HomeMy WebLinkAbout06.A- Progress Report for the Charter Review Committee DOC ID: 4312 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Report/Information
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 02/16/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): N/A
Subject:
Progress Report of the Charter Review Committee (#4312)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None
Motion: Receive and file.
Synopsis of Previous Council Action:
The Mayor and Common Council established the Volunteer Citizen-Based Charter
Committee ("Charter Committee") in March 2014. The Charter Committee was
originally asked to develop initial recommendations for amending the City's charter in
time for the November 2014 general election. The authorizing resolution contains no
ending date for the Charter Committee.
In May 2015, San Bernardino filed a Plan of Adjustment with the U.S. Bankruptcy Court
in an effort to emerge from bankruptcy. The Plan of Adjustment (or bankruptcy recovery
plan) identified the City's charter as a barrier to efficient, effective government because
it is overly complex, hard to understand, and contains elements that are inconsistent
with best practices for modern municipal government. Subsequently, the Charter
Committee has continued its work to develop recommendations for a new or
substantially revised charter that reflects the principles of good governance and meets
the needs of the community. The Charter Committee has been meeting approximately
twice per month since May 2015 with the goal to provide recommendations to the Mayor
and Common Council by April or May of this year.
The Charter Committee provided a progress report to the Mayor and Common Council
on September 21, 2015. The progress report included information on the need for
charter reform, the role of the Charter Committee, the Committee's approach to its work,
and several preliminary recommendations. The Committee also reviewed the timeline
for completing its work. This progress report contains an update on the Charter
Committee's actions since September.
Background
Public Education and Outreach Efforts
Beginning in July and continuing through September 15, 2015, the Charter Committee
sought public input through a survey made available online and in print. A total of 440
Updated: 2/11/2016 by Georgeann "Gigi" Hanna A Packef,Pg.309,
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complete responses to the survey were submitted. Although the survey gauged public
opinion, it was not a randomized sampling of voters, and did not contain any
background or educational information about charter issues and concerns. The
summary results are as follow.
• 92% of respondents indicated the charter should be revised (51%) or replaced
(42%). Only 8% indicated the charter should remain unchanged.
• 53% of respondents indicated support for San Bernardino remaining a charter
city.
• 46% indicated preference for a council-manager form of government where the
City Council sets policy and the policy is implemented by the City Manager as the
chief executive officer. However, approximately 30% reported they were unsure.
• A majority of respondents favored retaining the City Attorney, City Clerk and City
Treasurer as elected positions (62%, 58% and 57%, respectively).
• 79% of respondents favored having the Mayor directly elected by voters, instead
of being selected by the City Council.
• 65% of respondents indicated the Mayor should be responsible for
intergovernmental relationships and be recognized as the head of the City
government for ceremonial and other purposes, but that the City Manager should
be responsible for administrative functions of the City.
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• 74/o of respondents favored consolidating City elections with those for state and
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federal offices.
In November 2015 the Charter Committee held three public forums in three different
wards. The purpose of the public forums was to provide education about San
Bernardino's charter reform efforts and engage participants in sharing their opinions on
the preliminary recommendations presented to the Mayor and Common Council on
September 21, particularly those related to governance. A cumulative total of
approximately 85 participants attended the three forums, not counting Charter
Committee members, staff or School District personnel. Common themes aggregated
from input received during the three public forums include the following.
• The Mayor should be allowed to vote.
• The Mayor should continue to be elected at large.
• To avoid tie votes, changing the number of wards is preferable to adding a
Council member elected at large
• More participants favored reducing the number of wards over increasing them
• The City Attorney, City Clerk and City Treasurer should be appointed, not
elected.
• There was consensus that charter reform is necessary.
The Charter Committee has scheduled additional public forums to be held in the
remaining four wards on February 10 (Ward 3), February 22 (Ward 5), February 24
(Ward 2) and February 25 (Ward 7), and appreciates the collaboration with the San
Bernardino Unified School District in providing locations and staff support at these
events. The additional public forums will follow a similar format and seek input on the
same questions as those held in November.
