HomeMy WebLinkAbout02.A- Proposed Charter with Volunteer Citizen-Based Charter Committee DOC ID: 4416
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Information/Report
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 04/25/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Workshop to Review the Preliminary Proposed Charter with the Volunteer Citizen-
Based Charter Committee (#4416)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial Impact to presenting the report
Motion: Discuss and take possible action.
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 review all provisions of the charter, report its findings, and provide
initial recommendations in time for the November 2014 general election. The
Committee made its report and initial recommendations in May 2014. The authorizing
resolution contains no ending date for the Charter Committee.
The San Bernardino 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. The Charter Committee subsequently has continued its
work to complete its review of the entire Charter and 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 and provided progress reports to the
Mayor and Common Council on September 21, 2015 and February 29, 2016. Meeting
agendas and minutes of all Committee meetings also have been provided to the Council
as they have occurred.
The Charter Committee is tentatively planning to provide its final recommendations to
the Mayor and Common Council on May 16, 2016. These recommendations include
proposing a new charter reflecting best practices consistent with modern municipal
governance to the voters at the November 2016 election. The purpose of the April 25,
2016 workshop is to provide an opportunity for the Mayor and Common Council to
provide input on the salient provisions of the proposed charter before the Committee
finalizes its recommendations. The Committee is particularly interested in the Mayor
and Common Council's responses to the following questions.
What elements of the draft proposed charter are of concern?
Updated: 4/18/2016 by Linda Sutherland Packet Pg.3
2.A
4416
• What are some suggestions for addressing the concerns?
• Are there elements missing from the draft proposed charter that should be
added?
• Are there elements of the draft proposed charter that should be removed?
The latest draft of the proposed charter is provided as Attachment A.
Charter Development
The Charter Committee has used a variety of resources in developing
recommendations for a new proposed charter. These include a model charter prepared
by the National Civic League (NCL); research on best practices for modern-era
charters, practices found in the charters of 17 comparable California 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; and research and
guidance provided by the City Attorney, City Clerk and a professional consultant
(Management Partners).
The attached Table 1 summarizes the substantive elements of the draft proposed
charter and the Charter Committee's rationale for recommending them. Like the
recommendations reported by the Charter Committee in September and February,
those presented in the table below should be considered preliminary recommendations,
subject to change based on additional input from the Mayor, Common Council, and
public.
Supporting Documents:
Table1_KeyElementsAndRationale (PDF)
AttachmentA_ProposedCharter (PDF)
AttachmentB_CurrentGovernanceStructure (PDF)
AttachmentC_ProposedGovernanceStructure (PDF)
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Updated: 4/18/2016 by Linda Sutherland Packet Pg.4
Charter Committee Workshop Report,April 25,2016
Table 1• Key Elements of the Proposed Charter and their Rationale
Proposed
Form of Government Council-manager Most common form of city
• City Council and Mayor powers limited government in California and in
to legislative and policy making peer agencies
CC • City Manager functions as chief • Helps the Mayor and Council
executive officer, responsible for daily function as one governing body,
operations of the City although respective powers are
IJ slightly different U
• Consistent with NCL Model
0
Charter
• Consistent with Operating Q
Practices for Good Government
(OPGG)and Charter Reform (D
Principles _
E
City Council,Powers and City Council is composed of seven Council • Consistent with current charter U
Duties members(i.e.,excluding Mayor) • Consistent with Operating 3
• Elected by ward Practices for Good Government m
• Same four-year terms (OPGG)and Charter Reform
• Entitled to vote on all matters coming Principles L
before the City Council • Public input indicated lack of °D
• Shall perform duties and exercise consensus for changing the s
powers to serve best interests of number of Council members or U
entire City,rather than a particular wards
geographic area or special interest
• May override Mayor veto with a vote d
of 5 Council members
Mayor,Powers and Duties Mayor continues to be elected at large • Somewhat consistent with o
• Continues to be presiding officer at current charter
w.
meetings,and may fully participate in • Consistent with NCL Model
discussions Charter N
• May not vote except to break a tie, • Consistent with OPGG =
veto a matter or appoint or remove • Mayor voting rights,election at m
E
the City Manager,City Attorney,City large and full-time status m
LU
Clerk,or members of boards, supported by majority of public
commissions and committees;and forum participants. Yi
generally establishing their duties and However,giving the Mayor a
responsibilities vote created complexities for a,
• May veto any Council action approved dealing with tie votes that
by less than five Council members generated public concerns
• Continues to be the City's key face and d
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chief spokesperson t
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• Continues to be full time
• Continues to represent the City in Q
intergovernmental relations,establish
and maintain partnerships and
regional leadership roles,although
may delegate such roles to other
members of the Council
• No longer has independent
Packet Pg. 5
2.A.a
Charter Committee Workshop Report,April 25,2016
Proposed Charter Element Preliminary Recommendation Rationale
administrative,appointment or
removal powers
City Council and Mayor Together, City Council and Mayor: • Consistent with NCL Model
Collaboration • Shall ensure fundamental municipal Charter
services are provided to protect and • Consistent with best practices
promote public health,safety and • Consistent with practices of most _
welfare peer agencies
• Shall jointly appoint the city manager, • Allows both Mayor and Council
city attorney,city clerk,and members to vote on appointments(or o
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to boards,commissions and removals)of key officials o
w
committees t
• Shall establish clear expectations for a
city manager and conduct periodic
performance evaluations to ensure m
m
accountability
• Shall develop and implement norms E
(or a Code of Conduct),including 0
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measures to hold each other U
accountable d
• Shall not control or demand the ai
appointment or removal of any City
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employee whom the City Manager is
empowered to appoint
• Shall not interfere with the discretion U
of the City Manager in the exercise of
his or her powers or the performance
of his or her duties
m
• May establish advisory or
independent boards or commissions o
Compensation for Mayor . Shall be set by Mayor and City Council • Most peer agencies do not
and Council Members following a public hearing specify a salary amount for -a
• Shall be based on recommendations elected official compensation in Q
of an advisory commission charged the charter,but either follow
with the periodic review of general law provisions or m
compensation for City elected officials establish the amounts by
• Mayor's compensation shall be ordinance following a public W,
commensurate with that for a full- hearing m
Y
compensation is
• Current Council com
time position p
• Effective date of approved increases significantly lower than the peer
to be deferred to commence with the agencies studied
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terms of council members elected in • Setting the Mayor's salary based
next regular election on the salary of a superior court
judge is an antiquated practice s
• Some peer agencies appoint
advisory commissions to provide t
independent review of
compensation and justification
forincreases
• Deferring compensation
increases reduces perception
that such increases are self-
Packet Pg. 6
Charter Committee Workshop Report,April 25, 2016
Proposed
serving
City Manager,Powers and • Appointed(or removed) by majority • Consistent with council-manager
Duties vote of entire City Council and Mayor form of government
�� • Shall be sole authority for managing • Consistent with CPGG
City operations and appointing, • Consistent with best practices
directing and removing City staff, • Consistent with practices of peer _
unless otherwise specified by the agencies
charter • Consistent with NCL Model �
• Shall prepare and submit annual Charter �j
budget and capital improvement plan o
• Shall assist Mayor and Council in
developing long-term goals and m
strategies for City
• Shall be accountable for implementing
Council goals and policies and the
overall performance of the City E
E
• Shall ensure the Mayor and Council o
are informed on all aspects of U
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important issues,including City's D
financial condition and future needs
• Shall attend Council meetings and L
brief the Mayor and Council on the
business matters before them.
