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DOC ID: 4448 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Information/Report
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 05/16/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Volunteer Citizen-Based Charter Review Committee Final Report to MCC (#4448)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Motion: Discuss and take possible action.
Please see committee report, attached
Supporting Documents:
SBCharterCommitteeFinal Report(PDF)
Updated: 5/9/2016 by Linda Sutherland A Packet Pg.518
6.A.a
City of San Bernardino
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Volunteer-Based Citizens Charter Committee o
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Final Report to the Mayor and City Council
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May 16, 2016 Y
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6.A.a
Table of Contents
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ExecutiveSummary..................................................................................................................................1 L)
The Charter Committee 3 °
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Missionand Membership.....................................................................................................................3 C
WhyCharter Reform Is Needed..........................................................................................................4 0
The Charter Development Process........................................................................................................6 0
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Resources Guiding the Charter Committee's Work..........................................................................6 E
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Research Studies.....................................................................................................................................8 °
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Public Education and Outreach Efforts ..............................................................................8
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PublicSurvey........................................................................................................................................8
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PublicForums.......................................................................................................................................9 0
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Committee Member Presentations......................................................................................................10
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Joint Mayor, Council and Charter Committee Workshop.............................................................10 m
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CharterCommittee Timeline..............................................................................................................11 N
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Key Elements of the Proposed Charter...............................................................................................11 L
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Significant Proposed Changes............................................................................................................17
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WhatWill Not Change........................................................................................................................19 >
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Recommended Governance Structure for San Bernardino............................................................20
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NextSteps.................................................................................................................................................23 r
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Conclusion................................................................................................................................................24
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Attachment A: The Proposed Charter................................................................................................25 E
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Attachment B: Charter Committee Working Timeline...................................................................26
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6.A.a
Charter Committee Final Report,May 16,2016 Page 1
Executive Summary
Executive Summary
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The Volunteer-Based Citizen Charter Committee ("Charter Committee")was established in
March 2014 to review San Bernardino's Charter and make recommendations for improvement. °
The Charter Committee is comprised of nine residents appointed by the Mayor and City °a
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Council("Council"). The Committee provided initial recommendations in May 2014, some of 0�
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which were placed on the ballot for the November 2014 election. _
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The need for more substantive charter reform became evident after the City of San Bernardino
filed bankruptcy. The bankruptcy Recovery Plan approved by the Council and submitted to the E
U.S. Bankruptcy Court made clear the City's need to streamline governance and operations. It v
stated, "Until fundamental government and management issues are resolved, it will be difficult
to operate in a modern and efficient manner." The Charter Committee subsequently has
continued its work to review and develop recommendations for a new or substantially revised
charter that reflects the principles of good governance and meets the needs of the community. v
This report summarizes the Charter Committee's work and contains recommendations for
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consideration by the Mayor and Council. The most significant recommendation is that the
Mayor and Council take action to place a new, streamlined,modern charter before the voters on N
November 8, 2016, consistent with the intent expressed in the adopted bankruptcy Recovery v
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Plan. The Committee has prepared a proposed Charter, included in this report,which applies r
best practices for municipal governance applicable to San Bernardino,while maintaining '
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several practices that seem to be supported by the community. The proposed Charter removes
much of the administrative and procedural language in the existing City Charter, resulting in a ICT
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shorter, 12-page document. Research indicates such administrative and procedural language is
more appropriate for either the City's Municipal Code or operational policies and procedures a
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documents.
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If adopted, the proposed Charter will support San Bernardino's emergence from bankruptcy
later this year with a clear and streamlined governance structure based on the council-manager w
form of government. This form of government(in which the council and mayor serve as the T
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legislative policy-making authority and a professional city manager is responsible for managing U
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daily operations and executing the policies of the council and mayor),is the most common form
of government in the State of California and the nation as a whole. Because the roles and m
responsibilities of the Council,Mayor and City Manager will be clear, accountability for the Cn
effective leadership and management of the City should significantly improve. m
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Consistent with best practices,the proposed Charter establishes the City Attorney and City
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Clerk as positions appointed by the entire Council and Mayor instead of being directly elected. <
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Charter Committee Final Report,May 16,2016 Page 2
Executive Summary
The functions of the City Treasurer would be assigned to professional staff in the Finance
Department. v
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Although the proposed Charter recommends changes to the overall governmental structure and O
contains the provisions necessary to implement them, a number of governance and operational o
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elements are not proposed for change. These include maintaining the current ward system and
number of wards, retaining four-year terms of office for Mayor and Council members, retaining E
the Mayor as a directly elected,full-time position with limited ability to vote on items of _
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business, and retaining the current independence of the Water Board of Commissioners and Y
Library Board of Directors to oversee and administer the Water Department and Library, E
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respectively. The name of the Civil Service Board is proposed to change to the more commonly U
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used "Personnel Commission." However,the proposed Charter maintains the Commission's
independent authority to hear and decide appeals of employee disciplinary matters. A
summary of the Charter elements and the Committee's rationale for its recommendations is
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provided later in this report.
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The proposed Charter represents a true,two-year collaboration between the Charter U)
Committee, the Mayor, Council, City Manager, City Attorney, and City Clerk;representatives
from various boards and commissions, and members of the public. The Charter Committee N
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appreciates the time and input all of these individuals have provided to help develop v
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recommendations and a proposed Charter that will make San Bernardino strong, vibrant,
efficient and effective well into the future.
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The Charter Committee unanimously recommends that the proposed Charter contained in this v
report be presented to the voters for the statewide election of November 8,2016. It
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6.A.a
Charter Committee Final Report,May 16,2016 Page 3
The Charter Committee
The Charter Committee
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Mission and Membership
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The Mayor and Council established the Volunteer Citizen-Based Charter Committee ("Charter o
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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. E
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The Charter Committee consists of nine members appointed by the Mayor and Council. The
current members are listed below.
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• Phil Savage, Ward 7 appointee (Committee Chair)
• Casey Dailey,Ward 1 appointee v
• Dennis Baxter,Ward 2 appointee y
• Gary Walbourne,Ward 3 appointee m
• Hillel Cohn,Ward 4 appointee N
• Michael Craft,Ward 5 appointee v
• Vicki Lee,Ward 6 appointee
• Tom Pierce,Mayoral appointee
• Gloria Macias Harrison,Mayoral appointee j
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In May 2015, San Bernardino filed a bankruptcy Recovery Plan with the U.S. Bankruptcy Court
in an effort to emerge from bankruptcy. The Recovery Plan identified the City's Charter as a
barrier to efficient,effective government because it is overly complex,hard to understand, and 0.