Since July, members of the Charter Committee also have provided presentations to a
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variety of community groups, and are continuing to respond to requests for such
presentations.
Charter Development
On December 29, 2015 the Charter Committee completed its work on the charter
"skeleton." The charter skeleton is an outline of the key elements, ideas and principles
to be addressed in the City's charter, including an overall governance structure. The
Charter Committee discussed the advantages and disadvantages of becoming a
general law city, and determined that remaining a charter city is in the best interests of
the community. The Committee also discussed whether the charter should be
substantially modified or completely re-written. In order to recommend a charter that
reflects best practices consistent with modern municipal governance, the Charter
Committee has decided to propose a completely new charter instead of recommending
numerous amendments to the existing charter.
The Charter Committee continues to use a variety of resources in developing
recommendations for a new charter. These include:
• A Model Charter prepared by the National Civic League (NCL)
• Research on best practices for modern-era charters
• Charters of 17 other California charter cities with populations between 150,000
and 400,000 (peer agencies)
• San Bernardino's "Charter Reform Principles and Objectives," "Operating
Practices for Good Government," and strategic plan, as adopted by the Mayor
and Common Council
• Public input at forums and Charter Committee meetings
• Input from elected and appointed officials, department directors and board and
commission representatives.
• Research and guidance provided by the City attorney, City Clerk and a
professional consultant (Management Partners)
The attached table summarizes the substantive elements of the charter skeleton and
the Charter Committee's rationale for recommending them. Like the recommendations
reported by the Charter Committee in September, those presented in the table should
be considered preliminary recommendations at this time, and subject to change based
on additional input from the Common Council and public.
Conclusion
The Charter Committee's preliminary recommendations for the charter result in a
governance structure that looks fundamentally different than the existing governance
structure. The existing governance structure as documented in the City's bankruptcy
recovery plan is provided as Attachment A. The proposed governance structure,
presented as Attachment B, reflects the Charter Committee's preliminary
recommendations at this time. It shows an organizational structure with greater clarity in
roles, responsibilities and reporting relationships, with all Boards and Commissions
appointed by and accountable to the City Council, and all departments accountable to
the City Manager. This structure is consistent with best practices for council-manager
forms of government, as well as the provisions of modern-era charters.
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The Charter Committee appreciates any input the Mayor and Common Council can
provide on these preliminary recommendations, as well as the recommendation to
propose a completely new charter to the voters in November 2016.
Supporting Documents:
Table 1_CharterRecommendations and Rationale (PDF)
Attachment A_charterReport (PDF)
Attachment B_CharterReport (PDF)
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Table 1: Charter Committee Preliminary Recommendations and their Rationale
Preliminary Recommendation Rationale
Council-manager form of government • Most common form of city government in
• City Council shall be composed of the Mayor and California and in peer agencies
Council members 0 Helps the Mayor and Council function as one
• Mayor elected at large governing body o
• Council members elected by ward 0 Consistent with NCL Model Charter U
• Same four-year terms as current model • Consistent with Operating Practices for Good
• City Council powers limited to legislative and policy Government(OPGG)and Charter Reform Principles >
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making
• City Manager functions as chief executive officer, m
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responsible for daily operations c`a
Mayor • Consistent with NCL Model Charter U
• Has a full vote with the City Council • Consistent with OPGG a)
• Continues to be presiding officer at meetings,and • In 15 of 17 peer agencies, Mayor has full voting o
may fully participate in discussions rights
• Continues to be the City's key face and chief • Mayor voting rights, election at large,and full-time a
spokesperson status supported by majority of public forum a)
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• Continues to be essentially full time participants y