• Shall make business and policy
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recommendations based on C°
independent professional judgement
and best practices in the interests of
the City
City Attorney • Duly qualified City Attorney shall be • 16 of 17 peer agencies have an o
appointed by majority vote of entire appointed city attorney.
City Council and Mayor,not elected • Appointed City Attorney is =
• City Attorney shall function as chief consistent with NCL Model Q
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legal officer to provide legal advice to Charter,although Model Charter
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Mayor,Council and City Manager recommends the appointment aD
• City Attorney shall not be involved in be made by city manager or by E
formulation of policy the city manager with W,
confirmation by the city council. Y
• Appointment of the city attorney
by the city council as a whole is
common practice in California
• Most public forum participants
support appointed city attorney
• Current City Attorney supports
the position being appointed
instead of elected Q
City Clerk • Duly qualified City Clerk shall be 0 14 of 17 peer agencies have an
appointed by entire City Council and appointed City Clerk,appointed
Mayor, not elected by Mayor and Council
• Consistent with NCL Model
Charter,although Model Charter
recommends appointment by
Packet Pg.7'
Charter Committee Workshop Report, April 25, 2016
Proposed Charter Element Preliminary Recommendation Rationale
Ce city manager
• Public forum participants support
appointed city clerk
• Current City Clerk supports the
position being appointed instead
of elected _
City Treasurer • City Treasurer is not referenced in • 10 of 17 peer agency charters
charter make no reference to City
• City's municipal code will either Treasurer;treasury functions are O
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reference Treasurer as an appointed assigned to professional staff in O
position delegate treasury functions to the Finance Department V
professional staff in the Finance • Only 3 peer agencies have a
Department elected treasurers
• Public forum participants support
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appointed treasurer and/or
delegation to professional staff E
• Consistent with NCL Model o
Charter U
3
• Current City Treasurer supports 2D
the position being appointed
City Departments, • All departments,agencies,offices and • Consistent with best practices
Generally services in existence shall continue in • Mostly consistent with peer
cc
same manner as before, unless agency practices U
changed by ordinance. 0 Consistent with council-manager
• City Manager may establish form of government
departments and prescribe the • Consistent with NCL Model
functions of departments to meet the Charter
needs of the community in the most m
effective and efficient manner o
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• All departments except Library and
Water shall be administered by an -�Ca
executive appointed and directed by y
the City Manager
Parks and Recreation • City shall provide for parks and • Committee believes it is m
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recreation services important for the Charter to d
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Personnel System • The City shall provide for a personnel • Most peer agencies make Yi
system consistent with all applicable reference to a personnel system
Federal and State laws in the charter. In some cases the ,Q
• Core elements of a civil service system reference merely authorizes the
G�U� are described, however details to be City Council to establish such a
adopted by ordinance. system a)
• Appointments and promotions shall • Most modern-era charters do t
be made solely on the basis of merit not include specific personnel
and fitness demonstrated by rules, policies or procedures. Q
examination or evidence of Instead,these are found in the
competence. municipal code, negotiated labor
• Administration of employee matters agreements and/or adopted
delegated to a Human Resources or personnel policies and
Personnel Department procedures.
Boards,Commissions and • Those established prior to adoption of • Consistent with council-manager
Packet Pg. 8
2.A.b
Proposed San Bernardino Charter,Draft#5a Page 6
The City Manager shall:
(a) Appoint and suspend or remove all City employees and appoint administrative officers,
except as otherwise provided by law,this Charter, or established personnel rules. The
City Manager may authorize any administrative officer subject to the City 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 o
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City, except as otherwise provided by this Charter or by law; 0
(c) Attend all Council meetings. The City Manager shall have the right to take part in the o
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discussion but shall not vote; �
(d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, Q
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including the City's financial condition and future needs, and as part of that E
responsibility,brief the Mayor and Council at their meetings on the business matters o
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before them.
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(e) See that all laws, provisions of this Charter and acts of the Council, are faithfully
executed;
(f) Prepare and submit the annual budget and capital program to the Mayor and Council t
and implement the final budget approved by the Council to achieve the goals of the v
City;
v
(g) Submit:to the Mayor and 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 Mayor and Council may require regarding operations; v
(i) Make recommendations to the Mayor and Council concerning the affairs of the City and Q
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facilitate the work of the Council in developing policy; a
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(j) Provide staff support services for the Mayor and Council members; n i
(k) Assist the Mayor and Council in developing long-term goals for the City and strategies Q
to implement these goals;
(1) Be accountable for the implementation of Council goals and policies and the overall
performance of the City; a
(m)Encourage and provide staff support for regional and intergovernmental cooperation;
(n) Promote partnerships among the Mayor, Council, staff, and citizens in developing s
public policy and building a sense of community;
(o) Make business and policy recommendations based solely on his or her independent a
professional judgement and best practices in the interests of the City; and
(p) Perform other such duties as are specified in this Charter or may be requested by the
Council.