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contains elements that are inconsistent with best practices for modern municipal government. W
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Subsequently, the Charter Committee continued its work to develop recommendations for a E
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new or substantially revised charter that reflects the principles of good governance and meets 2
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the needs of the community. E
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Although they have been appointed by the Mayor or individual Council members, Charter
Committee members have worked diligently to represent the interests of the City as a whole, t
not the interests of a particular ward or geographic area. Members also believe their role is to m
be independent from whoever appointed them. In other words, the views and decisions of
individual Committee members have been their own,not based on the influence of their
appointing official. The views and recommendations contained in this report reflect the
majority consensus of the entire Committee. Q
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Charter Committee Final Report,May 16,2016 Page 4
The Charter Committee
The Charter Committee has been meeting approximately twice a month since May 2015. All
meetings have been open to the public and conducted in accordance with the Ralph M.Brown v
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Act to ensure transparency. All work products of the Committee, including agendas,minutes,
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research studies, presentations and progress reports made to the Mayor and Council are
available on the City's website and/or from the City Clerk's Office. m
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Why Charter Reform Is Needed
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The Charter is the basic document that defines a city's organization, powers, functions and d
essential procedures. It is comparable to the U.S. or State Constitution. E
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The need for more comprehensive charter reform became evident after the City of San U
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Bernardino sought bankruptcy protection. In fact, the bankruptcy Recovery Plan filed with the
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U.S.Bankruptcy Court made clear the City's need to streamline governance and operations,
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stating"until fundamental government and management issues are resolved,it will be difficult
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to operate in a modern and efficient manner." The Recovery Plan further states: v
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The Core Team and other constituencies, including outside experts, have concluded that m
decades of questionable management and inefficiency are very much the result of a
convoluted City Charter that complicates daily management and generally neutralizes �"—_
`<- executive authority. The City's governance structure is highly complex and unique
compared with any other city in California. Overlapping authority and ambiguities in
the City's Charter create operational uncertainty and ineffectiveness because the role,
responsibility and authority of the Common Council, City Manager, City Attorney and co
Mayor are unclear and, at times, contradict each other. No other city in California has
followed this peculiar governmental approach. The Charter itself has grown and
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progressively become more unwieldy as a result of City initiated amendments in 1992, C
1995 (twice), 1996,2001,2004, and 2014.
Well-known journalist James Fallows articulately described the consequences of the City's
convoluted Charter in an article written for The Atlantic magazine:
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San Bernardino has a uniquely dysfunctional city-governance system, sort of a c°
metropolitan parallel to the current zero-sum gridlock of national politics. Some cities
we've seen run on the "strong mayor"principle,others, "strong city manager." Because v
of San Bernardino's unique and flawed charter, it has in theory a "strong mayor"but in Cn
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Charter Committee Final Report,May 16,2016 Page 5
The Charter Committee
reality a "strong nobody"system of government and an electoral system so discouraging
that the turnout rates are extremely low even by U.S. and California Standards.'
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Based on its review of the City's current charter, the Committee affirms the accuracy of these o
statements. Some of the provisions are confusing and contradictory. For example, the Charter 0
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indicates the Police and Fire Chiefs shall receive general supervision from the Mayor,but direct m
supervision from the City Manager, making reporting relationships unclear and potentially
impeding accountability. Some provisions are so antiquated they have been superseded by _
changes in higher law. For example, the Charter contains requirements for the San Bernardino r
Unified School District,even though the City has no legal authority over the School District E
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pursuant to State law. 0
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The Charter Committee's independent research also concluded many provisions of the current
Charter are either highly unusual or inconsistent with best practices for the operation of a
modern city government. For example,most modern-era charters provide flexibility to organize CO
city departments and services to maximize efficiency and effectiveness.The City's Charter, v
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however,makes it unclear who is authorized to restructure the organization, and who is 0
accountable for managing it. It is highly unusual for charters to include detailed personnel CO
rules or mandate specific employee job titles and functions the way the City's does. Instead, N
these rules are more commonly found in adopted personnel rules and regulations or in cL
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agreements negotiated with labor associations. Modern-era charters are clear, concise, and �?
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provide maximum flexibility to elected and appointed officials to operate the government 0
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efficiently and effectively. San Bernardino's existing Charter lacks those modern-day
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characteristics. 14
Finally, the clear intention of the City when it adopted the bankruptcy Recovery Plan was to 0
"draft a new Charter and place that new City Charter on the November 2016 ballot for a
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consideration by voters,or sooner if possible" (Recovery Plan, p. 7). The amendments to the
bankruptcy Recovery Plan filed in November 2015 and March 2016 have reiterated the City's _
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intent to place a charter ballot measure before its voters. This report and the proposed Charter
fulfills the Charter Committee's mission in helping the City meet that clear intention. E
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' "Generation Now—What People Do,When There Seems to Be Nothing to Do," The Atlantic,April 28, Q
2015.
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Charter Committee Final Report,May 16,2016 Page 6
The Charter Development Process
The Charter Development Process
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The Charter Committee began its work by studying best practices for the contents of modern-
day municipal charters. These best practices became the basis for a charter"skeleton," an °
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outline of the key elements, ideas and principles to be addressed in the City's Charter. Once the Q
"skeleton" was defined,the Committee began discussing and developing specific language.
The Charter Committee considered the advantages and disadvantages of becoming a general r_
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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 E
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completely rewritten. In order for San Bernardino to have a charter that reflects best practices 0
consistent with modern municipal governance, the Charter Committee recommends the ai
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adoption of a completely new charter instead of proposing numerous amendments to the CD
existing Charter. The proposed Charter developed by the Committee is provided as
Attachment A to this report.
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Resources Guiding the Charter Committee's Work R
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The Charter Committee used a variety of resources in developing recommendations for a new N
charter, including the following. v
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• A "Model Charter"prepared by the National Civic League (NCL). The National Civic
League is a non-partisan,non-profit organization founded by Theodore Roosevelt, o
Frederick Law Olmsted,Louis Brandeis and other leading municipal reformers in
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1894 to make local governments more open, accountable and effective. The Model
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Charter was used as the basis for some of the language in the proposed Charter for
San Bernardino. °Q
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• Research on best practices for modern-era charters. This research was conducted by the
Charter Committee's consultant, the Committee Chair, and individual Committee E
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members. d
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• Charters from 17 California charter cities with populations between 150,000 and 400,000. E
The Committee and its consultant reviewed the charters for each of these cities to v
identify trends and best practices. Comparisons between San Bernardino's Charter a;
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and the peer agencies helped illustrate elements where San Bernardino's approach to .c
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governance is consistent with best practices, and where it is not. The peer agencies
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and their respective populations are shown in Table 1.
