meetings and Rules of Order
I
26
Proposed San Bernardino Charter Page 7
Officers of the Council(other than the elected Mayor),the time,place and the method of calling
meetings,the rules of order for the conduct of proceedings by the City Council and the order of
succession in the event of a vacancy in the office of Mayor shall be as established by ordinance
of the City Council. [This mirrors language from the Irvine City Charter. The California Ralph
M.Brown Act supersedes the additional language found in the Model Charter regarding
meeting procedures.]
Section 309. Ordinances and Resolutions
(a) Adoption and Enactment. Except for emergency or urgency ordinances,no ordinance shall
be adopted by the City Council on the day of its introduction,nor within five days
thereafter,except at a regular or adjourned regular meeting. All ordinances shall be read by
title only either at the time of introduction or at the time of adoption unless four members of
the City Council request that the ordinance be read in full. In the event that any ordinance
is altered after its introduction,it shall not be finally adopted except at a regular or
adjourned meeting held not less than five(5)days after the date of such alteration.
Correction of a typographical or clerical error shall not constitute an alteration within the
meaning of the foregoing sentence. Ordinances and codes may be adopted by reference in
accordance with general law.[This is substantially the same as current charter language.]
The enacting clause of all ordinances shall be: "The City Council of the City of San
Bernardino does ordain as follows:...." [The current Charter states the enacting clause as
"The Mayor and Common Council of the City of San Bernardino do ordain as follows:..."]
Unless otherwise required by this Charter,the affirmative votes of at least four members of
the City Council shall be required for the enactment of any ordinance,resolution or order
for the payment of money.[Four aye votes constitutes a majority with 7 voting members.
No Mayor veto or Council override authority pursuant to Charter skeleton.]
All ordinances and resolutions of the City Council shall be signed by the Mayor and attested
by the City Clerk.[This is a procedural element that could be omitted from the Charter and
included in the Municipal Code.]
(b) Emergency Ordinances. Any ordinance declared by the City Council to be necessary as an
emergency measure for preserving the public peace,health,or safety and containing a
statement of the reasons for its urgency,may be introduced and adopted at one and the
same meeting if it is passed by at least five(5)affirmative votes.
(c) Ordinances,when Effective. An ordinance shall become effective after the thirtieth day
following its adoption,or at any later date specified therein,except the following,which
shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election.
(2) An emergency ordinance adopted in the manner provided for in this Article.
27
Proposed San Bernardino Charter Page 8
(d) Publication of Ordinances. As used in this section,the term"publish"means to print in
the contemporary means of information sharing,which includes,but is not limited to,one
or more newspapers of general circulation in the city and,if available,in a web site.
Within 15 days after its passage,the City Clerk shall cause each ordinance to be posted in at
least three public places in the City in lieu of publication,unless publication is requested by
a majority of the City Council or otherwise required by law. The publication of the
ordinance may be satisfied by the publication of a summary of the ordinance,with the title,
number and names of those City Council members voting for and against it. The
publication shall include a statement that the full text of the ordinance is available for
inspection in the office of the City Clerk. After the passage of each ordinance,and at all
times thereafter,the City Clerk shall maintain on file and open to public inspection a
certified copy of the full text of the ordinance.
[San Bernardino's procedure for posting/publication of ordinances follows general law. The
above streamlines the language and is based on an even shorter section taken from the Irvine
City Charter. It is intended to address issues with increased costs associated with newspaper
publishing and the advent of information made public through the internet.]
Section 310. Adoption of Technical Codes by Reference
Detailed regulations pertaining to any subject,when arranged as a comprehensive code,may be
adopted by reference by the passage of an ordinance for such purpose. Such code need not be
posted or published in the manner required for the enactment of ordinances. Any or all
ordinances of the City may be compiled,consolidated,revised,indexed,including such
restatement and substantive change as is necessary in the interest of clarity,and arranged as a
comprehensive ordinance code. Such ordinance code may be adopted by reference as provided
herein. Copies of any adopted code of regulations shall be made available for purchase at a
reasonable price. [This section allows technical ordinances,such as the City's zoning codes or
uniform building codes,to be handled differently than typical ordinances.]