• Continues to represent the City in m
intergovernmental relations, establish and o
maintain partnerships and regional leadership ii
roles,although may delegate such roles to other N
members of the Council
• No longer has independent administrative,
appointment or removal powers
City Council(including the Mayor) • Consistent with NCL Model Charter o
• Shall ensure fundamental municipal services are 0 Consistent with best practices
provided to protect and promote public health, • Consistent with practices of most peer agencies
safety and welfare 0 Reducing number of wards to enable Mayor voting c
• Shall operate as a single governing body rights was preferred alternative of a majority of y
• Will appoint the city manager,city attorney and public forum participants p
city clerk
• Will establish clear expectations for city manager =
and conduct periodic performance evaluations to E
ensure accountability o
• Will develop and implement norms(or a Code of a0i
Conduct),including measures to hold each other
accountable a'
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• Will not interfere with the judgement and
discretion of management staff,such as the UI
appointment, removal and supervision of
subordinate staff m
• Shall perform duties and exercise powers to serve I R
best interests of entire City, rather than a particular
geographic area or special interest d
• May establish departments and assign
departmental functions to meet the needs of the a
community in the most effective and efficient Q
manner
• May establish advisory or independent boards or
Packet Pg. 313
6.A.a
Preliminary Recommendation
commissions
• Based on 6-ward system to eliminate possibility of
tie votes a
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City Manager • Consistent with council-manager form of _
• Will be sole authority for managing City operations government E
and appointing and directing City staff, unless Consistent with OPGG 0
otherwise specified by the charter 0 Consistent with best practices U
• Will make business and policy recommendations 0 Consistent with practices of peer agencies m
based on independent professional judgement and • Consistent with NCL Model Charter
best practices in the interests of the City
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• Shall strictly guard against interference with the
performance of his or her duties
• Will be accountable for implementing Council goals V
and policies and the overall performance of the City
• Will be responsible for ensuring the City Council is o
kept fully informed on important emerging issues,
and will fully brief the Council at Council meetings C-
on business matters before them. W
Compensation for Mayor and City Council • Most peer agencies do not specify a salary amount N
• Shall be set by Mayor and City Council following a for elected official compensation in the charter
public hearing itself. Instead,they either follow general law o
• Shall be based on recommendations of an advisory provisions or establish the amounts by ordinance a
commission charged with the periodic review of following a public hearing ci
compensation for City elected officials o Current Council compensation is significantly lower v
• Mayor's compensation shall be commensurate with than the peer agencies studied
that for a full-time position 9 Setting the Mayor's salary based on the salary of a a)
• Effective date of approved increases to be deferred superior court judge is an antiquated practice that 0
to commence with the terms of council members only one peer agency follows(Chula Vista)
elected in next regular election • Following compensation provisions for general law
cities would result in improved compensation for
Council members, but reduced compensation for 0
Mayor 0
• Some peer agencies appoint advisory commissions
to provide independent review compensation
• Deferring compensation increases reduces E
perception that such increases are self-serving E
0
City Treasurer will not be referenced in charter • 10 of 17 peer agency charters make no reference to U
• City's municipal code would either reference City Treasurer. Instead they assign treasury
Treasurer as an appointed position delegate functions to professional staff in the finance
treasury functions to professional staff in the department t
Finance Department 9 Only 3 peer agencies have elected treasurers VI
• Public forum participants support appointed
treasurer and/or delegation to professional staff
• Consistent with NCL Model Charter
• Current City Treasurer supports the position being c
appointed instead of elected E
Duly qualified City Clerk shall be appointed by City • 14 of 17 peer agencies have an appointed City Clerk
Council as a whole,not elected. • City Clerk is appointed by Mayor and Council in 14
C_ of 17 peer agencies Q
• Appointed City Clerk is consistent with NCL Model
Packet:Pg. 314
6.A.a .