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Charter Committee Final Report,May 16,2016 Page 7
The Charter Development Process
Table 1: Peer Agencies by Population
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Population'
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200,000 to 299,000 Population 'cam'
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San Bernardino 212,584
Chula Vista 257,989 O
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Irvine 250,384 (D
Modesto 209,186
Stockton2 306,999
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300,000 to 399,000 ••. • d
Anaheim 351,433
Bakersfield 369,505 E
Riverside 317,307 E
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Santa Ana 335,264 U
150,000 to 199,000 Population y
Glendale 199,182
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Hayward 152,889
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Lancaster 160,784
Oceanside 171,682 M
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Palmdale 157,009 V
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Pomona 152,419 N
Salinas 154,720 1°
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Santa Rosa 170,974 c
Torrance 148,427 N
California State Department of Finance,2015 U
2Stockton's population was 299,878 in 2014(California State Department of Finance) m
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• San Bernardino's "Charter Reform Principles and Objectives," "Operating Practices for
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Good Government,"and Strategic Plan. Each of these documents were adopted by the
Mayor and a majority of the Council and provided important guidance to the It
Charter Committee.
• The City's current Charter. The Committee used the current Charter as a reference a
during some deliberations.
• Public input gathered at public forums and Charter Committee meetings. The Committee c
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sought and received public input throughout the Charter development process.
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Additional information about public input,education and outreach is provided later
in this report. o
• Input from elected and appointed officials, department directors and board and commission
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representatives. This input was received through individual interviews, meetings CU
with board and commission members, and/or special presentations provided during m
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regular Charter Committee meetings. _
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In addition to the above resources, the Charter Committee received technical support and
guidance from the City Attorney, City Clerk, other City staff, and a professional consultant
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(Management Partners).
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The Charter Development Process
Research Studies
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The Charter Committee received a variety of research memoranda and studies from its v
consultant and the Committee Chair. Some contain the results of peer agency research,while o
others provide aggregated input from elected and appointed officials or other stakeholders. a
These studies helped inform the Committee's discussions and decisions, and are available on
the City's website or by contacting the City Clerk's Office. A list is provided below. _
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• Typical Powers and Roles for Mayor, Council and City Manager
• Interrelationship between Mayor, Council and City Manager as Described by the
Operating Practices for Good Government v
• Summary of Results from Interviews with Elected Officials
• Alternatives and Implications for Mayoral Voting Authority
• Process for Establishing or Modifying Voting Districts or Wards
• Elected vs.Appointed City Officials—City Attorney, City Clerk, City Treasurer
• Establishment of Departments and Appointment of Department Heads
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• Summary of Interviews with Department Directors—Police, Fire, and Library cn
Civil Service Boards and Systems m
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• Water and Wastewater Utility Functions and Boards N
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• Mayor and Council Employment Status and Compensation L
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• Preservation of Rights over Natural Resources
General Law City vs. Charter City Characteristics and Authorities in California o
• Public Forum Summary Results(November)
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• Public Forum February-March and Aggregated Results
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• Mayor Terms, Elected Official Term Limits, and Election Processes
• Voter Turnout Cost-Benefit Analysis and State Legislation Q.
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Public Education and Outreach Efforts
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Public input has been a consistent area of emphasis and interest for the Charter Committee, _
which invited and welcomed public comments at each of its meetings. In addition, the E
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Committee offered a variety of public education and outreach opportunities to gather v
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additional input from the community. These efforts are described in more detail below. °»L'
Public Survey N
The Charter Committee sought public input through a survey made available online and in
print from July to September 2015. A total of 440 complete survey responses were submitted. E
Although the survey gauged public opinion, it was not a random sample of voters, and did not
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Charter Committee Final Report,May 16,2016 Page 9
The Charter Development Process
contain any background or educational information about charter issues and concerns. The
summary results of the survey are as follow.
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• Of all respondents, 92%indicated the Charter should be revised (51%) or replaced (42%); o
only 8%indicated the Charter should remain unchanged. o
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• Over half of respondents(53%) indicated support for San Bernardino remaining a
charter city.
• Slightly less than half of respondents (46%) indicated preference for a council-manager _
form of government where the Council sets policy and the policy is implemented by the
City Manager as the chief executive officer. However, approximately 30%reported they E
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were unsure. U
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• A majority of respondents favored retaining the City Attorney, City Clerk and City
Treasurer as elected positions (62%, 58% and 57%, respectively).
• Almost eight out of ten respondents (79%) favored having the Mayor directly elected by
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voters instead of being selected by the Council.
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• Sixty-five percent of respondents indicated the Mayor should be responsible for
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intergovernmental relationships and be recognized as the head of the City government m
for ceremonial and other purposes,but that the City Manager should be responsible for
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administrative functions of the City.
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• Almost three-quarters (74%) of respondents favored consolidating City elections with (D
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those for state and federal offices. c
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Public Forums
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In November 2015 the Charter Committee held three public forums in three different wards. �
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Additional public forums were held in February and March 2016 in the remaining four wards.
The purpose of the public forums was to provide education about San Bernardino's charter 00
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reform efforts and engage participants in sharing their opinions on the preliminary W
recommendations presented to the Mayor and Council related to governance. All of the forums c
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followed a similar format. d
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A cumulative total of approximately 170 participants attended the seven forums,not counting E
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Charter Committee members, staff, or School District personnel. Common themes aggregated v
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from input received during the public forums include the following. Some of these contradict
the results of the survey discussed above. m
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• The Mayor should be allowed to vote. c
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• The Mayor should continue to be elected at large. s
• To avoid tie votes, changing the number of wards is preferable to adding a Council _
® member elected at large. Q
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Charter Committee Final Report,May 16,2016 Page 10
The Charter Development Process
• More participants favored reducing the number of wards over increasing them.
• The City Attorney, City Clerk and City Treasurer should be appointed,not elected. v
• Charter reform is necessary.
• Proposing a new charter was preferable to amending the existing Charter.
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• There was strong support for changing the election cycle to even-numbered years. n.
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The public forums held in February and March generated similar responses to those received in
November, although there was more disagreement expressed at two of them. In fact, opinions m
expressed during those two particular public forums were almost evenly split. Even with this
disagreement, the aggregated themes for all seven forums did not change.
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Committee Member Presentations 3
Members of the Charter Committee made presentations to a number of community groups and >
neighborhood associations. The purpose of the presentations was to provide information about
the Committee and its work and obtain input. Since July,members of the Charter Committee
have provided approximately 45 presentations, and they continue to respond to requests for U
information from the community.