ARTICLE IV: CITY MANAGER
Section 400. City Manager Appointment,Qualifications and Compensation
The City Council by a majority vote of its total membership shall appoint a city manager and fix
the manager's compensation. The City Manager shall be appointed solely on the basis of
education and experience in the accepted competencies and practices of local government
management. [The current City Charter specifies minimum qualifications for the City Manager.
They include being at least 30 years of age,being a resident of the City(which has been
determined to be unconstitutional in the State of California),a master's degree or higher in
public administration,business administration or a related field,and at least three years'of
28
Proposed San Bernardino Charter Page 9
service as a city manager,county manager or assistant city manager. These requirements
would be more appropriate in the municipal code.]
Section 401. Powers and Duties
The City Manager shall be the chief executive officer of the City,responsible to the City Council
for the management of all city affairs placed in the manager's charge by or under this
Charter. 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.[Charter
Skeleton 5.11
The City Manager shall:
(a) Appoint and suspend or remove all City employees and appoint administrative officers
provided for by or under this Charter,except as otherwise provided by law,this
Charter,or personnel rules adopted pursuant to this Charter. The City Manager may
authorize any administrative officer subject to the manager's direction and supervision
to exercise these powers with respect to subordinates in that officer's department,office
or agency;
(b) Direct and supervise the administration of all departments,offices and agencies of the
City,except as otherwise provided by this Charter or by law;
(c) Attend all City Council meetings. The City Manager shall have the right to take part in
the discussion but shall not vote;
(d) Ensure the City Council is fully informed on all aspects of important emerging issues
and as part of that responsibility will fully brief the City Council at their meetings on
business matters before them.[Charter Skeleton 5.4]
(e) See that all laws,provisions of this Charter and acts of the City Council,subject to
enforcement by the City Manager or by officers subject to the manager's direction and
supervision,are faithfully executed;
(f) Prepare and submit the annual budget and capital program to the City Council and
implement the final budget approved by the City Council to achieve the goals of the
City;
(g) Submit to the City Council and make available to the public a complete report on the
finances and administrative activities of the City as of the end of each fiscal year;
(h) Make such other reports as the City Council may require regarding operations;
(i) Keep the City Council fully advised as to the financial condition and future needs of the
City;
(j) Make recommendations to the City Council concerning the affairs of the City and
facilitate the work of the City Council in developing policy;
(k) Provide staff support services for the Mayor and Councilmembers;
29
Proposed San Bernardino Charter Page 10
(1) Assist the City Council in developing long-term goals for the City and strategies to
implement these goals;
(m)Be accountable for the implementation of City Council goals and policy and the overall
performance of the City;[Charter skeleton 5.3]
(n) Encourage and provide staff support for regional and intergovernmental cooperation;
(o) Promote partnerships among City Council,staff,and citizens in developing public
policy and building a sense of community;
(p) 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;and[Charter Skeleton 5.2]
(q) Perform other such duties as are specified in this Charter or may be required by the City
Council.
[The above list of duties has a level of detail similar to what is commonly found in a
municipal code. For example,the Irvine City Charter simply states:"The appointment,
removal,powers and duties of the City Manager shall be as established by ordinance of the
City Council,"and more specific duties such as those described above are found in the
municipal code. However,it may be advisable to include the list in the Charter to make it
clear what the roles and responsibilities are,and how they differentiate from the roles and
responsibilities of the Mayor and City Council.]
ARTICLE V: DEPARTMENTS, OFFICERS AND EMPLOYEES
Section 501. General Provisions
The City Council may establish City departments offices or agencies in addition to those
created by this Charter,and may prescribe the functions of all departments offices and agencies
to meet the needs of the community in the most effective and efficient manner. [The Model
Charter contains an additional statement that"No function assigned by this charter to a
particular department,office or agency may be discontinued or,unless this charter specifically
so provides,assigned to any other." However,this statement is not recommended for inclusion
because(a)it could be interpreted to prohibit the City Council from reorganizing functions,
which is contrary to the intent of Charter skeleton language,and(b)it could prohibit the City
Council from discontinuing programs or services that are deemed to be unnecessary or
ineffective.]
Section 502. Direction by City Manager
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All departments,offices and agencies under the direction and supervision of the City Manager
shall be administered by an executive appointed by and subject to the direction and supervision
of the City Manager,except as otherwise provided in this Charter. [If the charter does not
specify any individual departments,this last phrase is unnecessary.]With the consent of the
City Council,the City Manager may serve as the executive of one or more such departments,
offices or agencies. The City Manager may appoint one person to serve as the executive of two
or more departments.