CPacket Pg.20
Proposed San Bernardino Charter,Draft#5a Page 7
ARTICLE V: DEPARTMENTS, OFFICERS AND EMPLOYEES
Section 501. General Provisions
The City Manager 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.
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Section 502. Direction by City Manager o
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All departments, offices and agencies shall be administered by an executive appointed by and °
subject to the direction and supervision of the City Manager, except as otherwise provided in 0
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this Charter.
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With the consent of the Council, the City Manager may serve as the executive of one or more
such departments, offices or agencies. o
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The City Manager may appoint one person to serve as the executive of two or more m
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departments.
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Section 503. Continuation of Departments
All departments, agencies, offices, and services in existence at the time this Charter is adopted v
shall continue in the same manner as before the adoption of this Charter,unless and until
changed by ordinance.
Section 504. City Attorney v
a
A duly qualified person shall be appointed as City Attorney by a majority vote of the entire o
Council and the Mayor. The City Attorney may be removed by the Council and Mayor in the o
same manner. The City Attorney shall serve as chief legal advisor to the Council,the City a.
Manager and all City departments, offices and agencies;shall represent the City in all legal a
proceedings;and shall perform any other duties prescribed by state law, this Charter or by
ordinance.
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Section 505. City Clerk a
A duly qualified person shall be appointed as City Clerk by a majority vote of the entire Council E
and the Mayor.The City Clerk may be removed by the Council and Mayor in the same manner.
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 a
Council, or by State law.
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 the department,
Packet Pg.21
Proposed San Bernardino Charter,Draft#5a Page 8
subject to the approval of the City Manager and subject to the provisions of the personnel rules
and regulations adopted by the Council.
Section 507. Parks and Recreation
The City shall provide for parks and recreation services.
Section 508. Personnel System
U
All appointments and promotions of City officers and employees shall be made solely on the 3
basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of °
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competence. The administration of employee matters shall be delegated to a Human Resources °
or Personnel Department. a
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Consistent with all applicable Federal and State laws,the Council shall provide for the
establishment, regulation and maintenance of a merit system and governing personnel rules w
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 U
not limited to classification and pay plans,examinations,force reduction, removals,working ?:
conditions,provisional and exempt appointments, in-service training, grievances and
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relationships with employee organizations.
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Section 509. Official Bonds.
The Council shall fix by resolution the amounts and terms of the official bonds of all officers or to
employees who are required by the Council to acquire such bonds.All bonds shall be executed T_
b a responsible corporate surety, shall be approved as to form b the City Attorney, and shall
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be filed with the City Clerk. Premiums on official bonds shall be paid by the City.
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 N
officer was a part to, or conspired in, such wrongful act or omission. c
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ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES
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Section 600. General Provisions L)
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Each board, commission and committee established prior to the adoption of this Charter shall Q
continue to exist,exercise the powers and perform the duties assigned to it upon adoption of
this Charter. However, the Council may alter the structure,membership,powers and duties of E
boards, commissions and committees by ordinance. The Council also may abolish or create 2
particular boards, commissions and committees by ordinance. The Council may grant powers a
and duties to boards, commissions and committees that are consistent with the provisions of
this Charter.
Section 601. Appointment,Removal,Terms of Office and Procedural Rules
Packet Pg.22
Charter Comrriittee Workshop Report,April 25,2016
Proposed
Committees,Generally the new Charter will continue to exist. form of government, best
• Appointment, removal,terms of office practices
and other rules pertaining to boards, • Authorizing the City Council to
bu commissions and committees determine advisory or
prescribed by majority vote of entire independent authority of boards
Council and Mayor and commissions is consistent
• Members of boards,commissions and with NCL Model Charter
committees must be residents unless =
exempted by ordinance or State law O
V
Library Board of Trustees • Appointed by entire Council and • Of 11 peer agencies operating a p
Mayor city library,only 8 have a Library
• No compensation Commission or Board of Trustees 0 CL
• Shall be responsible for providing However,the Charter Committee W
adequate library services recognizes the importance of Q
• Shall appoint and supervise the Library libraries as a community asset Z
! Director and the Library Board as E
+ Shall administer the allocated Library advocates for that asset o
budget,and make and enforce all Reflects input from Library Board V
rules and regulations applicable to of Trustees
library services (D
Board of Water • Appointed by majority vote of entire • Most peer agencies make no
Commissioners Council and Mayor reference to a water t
• Responsible for water,wastewater department, board or
treatment and collection(sewer),and commission in the charter. U
recycled water functions However,the Charter Committee
• Water Board shall continue to have recognizes the importance of
the independent authority to establish water,wastewater and sewer as
^i rates, hire the General Manager and an essential City function. R
other employees necessary to operate The Water Department is highly o
the water,wastewater and sewer effective and efficient,and there
lL systems,incur debt on behalf of these is concern that changing the a
systems authorities and independence of Q
• Other provisions of current Charter the Water Board and
are retained in the proposed draft Department may be harmful m
(with some language modernized) instead of helpful m
• Reflects input from the Water
Board of Commissioners a)
Y
Personnel Commission 0 Shall be appointed by the Mayor and Retains the independent hearing �I
(formerly Civil Service entire Council to serve without authority of the Civil Service
Commission) compensation Commission,while assigning all
• Sole responsibility is to hear appeals other functions to a Personnel or
of disciplinary action by City Human Resources Department aa)
employees,subject to the provisions • Reflects input from the Civil s
of adopted labor agreements Service Board
Financial Management • Retains current fiscal year(July—June) • Consistent with best practices for Q
• Requires City Manager to submit municipal financial management
proposed budget and message to • Consistent with NCL Model
Mayor and Council at least 30 days Charter
prior to start of each fiscal year 0 Independent audit requirements
• Specifies budget and capital consistent with State law and
improvement plan requirements and best practices
Packet Pg.9
2.A.a
Charter Comrriittee Workshop Report,April 25, 2016
-r Element Preliminary Recommendation Rationale
• ...
standards,as well as Council action
required
• Requires Council to provide for an
independent audit of all City accounts
at least annually
Elections 0 Municipal elections shall be Consolidated elections are less
consolidated with the cycle for state expensive due to greater
and federal elections(i.e., November economies of scale
of even-numbered years) • Majority of California cities hold U
• To facilitate this transition, proposes elections in November of even- o
to extend terms of Mayor and Council numbered years
�1 members in office at the time of • Public forum participants Q,
adoption for 1 year expressed support for changing
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• Mayor and Council members continue the timing of elections as a
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to be the elective officers strategy for increasing voter y_
• Retains seven wards turnout
• City elections shall follow provisions • Consolidating municipal elections o
and procedures of the State Elections with federal and state elections U
Code(as applicable to general law has had a positive impact on
cities),which calls for election by voter turnout in other cities
plurality vote,instead of a primary • Most California cities follow L
and runoff process State Elections code procedures
• Initiatives, referendums and recalls for municipal elections,
also shall follow procedures of State initiatives, referendums and �?