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Joint Mayor, Council and Charter Committee Workshop N
A facilitated workshop was held on April 25,2016 between the Mayor and Council and the
Charter Committee. The purpose of the workshop was to gather Mayor and Council input on =
the key elements of the proposed Charter. The Charter Committee carefully considered each
comment and suggestion provided at the workshop during its meetings of April 26 and May 3,
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2016. Several changes were made to the proposed Charter based on the feedback provided,
including the following: t
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• Extended the residency requirement to qualify for election to Mayor or Council member X
from 30 to 180 consecutive days immediately preceding the filing of nomination papers; c
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• Clarified that board, commission or committee appointments currently made by ward
will not be changed by the proposed Charter;
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• Clarified voting requirements for Council actions, as well as for voting involving both c
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the Council and Mayor;
• Broadened the section regarding the provision of parks and recreation functions to
include all essential municipal services currently being provided, and to allow for CO
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additional services if deemed necessary for the public's health, safety and welfare; Y
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• Changed the deadline for the City Manager to propose a budget and capital
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improvement plan from 30 to 60 days prior to the start of a fiscal year; and
• Created a separate Article regarding initiatives, citizen referendums and recalls. ac
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Key Elements of the Proposed Charter
Charter Committee Timeline
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The Charter Committee maintained a timeline to document its activities throughout the Charter ca
development process. The complete timeline is presented as Attachment B. 0
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Key Elements of the Proposed Charter
At 12 pages, the proposed Charter drafted by the Charter Committee is about one-fourth the S
length of the existing one. This is largely because detailed procedural matters have been
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removed. Based on the Charter Committee's research, such language is more appropriately E
contained in either the City's Municipal Code,adopted policies and procedures, labor �o
association agreements or other operational documents. Table 2 summarizes the substantive 3
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elements of the proposed Charter and the Charter Committee's rationale for its
recommendations.
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Table 2: Key Elements of the Proposed Charter and their Rationale v
Proposed Charter Element Charter Committee Recommendations Rationale
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Form of Government Council-manager Most common form of city m
Council and Mayor powers limited to government in California and peer
legislative and policy making agencies.
City Manager functions as chief executive Form of government in 58%of cities U
officer, responsible for daily operations of with populations over 100,000 m
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the City nationwide' c
Helps the Mayor and Council function 0
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as one governing body,although >
respective powers are slightly 00
different
Consistent with NCL Model Charter
Consistent with Operating Practices o
for Good Government(OPGG)and m
Charter Reform Principles W
Council, Powers and Duties Council is composed of seven Council Consistent with current Charter
members(i.e.,excluding Mayor) Consistent with Operating Practices
Same election by ward for Good Government(OPGG)and °Q
Same four-year terms Charter Reform Principles E
Entitled to vote on all matters coming Public input indicated lack of c
before the Council consensus for changing the number V
In collaboration with Mayor,shall perform of Council members or wards m
duties and exercise powers to serve best
interests of entire City m
May override Mayor veto with a vote of N
five Council members
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2"Council-Manager Form of Government:Frequently Asked Questions," International Ci , /County Q
Management Association,2007.www.icma.org.
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Charter Committee Final Report,May 16,2016 Page 12
Key Elements of the Proposed Charter
Proposed Charter Element Charter Committee Recommendations Rationale
Mayor, Powers and Duties Mayor continues to be elected at large Somewhat consistent with current
Continues to be presiding officer at charter U
meetings,and may fully participate in Consistent with NCL Model Charter
discussions Consistent with OPGG o
May not vote except to break a tie,veto a Mayor voting rights,election at large o
matter or appoint or remove the City and full-time status supported by
Manager,City Attorney,City Clerk,or majority of public forum participants.
members of boards,commissions and However,giving the Mayor a vote
committees;and generally establishing created complexities for dealing with U.
their duties and responsibilities tie votes that generated public
May veto any Council action approved by concerns
less than five Council members S
Continues to be the City's key face and C
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chief spokesperson 3
Continues to be full time d
Continues to represent the City in
intergovernmental relations, establish and
maintain partnerships and regional
leadership roles,although may delegate V
such roles to other members of the .�
Council
No longer has independent administrative, pip
appointment or removal powers
Council and Mayor Together,Council and Mayor: Consistent with NCL Model Charter N
Collaboration Shall ensure fundamental municipal Consistent with best practices V
services are provided to protect and Consistent with practices of most d
promote public health,safety and welfare peer agencies c
Shall jointly appoint the City Manager,City Allows both Mayor and Council to
Attorney,City Clerk,and members to vote on appointments(or removals) j
boards,commissions and committees of key officials. Such actions require
Shall establish clear expectations for city at least five affirmative votes.
manager and conduct performance
evaluations at least annually to ensure c
accountability m
Shall develop and implement norms(or a
Code of Conduct),including measures to
hold each other accountable LL
Shall not control or demand the
appointment or removal of any City �=
employee whom the City Manager is E
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empowered to appoint C
Shall not interfere with the discretion of U
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the City Manager in the exercise or R
performance of his or her duties V
May establish advisory or independent m
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boards or commissions
f Compensation for Mayor Shall be set by Mayor and Council Most peer agencies do not specify a y
and Council Members following a public hearing salary amount for elected official
Shall be based on recommendations of an compensation in the charter, but
advisory commission charged with the either follow general law provisions Q
periodic review of compensation for City or establish the amounts by
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Key Elements of the Proposed Charter
Proposed Charter Element Charter Committee Recommendations Rationale
elected officials ordinance following a public hearing
Mayor's compensation shall be Current Council compensation is U
U
commensurate with that for a full-time significantly lower than the peer
position agencies studied °
0
Effective date of approved increases to be Setting the Mayor's salary based on
°
deferred to commence with the terms of the salary of a superior court judge is as
council members elected in next regular an antiquated practice
election Some peer agencies appoint advisory
commissions to provide independent LL
review of compensation and aa)
justification for increases
Deferring compensation increases E
reduces perception that such °
U
increases are self-serving
City Manager, Powers and Appointed(or removed) by five affirmative Consistent with council-manager m
.y
Duties votes of the Council and Mayor form of government d
Shall be sole authority for managing City Consistent with OPGG m
operations and appointing,directing and Consistent with best practices
removing City staff,unless otherwise Consistent with practices of peer
specified by the charter agencies U
Shall prepare and submit annual budget Consistent with NCL Model Charter y
and capital improvement plan m
Shall assist Mayor and Council in c
developing long-term goals and strategies N
for City V
Shall be accountable for implementing m
Council goals and policies and the overall
performance of the City
Shall ensure the Mayor and Council are �°
informed on all aspects of important
issues,including City's financial condition IT
and future needs
Shall attend Council meetings and brief the
Mayor and Council on the business a
matters before them. d
Shall make business and policy FU
recommendations based on independent E LL
professional judgement and best practices 0
in the interests of the City Y
City Attorney Duly qualified City Attorney shall be Sixteen of 17 peer agencies have an E
appointed by five affirmative votes of the appointed City Attorney. °
U
Council and Mayor, not elected Appointed City Attorney is consistent m
City Attorney shall function as chief legal with NCL Model Charter,although
officer to provide legal advice to Mayor, Model Charter recommends the
U
Council,City Manager,and all City appointment be made by City N
departments Manager or by the City Manager with ..
confirmation by the Council.