Section 503. Continuation of Departments
All departments,agencies,offices,and services in existence at the time this Charter is adopted
shall continue in the same manner as before the adoption of this Charter,unless and until
changed by ordinance.
Section 504. City Attorney
The City Council shall appoint a duly qualified officer of the city who shall have the title of City
Attorney. [Current charter requires City Attorney to be a resident duly licensed in California,to
have been engaged in the practice of law for at least 5 years prior to appointment.The residency
requirement is not necessary for an appointed city attorney. If there is a need to specify any
minimum qualifications,they would be more appropriate for the municipal code.)] The City
Attorney shall serve as chief legal advisor to the City Council the City Manager and all City
departments,offices and agencies;shall represent the Ci in all legal proceedings;and shall
perform any other duties prescribed by state law,this Charter or by ordinance
The City Attorney shall leave the formulation of policy and managerial matters exclusively to
those officials charged by the Charter with those duties.
Section 505. City Clerk
The City Council shall appoint a duly qualified officer of the City who shall have the title of
City Clerk. The City Clerk shall give notice of Council meetings to its members and the public,
keep the journal of its proceedings,and perform other such duties as are assigned by this
Charter,by the City Council,or by state law.[Current charter includes other duties,but these
would be better addressed in the City Code.]
Section 506. Departmental Administrators;Appointive Powers
Each departmental executive shall have the power to appoint,supervise,suspend,or remove
such assistants,deputies,subordinates and employees as are provided for by the City Council
for the department,subject to the approval of the City Manager and subject to the provisions of
the personnel rules and regulations adopted by the City Council.
Section 507. Water and Sewer
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The City shall have a department responsible for water,wastewater and sewer functions
reporting to the City Manager. [Reference to the oversight board and its duties as described in
the charter skeleton is found in the subsequent Article.]
Section 508. Parks and Recreation
The Cijy shall provide for parks and recreation services
[Sections 507 and 508 have been included pursuant to the Charter Skeleton approved by the
Committee. (Reference to the Library Board of Trustees is found in the subsequent Article on
Boards,Commissions and Committees.) However,including these references and the specific
details regarding water and sewer functions may cause some to question why other
departments,boards,or services are not also specified in the Charter. It would be more
consistent to drop references to libraries,parks and recreation and water and sewer in the
Charter. Section 503 strives to assure the voters that current conditions regarding departments,
boards and conditions will continue,at least for the foreseeable future,or until a transition plan
is developed and approved at a public meeting. In the meantime,I've added reference to the
water/sewer board of commissioners and their duties to the subsequent Article.]
Section 509. Personnel System
All appointments and promotions of city officers and employees shall be made solely on the
basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of
competence.
Consistent with all applicable federal and state laws the City Council shall provide by
ordinance for the establishment,regulation and maintenance of a merit system and governing
personnel rules and regulations necessary for the effective administration of the employees of
the City's departments,offices and agencies. Such personnel rules and regulations may include
but are not limited to classification and pay plans,examinations,force reduction,removals,
working conditions,provisional and exempt appointments,in-service training,grievances and
relationships with employee organizations.
The City Council may provide for the number,titles,and compensation of all officers and
employees.
[The current City Charter contains provisions prohibiting nepotism,giving preference in hiring
to veterans,and establishing procedures for granting military leaves. Such provisions should
be incorporated into the City's municipal code.]
Section 510. Official Bonds.
The City Council shall fix by ordinance or resolution the amounts and terms of the official
bonds of all officers or employees who are required by ordinance or resolution to give such
bonds. All bonds shall be executed by a responsible corporate surety,shall be approved as to
form by the City Attorney,and shall be filed with the City Clerk. Premiums on official bonds
shall be paid by the City.
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There shall be no personal liability upon,or any right to recover against,a superior officer,or
his or her bond,for any wrongful act or omission of his or her subordinate,unless such superior
officer was a part to,or conspired in,such wrongful act or omission.
[The Irvine City Charter includes provisions for bonds in the same article as other provisions for
departments,officers and employees.]
ARTICLE VI: COMMISSIONS AND COMMITTEES
[Some peer agency charters separate provisions for departments from provisions for
commissions and committees(which may also include City Council subcommittees). The
following provisions,unless noted as being from the Charter Skeleton,are based on those from
the Irvine City Charter.]