Elections code recalls
• Requires periodic adjustment of ward Most California cities elect
boundaries consistent with applicable officers by plurality vote,not a
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State and Federal laws primary/runoff process,
consistent with the State 0
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Elections Code
Charter Amendments . Shall follow procedures specified in • Consistent with current practice
State Elections Code as applicable to for Charter amendments Q
charter cities • Periodic review of governance U'
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• Council shall establish a process to documents is a best practice m
ensure the periodic review of the m
Charter to identify potential W,
amendments to enhance clarity, Y
efficiency and the principles of the
Council-manager form of government
Rights and Succession • The City shall continue to own, • Ensures succession of the City's 1°
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possess and control all rights and rights and controls assuming a :r
property of every kind a nature, new charter is adopted
owned, possessed or controlled by it E
at the time the new charter is
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approved,and shall be subject to all Q
its debts,obligations and liabilities
• All ordinances,codes, resolutions,
rules and regulations in place remain
in place as long as they are consistent
with the proposed charter
• All present officers and employees
Packet Pg.10
2.A.a
Charter Committee Workshop Report,April 25, 2016
Proposed Charter Element Preliminary Recommendation Rationale
shall continue to perform their duties
under the same conditions until the
election or appointment of their
successors
A Charter Committee's preliminary recommendations for the proposed charter result in a
governance structure that looks fundamentally different than the existing governance structure
(Attachment B). The proposed governance structure (Attachment C), reflects the provisions of o
the draft proposed charter. It shows an organizational structure with greater clarity in roles, U
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responsibilities and reporting relationships,with all Boards and Commissions appointed by and
accountable to the City Council, and all departments (except the Library and Water 00
departments), accountable to the City Manager. This structure is consistent with best practices W
for council-manager forms of government, as well as the provisions of modern-era charters.
The Charter Committee looks forward to receiving the Mayor and Common Council's input on E
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2.A.b
Charter Committee Workshop Report,April 25, 2016
Attachment A: Proposed Draft Charter 05a)
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Table of Contents I All "
PREAMBLE.................................................................................................................................................1
ARTICLE I: NAME, BOUNDARIES,POWERS, RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS...............................................................................................1
Section 100. Name and Boundaries....................................................................................................1
Section 101. Powers of the City...........................................................................................................1 0
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Section 102. Interpretation of Powers.................................................................................................1
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Section 103. Rights and Succession.....................................................................................................1 °�
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Section 104. Intergovernmental Relations.........................................................................................2
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ARTICLE II: FORM OF GOVERNMENT..............................................................................................2 E
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Section 200. Form of Government......................................................................................................2 v
3
ARTICLE III: CITY COUNCIL AND MAYOR.....................................................................................2
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Section 300. General Powers and Duties ...........................................................................................2
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Section 301. Composition, Eligibility, and Terms.............................................................................2
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�q Section 302. Powers and Duties of the Council.................................................................................3
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Section 303. Powers and Duties of the Mayor...................................................................................3 ...
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Section 304. Compensation; Expenses................................................................................................4
Section305. Prohibitions......................................................................................................................4 v
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Section 306. Vacancies;Filling of Vacancies......................................................................................5 0 0.
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Section 307. Judge of Qualifications...................................................................................................5 a�
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Section 308. Council Organization, Meetings and Rules of Order.................................................5
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Section309. Ordinances.......................................................................................................................5
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ARTICLE IV: CITY MANAGER.............................................................................................................5 Q
Section 400. City Manager Appointment,Qualifications and Compensation.............................5 d
E
Section 401. Powers and Duties..........................................................................................................5
ARTICLE V: DEPARTMENTS, OFFICERS AND EMPLOYEES........................................................7 a
Section 501. General Provisions..........................................................................................................7
Section 502. Direction by City Manager.............................................................................................7
Section 503. Continuation of Departments........................................................................................7
Packet Pg. 13'
2.A.b
Proposed San Bernardino Charter, Draft#5a
Section 504. City Attorney 7
Section505. City Clerk..........................................................................................................................7
Section 506. Departmental Administrators;Appointive Powers...................................................7
Section 507. Parks and Recreation......................................................................................................8
Section 508. Personnel System.............................................................................................................8 c
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Section509. Official Bonds...................................................................................................................8
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ARTICLE VI: ;BOARDS, COMMISSIONS AND COMMITTEES.......................................................8 0
Section 600. General Provisions..........................................................................................................8 0
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m
Section 601. Appointment,Removal,Terms of Office and Procedural Rules..............................8
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Section602. Library...............................................................................................................................9
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Section 603. Water, Wastewater and Sewer Collection ...................................................................9 0
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Section 604. Personnel Commission.................................................................................................10 d
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ARTICLE VII: FINANCIAL MANAGEMENT...................................................................................11
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Section700. Fiscal Year.......................................................................................................................11
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Section 701. Submission of Budget and Budget Message..............................................................11
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Section 702. Budget and Capital Improvement Program..............................................................11
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Section 703. Council Action on the Budget and Capital Improvement Plan..............................11
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Section704. Independent Audit........................................................................................................11 v
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Article VIII: ELECTIONS.......................................................................................................................12 0
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Section 800. City Elections.................................................................................................................12 a
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Section 801. Elective Officers;Terms................................................................................................12 C
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Section 802. Number of Wards..........................................................................................................12 E
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Section 804. Initiative, Citizen Referendum, and Recall................................................................12 Q
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ARTICLE IX: CHARTER AMENDMENTS.........................................................................................12 =
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Section 900. Charter Amendments..................................................................................................12 .c
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Section 901. Periodic Review of Charter..........................................................................................14 a
ARTICLE X: SEVERABILITY................................................................................................................14
Section1000. Severability...................................................................................................................14
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2.A.b i
PROPOSED CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
(Draft #5a)
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PREAMBLE o
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We,the people' of the City of San Bernardino, in order to secure the benefits of home rule and a
council-manager form of government,hereby adopt this Charter.