Appointment of the City Attorney by E
the Council as a whole is common
practice in California Q
Most public forum participants
Packet Pg.533
6:A.a
Charter Committee Final Report,May 16,2016 Page 14
Key Elements of the Proposed Charter
Proposed Charter Element Charter Committee Recommendations
support appointed city attorney
Current City Attorney supports the U
position being appointed instead of
elected O
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City Clerk Duly qualified City Clerk shall be appointed Fourteen of 17 peer agencies have an p
by five affirmative votes of the Council and appointed City Clerk,appointed by m
Mayor, not elected Mayor and Council
Consistent with NCL Model Charter,
c
although Model Charter recommends �+-
appointment by City Manager Y
Public forum participants support
appointed City Clerk E
Current City Clerk supports the
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position being appointed instead of 3
elected >
City Treasurer City Treasurer is not referenced in charter Ten of 17 peer agency charters make
City's municipal code will either reference no reference to City Treasurer;
Treasurer as an appointed position or treasury functions are assigned to
delegate treasury functions to professional professional staff in the Finance -�
staff in the Finance Department Department
Only three peer agencies have w
elected treasurers op
Public forum participants support
appointed treasurer and/or N
delegation to professional staff U
Consistent with NCL Model Charter (D
Current City Treasurer supports the
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position being appointed
City Departments,Generally All departments,agencies,offices and Consistent with best practices j
services in existence shall continue in same Mostly consistent with peer agency co
manner as before, unless changed by practices
ordinance. Consistent with council-manager
City Manager may establish departments form of government o
and prescribe the functions of Consistent with NCL Model Charter m
departments to meet the needs of the
community in the most effective and
c
efficient manner U_
All departments except Library and Water a)
shall be administered by an executive
appointed and directed by the City >_
Manager j
Services City shall provide for community Conveys intent to continue to
development,finance,fire/EMS, provide essential municipal
information technology,library,parks and functions, based on Mayor and U
recreation, personnel, police, public works, Council input M
water and wastewater and such other
services as the Council deems appropriate
for the public's health,safety and welfare.
Personnel System The City shall provide for a personnel Most peer agencies make reference
system consistent with all applicable to a personnel system in the charter. Q
NIN. federal and state laws In some cases,the reference merely
Packet Pg.534
6.A.a
Charter Committee Final Report,May 16,2016 Page 15
Key Elements of the Proposed Charter
Proposed Charter Element Charter Committee Recommendations Rationale
Core elements of a civil service system are authorizes the Council to establish
described, however details to be adopted such a system U
U
by ordinance. Most modern-era charters do not
Appointments and promotions shall be include specific personnel rules,
made solely on the basis of merit and policies or procedures. Instead,
0
fitness demonstrated by examination or these are found in the municipal y
evidence of competence. code, negotiated labor agreements
Administration of employee matters and/or adopted personnel policies
delegated to a human resources or and procedures. U_
personnel department Gives City flexibility to name the
department responsible for such
services as it sees fit E
Boards,Commissions and Those established prior to adoption of the Consistent with council-manager 0
U
Committees,Generally new Charter will continue to exist. form of government, best practices y
Committee appointments by ward will Authorizing the Council to determine
continue to be within the Council's control. advisory or independent authority of 0
Appointment,removal,terms of office and boards and commissions is consistent
other rules pertaining to boards, with NCL Model Charter
commissions and committees prescribed
by five affirmative votes of Council and U
Mayor m
Members of boards,commissions and 1°
m
committees must be residents unless c
exempted by ordinance or state law N
Library Board of Trustees Appointed by five affirmative votes of Of 11 peer agencies operating a city U
Council and Mayor library,only 8 have a Library y
No compensation Commission or Board of Trustees
Shall be responsible for providing However,the Charter Committee
adequate library services recognizes the importance of j
Shall appoint and supervise the Library libraries as a community asset and "
00
Director the Library Board as advocates for
It
Shall administer the allocated Library that asset 7
budget,and make and enforce all rules Reflects input from Library Board of t
and regulations applicable to library Trustees a°.
services
m
Board of Water Appointed by five affirmative votes of Most peer agencies make no
Commissioners Council and Mayor reference to a water department, LL
1 Same six-year terms board or commission in the charter.
Responsible for water and wastewater However,the Charter Committee
treatment and collection (sewer),and recognizes the importance of water, E
recycled water functions recycled water,and wastewater 0
U
Water Board shall continue to have the (sewer)as essential City functions. `m
I independent authority to establish rates, The Water Department is highly R
hire the General Manager and other effective and efficient,and there is
U
employees necessary to operate the water concern that changing the M
and wastewater systems,and to incur debt authorities,independence and terms ,n Cn
on behalf of these systems of office for the Water Board and y
Other provisions of current Charter are Department may be harmful instead E
retained in the proposed draft(with the of helpful
language modernized and streamlined) Reflects input from the Water Board Q
of Commissioners
1
Packet Pg. 535
Charter Committee Final Report,May 16,2016 Page 16
Key Elements of the Proposed Charter
Proposed .. Rationale
Personnel Commission Shall be appointed by five affirmative Retains the independent hearing
(formerly Civil Service votes of the Council and Mayor to serve authority of the Civil Service U
Commission) without compensation Commission,while assigning all other
Continues to have sole responsibility is to functions to a personnel or human
hear appeals of disciplinary action by City resources department p
employees,subject to the provisions of Reflects input from the Civil Service m
adopted labor agreements Board C�
Financial Management Retains current fiscal year(July to June) Consistent with best practices for c
Requires City Manager to submit proposed municipal financial management u-
budget and message to Mayor and Council Consistent with NCL Model Charter
at least 60 days prior to start of each fiscal Independent audit requirements
year consistent with state law and best E
Specifies budget and capital improvement practices
U
plan requirements and standards,as well Reflects Mayor and Council input
as Council action required °!
Requires Council to provide for an m
independent audit of all City accounts at L
m
least annually
Elections Municipal elections shall be consolidated Consolidating elections with federal
with the cycle for state and federal and state elections is less expensive
elections(i.e., November of even- due to greater economies of scale w
numbered years) and has a positive impact on voter cf°p
To facilitate this transition,proposes to turnout3
extend terms of Mayor and Council Majority of California cities hold N
members in office at the time of adoption elections in November of even- V
for 1 year numbered years y
Mayor and Council members continue to New State legislation will likely
c
be the elective officers,elected for four- require San Bernardino to change
year terms elections to November of even j
Retains seven wards numbered years due to low voter
City elections shall follow provisions and turnout.4
procedures of the State Elections Code(as Public forum participants expressed `!
applicable to general law cities),which support for changing the timing of L
calls for election by plurality vote, instead elections as a strategy for increasing 0
of a primary and runoff process voter turnout o:
Requires periodic adjustment of ward Consolidating municipal elections c
boundaries consistent with applicable with federal and state elections has U_
state and federal laws had a positive impact on voter m
turnout in other cities
Most California cities follow State E
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Elections code procedures for o
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municipal elections,initiatives, d
referendums and recalls
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3"Odd-Year vs.Even-Year Consolidated Elections in California,"Jose P.Hernandez,The Greenlining a=i
Institute,October 2013. See also"Municipal Elections in California:Turnout,Timing,and Competition," _
Public Policy Institute of California,2002. Y
4 Chapter 1.7"Voter Participation," California State Elections Code as amended by SB 415. Signed into at
law by Governor on September 1,2015;takes effect January 1,2018.