Section 600. General Provisions
The commissions and committees established prior to the adoption of this Charter shall
continue to exist and exercise the powers and perform the duties conferred upon them upon
adoption of this Charter. However,the City Council may alter the structure,membership,
powers and duties of commissions and committees;or may abolish or create commissions and
committees by ordinance. The City Council may grant powers and duties to commissions and
committees as long as they are not inconsistent with the provisions of this Charter.
Section 601. Appointment,Removal,Terms of Office and Procedural Rules
The appointment,removal,and terms of office of commissions,committees and members and
the rules and regulations pertaining to the conduct of commission or committee business shall
be as prescribed by ordinance or resolution of the City Council.
Section 602. Library
The City Council shall appoint a Library Board of Trustees with its specific powers and
authority established by ordinance.
Section 603. Water,Wastewater and Sewer
The City Council shall appoint a board of commissioners to oversee the City's
wastewater and sewer functions,with its specific powers and authority established by
ordinance. The board of commissioners shall recommend rates for water,waste water and
sewer services to the City Council
[As with the department sections,making reference to these specific commissions/boards,may
result in questions about why other existing commissions and committees(e.g.,Civil Service,
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Parks and Recreation)are also not referenced. Section 600 is intended to provide assurance
there will not be immediate changes. Consequently,it may be more consistent to delete sections
603 and 603.]
ARTICLE VII: FINANCIAL MANAGEMENT
Section 700. Fiscal Year
The fiscal year of the City shall begin on the first day of July of each year and end on the last
day of June of the following year. The City Council may change the fiscal year by ordinance.
Section 701. Submission of Budget and Budget Message
At least thirty(30)days prior to the beginning of each fiscal year,the City Manager shall
prepare and submit to the City Council the proposed budget and an accompanying message.
The City Manager's budget message shall explain the budget both in fiscal terms and in terms
of the work programs,linking those programs to organizational goals and community
priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year
and the impact of those policies on future years. It shall describe the important features of the
budget,indicate any major changes from the current year in financial policies,expenditures,
and revenues,together with the reasons for such changes. It shall summarize the City's debt
position,including factors affecting the ability to raise resources through debt issues,and
include other such material as the City Manager deems desirable.
[Shorter peer agency charters do not tend to prescribe that a budget message be included,or
what it should contain. However this Model Charter language is consistent with best practice.]
Section 702. Budget and Capital Improvement Program
The budget shall provide a complete financial plan of all City funds and activities for the
ensuing fiscal year and,except as required by law or this Charter,shall be in such form as the
City Manager deems desirable or the City Council may require for effective management and
understanding of the relationship between the budget and the City's strategic goals. In
addition,the City Manager shall prepare and submit a multi-year capital improvement plan
(CIP). The CIP shall be revised and extended each year with regard to capital improvements
still pending or in the process of construction or acquisition.
The City's budget and capital improvement plan should strive to achieve the best practice
standards set by the Government Finance Officers Association(GFOA)for distinguished budget
presentation.
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Proposed San Bernardino Charter Page 15
[The Model Charter includes specific budget document requirements that,while consistent with
best practices,are far more detailed than what is typically found in modern California charters.
Reference to the GFOA standards is suggested as an alternative because they are even more
detailed than the requirements found in the Model Charter. Most municipal budgeting
professionals recognize the GFOA Distinguished Budget Presentation Award as the standard
for budget transparency and presentation. It is also common practice for multi-year capital
improvement programs to be adopted concurrently with the annual budget].
Section 703.City Council Action on the Budget and Capital Improvement Plan
(a) Notice and Hearing. The City Council shall publish the general summary of the budget
and CIP and a notice stating(1)the times and places where copies of the budget,budget
message and CIP are available for inspection by the public,and(2)the time and place,
not less than two weeks after such publication,for a public hearing or public hearings on
the budget and CIP. As used in this Article,the term"publish"means to print in the
contemporary means of information sharing,which includes,but is not limited to one or
more newspapers of general circulation in the City,and on the City's web site.
(b) Amendment Before Adoption. After the public hearing(s)the City Council may adopt
the budget with or without amendment. In amending the budget,it may add or
increase programs or amounts and may delete or decrease any programs or amounts,
except expenditures required by law or for debt service or for an estimated cash deficit,
provided that no amendment to the budget shall increase the authorized expenditures to
an amount greater than total estimated income.