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ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, 0
INTERGOVERNMENTAL RELATIONS
Section 100. Name and Boundaries
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The City of Sari Bernardino,hereinafter termed the City, shall continue to be a municipal M
corporation under its present name of"City of San Bernardino." The boundaries of the City cam.)
shall be as now established until changed in the manner authorized by law. co
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Section 101. Powers of the City
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The City shall have all powers possible for a city to have under the constitution and laws of the M
State of California as fully and completely as though they were specifically enumerated in this v
Charter.
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Section 102. Interpretation of Powers o
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The powers of the City under this Charter shall be construed in favor of the City, and the Q�
specific mention of particular powers in the Charter shall not be interpreted as limiting in any
way the general power granted in this article.
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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 of its debts, obligations and liabilities.
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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.
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2,A.b
Proposed San Bernardino Charter,Draft#5a Page 2
0 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 v
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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 m
more of such entities has the authority to undertake.
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ARTICLE II: FORM OF GOVERNMENT o
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Section 200. Form of Government
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The municipal government established by this Charter is the council-manager form of
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government.
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ARTICLE III: CITY COUNCIL AND MAYOR
Section 300. General Powers and Duties
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All powers of the City shall be vested in the City Council("Council") and Mayor,except as s
otherwise provided by law or this Charter, and the Council and Mayor shall provide for theUa
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exercise thereof and for the performance of all duties and obligations imposed on the City by o
State and Federal laws. o
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The role of the Council is legislative in character,which includes the power to set policy, a�
approve contracts and agreements, and undertake other obligations consistent with this Charter a=i
and the City's Municipal Code,while deferring to the discretion of management to choose the s
appropriate means to achieve the Council's goals.
Section 301. Composition,Eligibility,and Terms
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(a) Composition. The Council shall be composed seven(7) Council members. The term s
"Council," "legislative body," or other similar terms as used in this Charter or any other w
provisions of law shall be deemed to refer to the collective body composed of the Council ¢
members.
(b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council
member or Mayor. Those elected shall have been qualified electors and residents of their
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Proposed San Bernardino Charter,Draft#5a Page 3
respective wards for a period of at least thirty (30) consecutive days immediately preceding
the date of tiling their nomination papers for the office.
(c) Terms. The term of office for the Mayor and Council members shall be four (4)years,
elected in accordance with Article VIII, Elections.
Section 302. Powers and Duties of the Council
The Council,in collaboration with the Mayor, shall ensure fundamental municipal services are
provided to protect and promote public health, safety, and welfare. The Council and Mayor o
shall operate as a single governing body. o
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The Council,in collaboration with the Mayor,will develop and implement a Code of Conduct Q
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 of Conduct.
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The Council and Mayor shall create and implement a vision and plan of implementation to v
maintain the City's fiscal integrity.
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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.
Each Council member shall be entitled to vote on all matters coming before the Council. v
Actions of the Council require a simple majority vote of the quorum present for approval,
unless otherwise specified by this Charter or State or Federal law. The Council shall have the d.
power to override any veto of the Mayor by a vote of five (5) or more Council members.
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Section 303. Powers and Duties of the Mayor CU
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The Mayor shall:
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(a) Attend and preside at meetings of the Council and may participate fully in all o
discussions,but shall not be entitled to vote except in the event of a tie, to veto a matter, Qi
and as otherwise provided in this Charter;
(b) Have the authority to veto any Council action approved by less than five (5) members of E
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the Council; w
(c) Have the authority to vote to appoint or remove the City Manager, City Attorney and Q
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City Clerk and the fixing of their compensation; and the appointment or removal of
members of boards, commissions or committees.
(d) Appoint the members and officers of Council committees, and perform other duties as a
specified by the Council;
(e) Be recognized as the head of the City government for all ceremonial purposes and by the
governor for purposes of military law;
(f) Be the chief spokesperson for the City;and
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2.A.b
Proposed San Bernardino Charter,Draft#5a Page 4
(g) Represent the City in intergovernmental relations and establish and maintain
partnerships and regional leadership roles to advance the City's interest; and may
delegate such roles to other members of the Council.
The Mayor shall have no administrative, appointment or removal powers except as otherwise
provided in this Charter.
The office of Mayor shall be a full-time position and the incumbent shall not engage in any
business, professional or occupational activities that interfere with the discharge of the duties of o
the office. U
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Section 304. Compensation;Expenses Q
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Compensation for the Mayor and Council members shall be established by ordinance following
a public hearing, giving due consideration to the recommendations of an advisory commission r
charged with the periodic review of compensation for City-elected officials. Compensation for E
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the Mayor shah be commensurate with that for a full-time position. o
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No ordinance increasing such salaries shall become effective until the date of commencement of m
the terms of Council members elected at the next regular election. The Mayor and Council d
members shall receive reimbursement for actual and necessary expenses incurred in the
performance of their duties of office.
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Section 305. Prohibitions
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(a) Holding Other Office. No Mayor or Council member shall hold any other City office or
City employment during the term for which he or she was elected. No former Mayor or
Council member shall hold any compensated appointive office or employment with the City
until one (1)year after the expiration of the term for which he or she was elected.
(b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes a
as established by State law and/or City ordinance. 0-
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(c) Appointments and Removals. Neither the Mayor nor any Council member shall,in any a
manner, control or demand the appointment or removal of any City administrative officer
or employee whom the City Manager is empowered to appoint. This does not preclude
members of the Council from expressing their views and fully and freely discussing with t0
the City Manager anything pertaining to the appointment and removal of such officers and Q
employees.
(d) Interference with Administration. Neither the Mayor nor any Council member shall
interfere with the discretion of the City Manager in the exercise of his or her powers or the Q
performance of his or her duties. 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
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Proposed San Bernardino Charter, Draft#5a Page 5
to officers and employees under the supervision of the City Manager with the knowledge
and consent of the City Manager.