Packet Pg.536
6.A.a
Charter Committee Final Report,May 16,2016 Page 17
Key Elements of the Proposed Charter
Proposed Charter Element Charter Committee Recommendations Rationale
Most California cities elect officers by
plurality vote,not a primary/runoff U
process,consistent with the State M
Elections Code
Initiative,Citizen Shall follow the procedures of the State Most common practice o
Referendum and Recall Elections Code,as applicable to general Will address ambiguities in current a)
law cities. Charter experienced during the last
recall c
Charter Amendments Shall follow procedures specified in State Consistent with current practice for LL
Elections Code as applicable to charter Charter amendments y
cities Periodic review of governance E
Council shall establish a process to ensure documents is a best practice E
the periodic review of the Charter to ij
identify potential amendments to enhance 3
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clarity,efficiency and the principles of the
Council-manager form of government rr
Rights and Succession The City shall continue to own, possess Ensures succession of the City's rights L_
and control all rights and property of every and controls assuming a new charter
kind a nature,owned, possessed or is adopted
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controlled by it at the time the new
charter is approved,and shall be subject to Cn
all its debts,obligations and liabilities m
All ordinances,codes, resolutions, rules =
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and regulations in place remain in place as N
long as they are consistent with the U
proposed charter m
All present officers and employees shall =
continue to perform their duties under the
same conditions until the election or >
appointment of their successors
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Significant Proposed Changes 0
The proposed Charter includes elements that would be significant changes for San Bernardino.
However, the Charter Committee would not be recommending these changes if it did not L
believe each to be necessary for the City to improve its governance, operations and efficiency.
As shown in the above table, the most significant changes fall into several categories. E
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Form of Government. As has been highlighted by the bankruptcy Recovery Plan, San m
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Bernardino's current form of government is neither"strong mayor"nor"council-manager," but
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a confusing hybrid between the two that impedes accountability and effectiveness. Perhaps the N
most important element in the proposed Charter is the recommendation that San Bernardino
adopt the council-manager form of government. Many of the proposed Charter elements E
provide the mechanism for implementing this form of government.
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Packet Pg. 537
Charter Committee Final Report,May 16,2016 Page 18
Key Elements of the Proposed Charter
Interrelationships between the Mayor, Council and City Manager. The proposed Charter
contains specific language regarding the powers and duties of the City's elected and appointed v
leaders. The intent is to provide clarity about who is responsible for what, consistent with best 2
0
practices and the council-manager form of government. To implement this form, some of the
Mayor's current powers would be transferred to the Council,while others would be transferred o.
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to the City Manager. The Council would continue to be the primary legislative body, and the
Mayor would continue to have veto powers when Council action is approved by fewer than =
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five Council members. The Mayor also would retain the power to cast a vote to break a tie.
Y
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However,the proposed Charter gives the Mayor voting authority, along with the entire E
Council,for the City's most important appointments (or removals), such as the City Manager v
and members of boards,commissions and committees. Giving the Mayor limited ability to vote
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on these critical matters provides an incentive for the Council and Mayor to function as one
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governing body, consistent with the principles of good governance. (D
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Elected vs.Appointed Officials. The proposed Charter converts the elected City Attorney and v
City Clerk into positions appointed by the Mayor and Council, and does not reference a City cn
Treasurer. This allows the functions of the City Treasurer to be assigned to professional staff in m
the Finance Department,the more common practice. Although they would no longer be d
elected, the City Clerk's role and responsibilities would not change under the proposed Charter. v
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The City Attorney's role as legal advisor to the City's elected and appointed officials and m
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departments also would not change. '
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Elections. The proposed Charter recommends transitioning the election cycle from November a
of odd-numbered years to November of even-numbered years, i.e.,to coincide with state and v
federal elections. Research indicates this will reduce election costs to the City and should o
improve voter turnout. Because of low voter turnout during the past three municipal elections
as compared to the local turnout experienced for statewide elections,new State law(SB 415) is
likely to force the City to change its elections to November of even-numbered years. The
proposed Charter,if adopted as presented,would facilitate the transition of elections to even- r
numbered years by extending the terms of the Mayor and Council members in office at the time E
0
of adoption by one year. The next regular municipal election would then be held in November v
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2018. The sequencing of elections for Council members and the Mayor would continue in the
same pattern they currently follow. m
To remedy past problems the City has encountered with certain elections procedures, the
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proposed Charter recommends following the provisions of the State Elections Code. Doing so E
will not significantly change many of the City's current procedures,but will improve clarity.
Y
However,one consequence of following the State Elections Code is that the Mayor and Council
Packet Pg. 538
6.A.a
Charter Committee Final Report,May 16,2016 Page 19
Key Elements of the Proposed Charter
would be elected by plurality(i.e., the highest vote getter), instead of through a primary and
runoff process. v
Finally,the proposed Charter also recommends that any initiative, citizen referendum or recall o
follow the procedures set forth in the State Elections Code. Q.
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Focus on Policy,Not Procedures. The proposed Charter omits administrative and procedural W
matters that are more appropriately found in the Municipal Code, adopted personnel rules and ,i
regulations, agreements negotiated with labor associations, or other operational documents. w
Assuming the proposed Charter is put before the voters and approved in November,the City
Attorney's Office will need to conduct a review of the existing Charter to determine what, if v
any,provisions should be adopted by ordinance to effect this transition.
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What Will Not Change
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Although the above changes are significant, there are a number of elements found in the current s
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Charter that are not proposed for change. Specifically,no change is proposed to the number of a
Council members, the wards they represent, or who elects them (i.e., Council members will m
continue to be elected by ward). The current four-year terms for the Mayor and Council
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members will remain the same. The Mayor will continue to be a full-time position,elected at N
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large, and serve as the presiding officer at meetings, and the City's key face and spokesperson.
The Mayor's responsibility to represent the City in intergovernmental relations and provide
regional leadership also will not change.
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The functions and essential municipal services currently provided by San Bernardino will
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remain the same, although the City's elected and appointed leaders will have more flexibility in
how they are organized and provided. Detailed reference to most of these functions, as well as Q.
specific departments will transition to the City's Municipal Code. In fact,some language in the W
current Charter is redundant with that found in the Municipal Code. c
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The independence of the Water Board of Commissioners to operate the Water Department and °'
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establish rates remains intact in the proposed Charter. The six-year terms for Water E
Commissioners are not proposed for change, recognizing the time it takes to develop technical c°L�
knowledge and experience for such functions, and to protect the Board's independence from R
political influence. However, the proposed Charter would expand the responsibilities of the
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Water Board and Water Department to include wastewater (sewer) collection. The Water Board Cn
and Water Department have a superior track record for providing quality service and effective d
maintenance of the City's water and wastewater treatment infrastructure,but do not have
authority for wastewater collection,infrastructure or rates. The Charter Committee believes Q
they should.