(c) Adoption. The budget and CIP shall be adopted by the City Council by ordinance
before the beginning of the fiscal year.
Section 704. General Tax Limits and Tax Procedure
The City Council shall not levy a property tax for general municipal purposes in excess of the
maximum rate applicable to the City on the effective date of this Charter;provided,however,
that a tax in excess of such rate may be levied if authorized for general law cities by the general
laws of the State or if authorized by the affirmative votes of a majority of the voters voting on a
proposition to increase such levy,pursuant to the requirements of State law.
The procedure for the assessment,levy,and collection of taxes may be prescribed by ordinance
of the City Council;and in the absence of such an ordinance,the applicable procedure shall be
that prescribed by the general laws of the State.
[The Model Charter contains provisions for the levying of property taxes,all of which have
superseded in California by Propositions 13 and 218.]
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Proposed San Bernardino Charter Page 16
Section 705. Demands Against the City
The provisions of the laws of the State of California relating to the processing of demands and
claims against the City,the establishment and operation of funds and the transfer of revenue
between funds which apply to general law cities shall be applicable to and given full force and
effect in the City. [This is the same as current Charter Section 135.1
Section 706.Independent Audit
The City Council shall provide for an independent audit of all City accounts and may provide
for more frequent audits as it deems necessary. An independent certified public account or firm
of such accountants shall make such audits,which should be performed in accordance with
General Accepted Auditing Standards(GAAS)and Generally Accepted Governmental Auditing
Standards(GAGAS). Using competitive bidding,the City Council shall designate such
accountant or firm annually,or for a period not to exceed five(5)years.
As soon as practicable after the end of the fiscal year,a final certified audit and report shall be
submitted by such accountant to the each member of the City Council,the City Manager,
Finance Director and City Attorney. Three additional copies shall be placed on file in the office
of the City Clerk where they shall be available for inspection by the general public,and
published on the City's web site.
[The Model Charter contains provisions for a City Council Audit Committee. Such provisions
could be included in the municipal code if desired. Components of Section 706 related to the
distribution of the audit were based on the Irvine City Charter.]
Article VIII: Elections
Section 800. City Elections
Beginning in November 2018,the regular City election shall be held at the time established
State law on the first Tuesdav in November,and every two years thereafter. City elections shall
follow the provisions and procedures of the State Elections Code as applicable to general law
cities. City Council members shall be sworn in and begin their term of service upon
certification of the election results.
[The effect of following consolidating City elections with general elections for state and federal
offices,and following the provisions of the Elections Code for general law cities is that there
will no longer be a need for runoff elections. Instead,the highest vote getter will be elected.
This will result in a shorter,less expensive election process,and should allow the City to swear
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Proposed San Bernardino Charter Page 17
in new Council members when the results are ready to be certified,typically in December of the
same year.]
To facilitate the transition of elections from odd to even numbered years,consistent with the
timing of elections for state and federal offices,the terms of the Mayor and each Council
member in office at the time of the adoption of this Charter shall be extended for one year.
Section 801. City Council;Terms
Commencing with the general municipal election of November 2020,the elective officers of the
City shall consist of a Mayor and six council members. The Mayor shall be elected at the
general municipal election in November 2018,and each fourth year thereafter. The Mayor shall
continue to be elected at large. [Additional language regarding the staggering of Council terms
and their transition to facilitate even-year elections and fewer wards to be drafted....]
Section 802. Wards
The number of wards shall be reduced from seven(7)to six(6)following a redistricting process.
The existing number of wards and their boundaries shall remain in effect until such time as the
redistricting process is completed,but no later than January 2018. No change in the number or
boundary or location of any ward shall abolish or terminate the term of office of any City
Council member in office at the time of the adoption of this Charter,prior to the expiration of
the term office for which the member was elected.
Section 803. Transition from Seven to Six Wards
[To be drafted]
Section 804.Districting Commission
[To be to be drafted]
Section 805. Initiative,Citizen Referendum,and Recall
Initiatives,citizen referendums and recalls shall follow the procedures of the State Elections
Code as applicable to general law cities.
ARTICLE IX: CHARTER AMENDMENT
[To be drafted]
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ARTICLE X: TRANSITION AND SEVERABILITY
[To be drafted]
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