Section 306. Vacancies;Filling of Vacancies
(a) Vacancies.The Council shall declare a vacancy on the Council or for the office of Mayor
upon the occurrence of any of the events enumerated in provisions of the Government Code
pertaining to vacancies in public offices. =
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(b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance in o
accordance with State law. 0
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Section 307. Judge of Qualifications 0
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The Council shall be the judge of the election and qualifications of its members and the grounds
for forfeiture of their office. w
Section 308. Council Organization,Meetings and Rules of Order o
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Officers of the Council(if any,other than the Mayor), the time, place and the method of calling 3
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meetings, the rules of order for the conduct of proceedings by the Council and the order of
succession in the event of a vacancy in the office of Mayor shall be as established by ordinance.
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Section 309. Ordinances
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When an action is required by State law or this Charter to be made by ordinance, it shall be
adopted in accordance with State law.
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ARTICLE IV: CITY MANAGER
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Section 400. City Manager Appointment,Qualifications and Compensation N
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The Mayor and Council,by a majority vote of the entire Council and the Mayor, shall appoint a o
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City Manager and fix the City Manager's compensation. The City Manager may be removed by Q�
the Council and Mayor in the same manner. The City Manager shall be appointed on the basis CD
of education and experience in the accepted competencies and practices of local government
management. The Mayor and Council shall establish and communicate clear expectations for Q
the City Manager and shall conduct an evaluation of the City Manager's performance at least w
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annually. E
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Section 401. Powers and Duties
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The City Manager shall be the chief executive officer of the City, responsible to the Council for
the management of all City affairs placed in the City 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.
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2.A,b
Proposed San Bernardino Charter,Draft#5a Page 9
The appointment, removal, and terms of office of boards, commissions, committees and
members and the rules and regulations pertaining to the conduct of board, commission or
committee business shall be as prescribed by majority vote of the entire Council and Mayor.
Members of boards, commissions and committees shall be residents of the City,unless
exempted by ordinance or State law.
Section 602. Library
A Library Board of Trustees consisting of five (5)members, shall be appointed by a majority
vote of the entire Council and Mayor to serve as an honorary trust without compensation.The v
Council and Mayor may remove Trustees in the same manner. The Board shall: o
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a. Be responsible for providing adequate library services; °Q
b. Appoint a Library Director;
c. Administer the Library budget allocated by the Council;
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d. Make and enforce all rules and regulations applicable to library services; and E
e. Administer such additional matters as may be determined by ordinance. o
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Section 603. Water,Wastewater and Sewer Collection ID
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(a) Board of Water Commissioners;Appointment,Term of Office,Removal. A board of five
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(5), duly-qualified commissioners shall be appointed by a majority vote of the entire Council
and Mayor to oversee the City's water,recycled water,wastewater and sewer collection v
functions. The Council and Mayor may remove members of the Board in the same manner.
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The term of office for each commissioner shall be six (6)years,with the terms staggered in r-
the same manner as at the time of the adoption of this Charter.Upon any such removal,the
vacancy shall be filled by the Council and Mayor for the unexpired term. Each member of
the Board shall make and subscribe the same oath of office required of other City officers
before an officer authorized by law to certify oaths.
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(b) Powers of the Board. The Board of Water Commissioners (Board) shall perform the duties °Q
and responsibilities prescribed in this Charter and shall perform such other duties and a°
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responsibilities as may be prescribed or delegated by the Council and Mayor. The Board is Q�
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hereby authorized and empowered:
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1. To establish and collect all water,wastewater, sewer collection and recycled water
rates, collect all rentals from water bearing lands and generally regulate, control, t0
manage,renew, repair and extend the entire water,wastewater, sewer collection and Q
recycled water systems of the City; m
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2. To employ such persons as the necessities of the water, wastewater and sewer
collection and recycled water service may require to fix, and pay out of the Water or a
Sewer funds the compensation of any and all employees in said water,wastewater,
recycled water and/or sewer service, respectively, and to require of any employee in
the Water Department an adequate bond for the faithful performance of his or her
duties;
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2.A.b
Proposed San Bernardino Charter,Draft#5a Page 10
3. To generally regulate, control,manage, renew, repair and extend the City potable
water,waste water treatment and sewer collection systems and to fund these
activities in accordance with the California Constitution;
4. To incur any indebtedness or liability against the Water or Sewer Funds, subject to
the debt limitation provisions of the State of California Constitution and laws; and
5. To make rules and regulations governing the conduct of the members of the Board of
Water Commissioners and its employees
(c) Sale and Use of Water. The Board shall have power to control and order the expenditure of 0
all monies received from sale or use of water, for the defraying of expenses or maintenance
and repairs and operation of the water system, or for any expenses for additions to the a
system. The Board shall have the power to control and order the supplying of water to the
City for any and all purposes provided that all revenues associated with the sale and use of
water shall be deposited into the treasury of the City to the credit of the Water Fund, and
shall be kept separate and apart from other monies of the City, and shall only be drawn o
from the Water Fund upon demands authenticated by authorized signatures. v
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(d) Receipts and Disbursements of Water,Wastewater and Sewer Funds. The Board shall
cause a complete and accurate account of all receipts and disbursements related to the
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water,wastewater, and sewer systems to be kept in proper books, which shall be made
available for inspection by the public during the Water Department's regular business
hours. v
(e) Independent Audit. The Board shall annually provide for an independent audit of all
water,wastewater and sewer collection system accounts, and may provide for more L
frequent audits as it deems necessary.An independent certified public accountant or firm of
such accountants shall make such audits,which should be performed in accordance with v
Generally Accepted Auditing Standards (GAAS) and Generally Accepted Governmental a)
Auditing Standards (GAGAS).As soon as practical after the end of the fiscal year, a final Q.
certified audit and report shall be submitted by the accountant to the Board. The Board shall °
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file a copy of the independent auditor's report with the City Clerk. a�
(f) Compensation of Board Members. The members of the Board shall each receive
compensation, payable from the Water Fund and/or Sewer Fund, as established by
resolution adopted by the Board,following a public hearing. Q
(g) Collaboration with City. It shall be the duty of the Board and executives of the Water
Department to collaborate with the Mayor, Council and executives of the City to protect and E
promote public health, safety and welfare. The Water Department's general manager shall R
advise the City Manager on all issues affecting the City on a regular basis. It shall be the a
duty of the Council to take such actions as may be necessary to enforce the rules and
regulations of the Board.