Packet Pg. 539
Charter Committee Final Report,May 16,2016 Page 20
Key Elements of the Proposed Charter
The proposed Charter also maintains the independence of the Library Board of Trustees over
the City's libraries and their operation. The Civil Service Board would continue to have ti
independent authority over appeals related to employee discipline,but would be called the
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Personnel Commission, consistent with common practice. All other boards, commissions and
committees,and their manner of appointment, would be unchanged by the proposed Charter.
Recommended Governance Structure for San Bernardino
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The proposed Charter,if adopted,results in a governance structure that looks fundamentally v
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different than the current one. The existing governance structure as documented in the City's
bankruptcy Recovery Plan is provided as Figure 1. The proposed governance structure is 0
presented as Figure 2, and shows an organizational structure with greater clarity in roles,
responsibilities and reporting relationships, with all Boards and Commissions appointed by and CD
accountable to the Council, and all but two departments (Library and Water) 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, while retaining practices that are
m
important for San Bernardino to continue, such as the independent authority of the Water Board
of Commissioners, and Library Board of Trustees. m
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6.A.a
Charter Committee Final Report,May 16,2016 Page 23
Next Steps
Next Steps
At its meeting of May 3,2016, the Charter Committee took action to unanimously recommend
the Council place the proposed Charter as presented in this report on the ballot for the °
November 8,2016 election. °a
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If the Council accepts the Committee's recommendation,the City Attorney should be directed c
to conduct a final review of the proposed Charter for consistency and technical legality, and to L-
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prepare the appropriate resolution and ballot measure language. The deadline for a governing r
body to submit a ballot measure for either the adoption of or amendment to a charter is 88 days
prior to the date of the election. The ballot measure deadline for the November 8,2016 election v
is Friday,August 12, 2016. Consequently, the last regular meeting date for the Council to take m
action on the resolution calling for the ballot measure(s) and the proposed ballot measure 4)
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language is August 1,2016. °
°
The City may not expend funds to advocate for or against passage once the Council takes action U
to propose a ballot measure (or measures). However, this does not preclude the City and/or
Charter Committee from providing educational information to the public about the measure.
The Charter Committee has been deliberate in creating a significant body of work consisting of N
research studies and memoranda,presentations,progress reports and other public documents v
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that would be appropriate for future public education efforts regarding Charter reform. a
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Once the ballot measure(s) have been filed with the County Registrar of Voters it would be >°
appropriate for the City Attorney and legal staff to identify the need for and begin preparing v
any ordinances necessary to implement provisions of the proposed Charter. This may include
transitioning some of the procedural language currently found in the Charter to either the o
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Municipal Code or other City policy documents.
Assuming the voters approve the ballot measures in November,the adopted Charter will need E
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to be filed with the California Secretary of State. Based on past experience in San Bernardino w
and other cities, it is most likely this would not occur until January 2017. The new Charter E
would go into effect upon certification by the Secretary of State. The proposed Charter as v
drafted is explicit in stating that all ordinances, codes,resolutions,rules, regulations, a;
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departments, officers,boards, commissions and committees remain in effect at the time of s
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adoption will remain in place and continue in force until such time as they have been duly m
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repealed, amended, changed, or superseded by proper authority as provided by the proposed
Charter. E
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Packet Pg.,543
6.Aa
Charter Committee Final Report,May 16,2016 Page 24
Conclusion
Conclusion
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This report contains the collective and collaborative efforts of the Charter Committee over the v
last two years and represents their best work in drafting a governance document that will °
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facilitate the City's emergence from bankruptcy and provide a path to a more effective,efficient Q.
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government serving the needs of the San Bernardino community. However, the Charter
Committee did not operate in a vacuum. Instead,it has relied on various individuals and
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groups who provided their time,expertise and insights. The Committee appreciates the
dedication and commitment of all of these individuals in helping to design a proposed Charter
and governance structure that will make San Bernardino a stronger,vibrant,effective, and E
efficient city for many years to come. )
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6.A.a
Charter Committee Final Report,May 16,2016 Page 25
Attachment A: The Proposed Charter
Attachment A: The Proposed Charter
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Table of Contents
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PREAMBLE.................................................................................................................................................1 U
ARTICLE I: NAME, BOUNDARIES,POWERS,RIGHTS AND SUCCESSION, °
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INTERGOVERNMENTAL RELATIONS...............................................................................................1 °a
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Section 100. Name and Boundaries
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Section101. Powers of the City...........................................................................................................1 U-
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Section 102. Interpretation of Powers.................................................................................................1 r
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Section 103. Rights and Succession.....................................................................................................1 E
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Section 104. Intergovernmental Relations.........................................................................................2
ARTICLE II: FORM OF GOVERNMENT..............................................................................................2
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Section 200. Form of Government......................................................................................................2
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ARTICLE III: CITY COUNCIL AND MAYOR.....................................................................................2
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Section 300. General Powers and Duties ...........................................................................................2 m
Section 301. Composition, Eligibility, and Terms.............................................................................2 N
Section 302. Powers and Duties of the Council.................................................................................3 v
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Section 303. Powers and Duties of the Mayor...................................................................................3
Section304. Manners of Action...........................................................................................................4 0
Section 305. Compensation;Expenses................................................................................................4 v
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Section306. Prohibitions......................................................................................................................4
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Section 307. Vacancies;Filling of Vacancies......................................................................................5 m
Section 308. Judge of Qualifications...................................................................................................5
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Section 309. Council Organization, Meetings and Rules of Order.................................................5
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Section310. Ordinances .......................................................................................................................5 E
ARTICLE IV: CITY MANAGER.............................................................................................................5 v
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Section 400. City Manager Appointment,Qualifications and Compensation.............................5 M
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Section 401. Powers and Duties..........................................................................................................5 m
ARTICLE V: DEPARTMENTS, SERVICES,OFFICERS AND EMPLOYEES...................................7
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Section 501. General Provisions
7 U
Section 502. Direction by City Manager.............................................................................................7 Q
Packet Pg. 546
6.A.a
Proposed San Bernardino Charter (Final) Page 2
Section 503. Continuation of Departments........................................................................................7
Section504. City Attorney...................................................................................................................7
Section505. City Clerk..........................................................................................................................7 0
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Section 506. Departmental Administrators;Appointive Powers...................................................7 0
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Section 507. Services
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Section508. Personnel System.............................................................................................................8 u.