Recommendation Preliminary . -
Charter,although Model Charter recommends
appointment by city manager
• Public forum participants support appointed city y
clerk °r
• Current City Clerk supports the position being
appointed instead of elected E
Duly qualified City Attorney shall be appointed by City • 16 of 17 peer agencies have an appointed city V
Council as a whole,not elected. attorney. d
• City Attorney shall function as chief legal officer to • Appointed City Attorney is consistent with NCL >
provide legal advice to Mayor,Council and City Model Charter,although Model Charter
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Manager recommends the appointment be made by city °'
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• City Attorney shall not be involved in formulation manager or by the city manager with confirmation
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of policy by the city council. U
• Appointment of the city attorney by the city council t
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as a whole is common practice in California -
• Most public forum participants support appointed L
city attorney 0-
• Current City Attorney supports the position being W
appointed instead of elected N
City Departments shall not be referenced in the • 9 of 17 peer agency charters give city council the
charter,unless there is a compelling reason to do so authority to establish departments,while 8 are o
• City Council shall ensure fundamental municipal silent on the issue a
services to protect and promote public health, . 11 of 17 peer agency charters make no reference to N
safety and welfare are provided. specific departments. Instead,specific information M
• City Council has the authority to create, modify or about departments is found in the municipal code
m
change departments as needed to ensure efficiency • Consistent with NLC Model Charter,which makes W
and effectiveness no reference to specific departments or functions o
• Consistent with council-manager form of
government
Charter shall provide for department responsible for 0 Most peer agencies make no reference to a water
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water,wastewater and sewer functions,with an department,board or commission in the charter. _
oversight Board of Commissioners However,the Charter Committee recognizes the o
• Board to be appointed by the City Council. importance of water,wastewater and sewer as an a
• Board shall recommend rates for water, essential City function.
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wastewater and sewer services to the Council. • 12 of 17 peer agencies have a city-operated water E
• The City Manager shall have responsibility and department. Of these 12 agencies,8 have a water o
supervision of the department board or commission. a0i
• 5 of 8 city-operated water boards have members
appointed by the City Council. The Mayor appoints
water board members in the remaining three peer
agencies VI
• Of the 8 peer agency water boards, none have the
independent authority to set rates or hire staff. In
fact,there is not a single public water/wastewater F-
utility in California that does not vest rate setting
authority in an elected body(other than San
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Bernardino) -�
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• None of the peer agency water boards or y
commissions has independent authority to retain or Q
remove department staff. The executive
responsible for water/wastewater operations is
Packet Pg. 315
6.A.a
Recommendation . -
Ago* Preliminary appointed by and reports to a city manager.
Charter shall provide for a Library Board of Trustees, 0 Of 11 peer agencies operating a city library,only 8
with its specific powers and authority to be have a Library Commission or Board of Trustees
determined by the City Council • However,the Charter Committee recognizes the
importance of libraries as a community asset.
• Of these 8 peer agencies, only two have the o
authority to hire or remove the Library director. U
• The Library Director reports to the City Manager in )
8 of the peer agencies,consistent with the council- 5:
manager form of government
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• Delegating authority to City Council to determine °rL'
advisory or independent authority of boards and
commissions is consistent with NCL Model Charter U
The City shall establish a personnel system • Most peer agencies make reference to a civil s
• Details of the system would be provided in either service or personnel system in the charter. In some o
the City's municipal code,or through adopted cases the reference merely authorizes the City o
policies and procedures and negotiated labor Council to establish such a system Q.
agreements 0 Most modern-era charters do not include specific
• Reference to the Civil Service Board and its duties personnel rules, policies or procedures. Instead, N
would be addressed in the municipal code these are found in the municipal code, negotiated
labor agreements and/or adopted personnel o
policies and procedures. (-
• Reference to a personnel or civil service board,as N
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well as its specific authorities is more commonly ce)
found in the municipal code. In most cases,the
board is appointed by the City Council as a whole. a)
The City shall continue to own,possess and control all . This ensures succession of the City's rights and 0
rights and property of every kind a nature,owned, controls assuming a new charter is adopted
possessed or controlled by it at the time the new
charter is approved,and shall be subject to all its
debts,obligations and liabilities W
Municipal elections shall be consolidated with the • Consolidated elections are less expensive due to 0
cycle for state and federal elections(i.e.,November of greater economies of scale
even-numbered years) 0 Public forum participants expressed support for a=i
changing the timing of elections as a strategy for E
increasing voter turnout o
• Consolidating municipal elections with federal and
state elections has had a positive impact on voter
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turnout in other cities
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