Section 604. Personnel Commission
The entire Council and Mayor shall appoint a Personnel Commission consisting of five (5)
members to serve without compensation. The Commission's sole responsibility shall be to hear
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Proposed San Bernardino Charter, Draft#5a Page 11
appeals of disciplinary action by City employees, subject to the provisions of adopted labor
agreements. Decisions of the Commission shall be final without further review within the City.
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 Council may change the fiscal year by ordinance. o
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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 °Q
prepare and submit to the Mayor and Council the proposed budget and an accompanying
message. The City Manager's budget message shall explain the budget both in fiscal terms and w
in terms of the work programs,linking those programs to organizational goals and community E
priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year o
and the impact of those policies on future years.It shall describe the important features of the U
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budget,indicate any major changes from the current year in financial policies, expenditures, m
and revenues, together with the reasons for such changes. It shall summarize the City's debt (D
position, including factors affecting the ability to raise resources through debt issues, and a,
include other such material as the City Manager deems desirable.
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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 Council and Mayor may require for effective management
and understanding of the relationship between the budget and the City's strategic goals. In v
addition, the City Manager shall prepare and submit a multi-year capital improvement plan y
(CIP). The CIP shall be revised and extended each year with regard to capital improvements Q.
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still pending or in the process of construction or acquisition. a
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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 E
presentation.
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Section 703. Council Action on the Budget and Capital Improvement Plan Q
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The Council shall publish a general summary of the budget and CIP and hold one (1) or more
public hearings. After the public hearing(s), the Budget and CIP shall be adopted by the Council
before the beginning of each fiscal year. r
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Section 704. Independent Audit
The Council shall provide for an annual independent audit of all City accounts and may
provide for more frequent audits as it deems necessary.An independent certified public
accountant or firm of such accountants shall make such audits,which should be performed in
accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted
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Proposed San Bernardino Charter,Draft#5a Page 12
Governmental Auditing Standards (GAGAS).Using competitive bidding,the 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 Mayor,each member of the Council,the City Manager,
Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the
office of the City Clerk,where it shall be available for inspection by the general public, and
published on the City's website.
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Article VIII: ELECTIONS °
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Section 800. City Elections °L
Beginning in November 2018, the regular City election shall be held at the time established by
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State law on the first Tuesday after the first Monday in November, and every two (2) years
thereafter. City elections shall follow the provisions and procedures of the State Elections Code E
as applicable to general law cities. The Mayor and Council members shall be sworn in and v
begin their term of service upon certification of the election results, and shall serve until their 3
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successors qualify.
To facilitate the transition of elections from odd to even numbered years, consistent with the c`,If
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 (1) year. �?
Section 801. Elective Officers;Terms V-
The elective officers of the City shall consist of a Mayor and seven Council members. Council
members shall continue to be elected for terms of four (4) years,with such terms staggered
between the wards as established by ordinance. Each Council member shall be elected by ward v
by the voters within that ward. The Mayor shall continue to be elected at large. N
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Section 802. Number of Wards °
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There shall be seven (7)wards. a�
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Section 803. Adjustment of Ward Boundaries
Periodic adjustments to ward boundaries shall be made to maintain each in compact form and
as nearly equal in population as possible, consistent with applicable State and Federal laws. Q
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Section 804. Initiative,Citizen Referendum,and Recall
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Initiatives, citizen referendums and recalls shall follow the procedures of the State Elections
Code, as applicable to general law cities. Q
ARTICLE IX: CHARTER AMENDMENTS
Section 900. Charter Amendments
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Proposed San Bernardino Charter,Draft#5a Page 13
Amendments to this Charter shall follow the procedures of the State Elections Code, as
applicable to charter cities.
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Proposed San Bernardino Charter, Draft#5a Page 14
Section 901. Periodic Review of Charter
By December 2017, the Council shall establish a process to ensure the periodic review of this
Charter to identify potential amendments that enhance clarity, efficiency, and the principles of
the council-manager form of government.
ARTICLE X: SEVERABILITY
Section 1000. Severability 0
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If any provision of this Charter is held invalid, the other provisions of the Charter shall not be
affected. If the application of the Charter or any of its provisions to any persons or circumstance
is held invalid, the application of the Charter and its provisions to other persons or
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Good day,
I am writing on behalf of the SBPOA. We have received and reviewed a copy of the DRAFT City Charter
that you will be considering on Monday,April 25. 1 wanted to address a couple of issues and omissions
with each of you regarding the DRAFT, and we thank you for your time in advance.
It was not long ago when the City of San Bernardino submitted its "Recovery Plan in support of the Plan
of Adjustment"to the Bankruptcy Court. The plan was a thick and very detailed document outlining the
path our leaders planned to follow in order to return to Service Delivery, Budget and Cash solvency.
Dated May 18, 2015 the plan called for the contracting out of fire and EMS services, business license
administration, fleet maintenance, management and maintenance at the soccer complex and graffiti
abatement.There was even an attempt(and talk of a 2nd try) to contract the SBPD to the SBSO.
On Page 19,the document started to address"Crime" in the City by pointing out that in 2013, crime in
the surrounding jurisdictions (Fontana, Moreno Valley, Rancho Cucamonga, Ontario, Riverside and
Corona) had a part 1 crime rate that "was half that of San Bernardino's:violent crime was one-third."
Today,April 21,2016 a SUN newspaper article put 2016 murders in San Bernardino at 22, compared to
13 by the same month last year. There were a total of 44 murders in all of 2015.
The Recovery Plan showed that sworn staffing at the police department had been reduced from 349
employees to 248, Patrol staffing was reduced by 25%(ultimately peaking at about 33% not counting
long term injuries), Community Policing teams had been discontinued, Narcotics enforcement was cut in
half and traffic enforcement had been reduced by 58%.
The City's document also informed the court that the average response time for a Priority 1 call had
increased by 76%.
San Bernardino simultaneously compiled a "Strategic Plan"from information gained at "5 well-attended
community meetings to solicit input..."They called the turnout "impressive."The process included an
online survey with hundreds of responses from citizens (voters) residing in our community.
A "Strategic Planning Core Team" of 17 community leaders was formed that represented a cross-section
of our community and ultimately produced the final Strategic Plan. This Plan was included in the
Recovery Plan and submitted to the Court(page 49).
"The second highest priority identified was public safety... with specific goals of reducing crime, gang
graffiti, illegal marijuana dispensaries and increasing community policing activities. Clearly the cuts
made to the City's public safety programs to maintain cash solvency were being felt by the community."
When all of the Strategic input was compiled it was determined that the public believes that "poor
governance and inadequate management was a core problem for the City."
Fast forward to today.The Council is now considering the recently released "Proposed Charter of the
City of San Bernardino."
I want to point out here that this document is the result of hard work by the "Volunteer Citizen-Based
ICharter Committee" compiled by Mayor Davis back in March 2014. Initially, the recommendations of
this committee were to be reported "in time for the November 2014 general election."This "rush" was
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ill-advised and resulted in a very focused attack on safety and other employees: Measures Q and R.
Measure Q was yet another attempt to eliminate Charter Section 186 that ensures an "average" of 10
similarly sized cities will be used determine the pay for police and fire safety employees.
As you are aware, the elimination of Section 186 was proposed a number of times in recent years and
was soundly defeated each time by the citizens(voters) of our community. You know that they live,
shop, work and attend school here and they see and feel first-hand the issues that made Crime such a
high priority in the Strategic Plan. We again must thank the citizens for their support.
The proposed City Charter now before us does not adequately address the issue of crime in our
community and does not even mention the police department.Though the Library(Section 602) and
the Water Department (Section 603) are thoroughly covered. Our concern is obviously that this glaring
omission signals that the City may again choose to attempt to contract out police services in the future.
We believe this obvious void further underscores and perpetuates the "poor governance and
inadequate management"that landed our community in Bankruptcy Court in the first place. Not only
that, but it appears that our civic leaders have turned their backs on the concerns of our citizens. I can't
be convinced that this was an "oversight" by the Committee.
It's as though the Volunteer Citizen-Based Charter Committee was not privy to local news and/or was
not provided with important information gained during the Strategic Planning process, or both.
Our ranks at the SBPD were depleted by about 33%as a result of the Bankruptcy process. More than
100 officers have retired or left for other agencies, where the workload is lower and pay and benefits are
at least competitive.
It is my understanding that our hiring process(through all of 2015) resulted in a net gain of"0," meaning
that staffing is still down by about 100 (things appear to be improving, so far in 2016, but I don't have
numbers available to me at this time).
A competitive pay structure was agreed to in the MOU that was reached with the City, however our
benefits package is hovering at about 19%below a LOCAL 10 city average. This must be corrected if we
are to rebuild our agency.
We advertise openings to "lateral" (experienced) officers continually and "L.E.T" (Law Enforcement
Trainees) less often, but regularly in the hopes of gaining a foothold on our staffing losses.
At a recent "Job Fair" sponsored jointly by the SBPD and the SBPOA was designed to attract lateral
officers. We had a staff of about 15 volunteers who arrived early, ready to face the masses of job
seeking applicants. Not 1 applicant showed up.
Some of that may be a result of the "stigma of Bankruptcy"that will accompany the City of San
Bernardino in future years, but it's pretty well known that after nearly 4 years we are now preparing to
exit Bankruptcy. Some of the problem may also be that our job fair announcements did not penetrate
the law enforcement community deep enough,though it was advertised aggressively for a reasonable
time prior to the event.
So then, what is keeping San Bernardino from attracting and retaining both new and experienced
officers?It must be something else.
Where L.E.T.'s are concerned, the hiring pool might be larger, but there is also some local competition.
Many other local agencies (Ontario, Fontana, etc.) are also competing with the SBPD for quality
candidates to fill their ranks. My future son-in-law is currently in the process with LAPD and didn't even
apply in San Bernardino.
I do feel it important to complement our organization for maintaining a strict hiring standard that brings
only the best into our process but this is where in my opinion, the City of San Bernardino falls short.
We are competing with Law Enforcement agencies that offer competitive "total compensation."
Applicants to other local agencies have less crime to deal with, less hours on the job and have on
average 19%more to look forward to, each pay day. This problem must be addressed.
Let me present a very real scenario for you to think about.
L.E.T.'s who are hired are very eager to get their foot in Law Enforcement door. This provides them with
an opportunity to establish their career.They will jump into an agency that offers an opening, without a
thought to the benefit package that is available.
After they successfully complete the basic academy and FTO training (at great expense to the city)they
will receive their Basic Post Certificate." Once obtained, what is it about San Bernardino that will keep
these officers within our ranks?
They are fully trained and have on their resume at least 1 year of"San Bernardino experience"which
makes them a very valuable commodity to other agencies hoping to fill their ranks. Young officers see
the lighter work load, shorter hours and better total compensation packages that are offered by most
other agencies. It's a question of economics and time with the family.
I believe we are in danger of becoming a "training department"with a "revolving door,"until total
compensation reaches an "average" or competitive level.Again, this problem must be addressed now if
we are to have any hope of stabilizing and improving our ranks in the long term.
IWe will soon be exiting bankruptcy with almost the same civic leadership that we had on entry to the
process.There has been a lot of good will and mending that has taken place over the past 4 years.
We're asking that you put an end to the perception of"poor governance and inadequate
management"that threatens a repeat of the cycle of service insolvency that has perpetuated our
I community for far too long. It is our desire to address and fix this problem without a return to the "us vs.
them" mentality.
We are asking that you demand that the "Volunteer Citizen-Based Charter Committee"go back and
incorporate a section requiring that the City "provide a strong, well trained and equipped"municipal
police department with a "total compensation package that maintains an average, based on Law
Enforcement compensation surveys.
It does not have to mirror Section 186, but it should set as its goal, an "average."The SBPOA is more
than willing to meet and discuss wording. We are asking that you acknowledge receipt of this email.
Thank you,
ISteve Desrochers, President,SBPOA