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Section509. Official Bonds...................................................................................................................8 m w
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ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES.......................................................8 0
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Section 600. General Provisions..........................................................................................................8 m
Section 601. Appointment, Removal,Terms of Office and Procedural Rules..............................8
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Section602. Library...............................................................................................................................9 t
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Section 603. Water and Wastewater...................................................................................................9 v
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Section 604. Personnel Commission.................................................................................................10 y
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ARTICLE VII: FINANCIAL MANAGEMENT...................................................................................10
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Section700. Fiscal Year.......................................................................................................................10 cv
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Section 701. Submission of Budget and Budget Message..............................................................10 m
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Section 702. Budget and Capital Improvement Program..............................................................10
Section 703. Council Action on the Budget and Capital Improvement Plan..............................10 co
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Section 704. Independent Audit........................................................................................................11 `t
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ArticleVIII: ELECTIONS.......................................................................................................................11
Section800. City Elections.................................................................................................................11
Section 801. Elective Officers;Terms................................................................................................11 U`
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Section802. Number of Wards..........................................................................................................11 E
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ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL...........................................12 v
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Section 900. Initiative, Citizen Referendum and Recall.................................................................12 a
ARTICLEX: CHARTER AMENDMENTS..........................................................................................12 m
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Section 1000. Charter Amendments................................................................................................12 r-
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Section 1001. Periodic Review of Charter........................................................................................12
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Proposed San Bernardino Charter (Final) Page 3
ARTICLEXI: SEVERABILITY...............................................................................................................12
Section1100. Severability...................................................................................................................12 U
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6.A.a
PROPOSED CHARTER
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CITY OF SAN BERNARDINO
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STATE OF CALIFORNIA o
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PREAMBLE
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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. E
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ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION,
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INTERGOVERNMENTAL RELATIONS
Section 100. Name and Boundaries v
The City of San Bernardino,hereinafter termed the City, shall continue to be a municipal y
corporation under its present name of"City of San Bernardino." The boundaries of the City m
shall be as now established until changed in the manner authorized by law.
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Section 101. Powers of the City tv
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The City shall have all powers possible for a city to have under the constitution and laws of the c
State of California as fully and completely as though they were specifically enumerated in this 2
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Charter.
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Section 102. Interpretation of Powers
The powers of the City under this Charter shall be construed in favor of the City, and the o
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
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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 o
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 f°
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this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in m
force until they shall have been duly repealed, amended, changed, or superseded by proper N
authority as provided by this Charter.
Subject to the provisions of this Charter,the present officers and employees of the City shall
continue to perform the duties of their respective offices and employments under the same Q
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Proposed San Bernardino Charter (Final) Page 2
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.
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No action or proceeding,civil or criminal,pending at the time when this Charter takes effect, g
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. 0
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Section 104. Intergovernmental Relations
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The City may participate by contract or otherwise with any governmental entity of this state or U_
any other state or states in the United States in the performance of any activity,which one or *;
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more of such entities has the authority to undertake. E
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ARTICLE II: FORM OF GOVERNMENT
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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 =
government.
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ARTICLE III: CITY COUNCIL AND MAYOR
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Section 300. General Powers and Duties v
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All powers of the City shall be vested in the City Council("Council"), and to the extent c
provided in this Charter, the Mayor. The Council shall provide for the exercise and
performance of all duties and obligations imposed on the City by State and Federal laws.
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The role of the Council is legislative in character,which includes the power to set policy,
approve contracts and agreements, and undertake other obligations consistent with this Charter
and the City's Municipal Code,while deferring to the discretion of management to choose the C
appropriate means to achieve the Council's goals.
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Section 301. Composition,Eligibility,and Terms L
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(a) Composition. The Council shall be composed seven(7) Council members.The term
"Council," "legislative body," or other similar terms as used in this Charter or any other E
provisions of law shall be deemed to refer to the collective body composed of the Council U
members.
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(b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council v
m
member or Mayor. Those elected shall have been qualified electors and residents of their m
respective wards for a period of at least one-hundred and eighty(180) consecutive days
immediately preceding the date of filing their nomination papers for the office. E
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Proposed San Bernardino Charter (Final) Page 3
Section 302. Powers and Duties of the Council
The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are U
provided to protect and promote public health, safety, and welfare.The Council and Mayor
shall operate as a single governing body to serve the best interests of the City. °
°
The Council,in collaboration with the Mayor,will develop and implement a Code of Conduct
to guide and direct their interactions and duties, including measures to hold one another
accountable for deviations from the goals and principles set forth in this Charter and the City
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Code of Conduct.
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The Council, in collaboration with the Mayor, shall create and implement a vision to maintain E
the City's fiscal integrity. o
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Each Council member shall be entitled to vote on all matters coming before the Council. The
Council shall have the power to override any veto of the Mayor by a vote of five (5) or more
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Council members.
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The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a
temporary absence from the City,illness, or any other cause that makes the Mayor temporarily
unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers
and authority that the Mayor would have possessed if present to perform his or her duties. m
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However,the Mayor Pro Tempore may not cast an additional vote in the event of a tie or N
exercise veto powers over Council action,but may continue to exercise his or her vote as a v
Council member.
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Section 303. Powers and Duties of the Mayor
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The Mayor shall have the powers and perform the following duties in addition to others as
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specified in this Charter: Iq
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(a) Attend and preside at meetings of the Council and may participate fully in all r
discussions,but shall not be entitled to vote except in the event of a tie, to veto a matter, C
and as otherwise provided in this Charter; W
(b) Have the authority to veto any Council action approved by less than five (5)members of c
the Council; m
(c) Have the authority to vote (1) to appoint or remove the City Manager, City Attorney and
City Clerk and fix their compensation and (2) to appoint or remove members of boards, E
commissions or committees; iL
(d) Appoint the members and officers of Council committees, and perform other duties as
specified by the Council; _
(e) Be recognized as the head of the City government for all ceremonial purposes and by the CO
governor for purposes of military law;
(f) Be the chief spokesperson for the City;and
(g) Represent the City in intergovernmental relations and establish and maintain
partnerships and regional leadership roles to advance the City's interest;and may a
delegate such roles to other members of the Council.
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Proposed San Bernardino Charter (Final) Page 4
The Mayor shall have no administrative, appointment or removal powers except as otherwise
provided in this Charter.
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The office of Mayor shall be a full-time position and the incumbent shall not engage in any 2
business, professional or occupational activities that interfere with the discharge of the duties of °
the office. o
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Section 304. Manners of Action
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Actions of the Council require a simple majority vote of the quorum present for approval U_
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unless: D
(a) Otherwise specified by State or Federal law;or E
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(b) Required by this Charter as requiring the vote of the Mayor and entire Council. In such �j
cases, five (5) affirmative votes shall be required to take the action.
Section 305. Compensation;Expenses
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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 v
charged with the periodic review of compensation for City-elected officials. Compensation for m
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the Mayor shall be commensurate with that for a full-time position. m
No ordinance increasing such salaries shall become effective until the date of commencement of N
the terms of Council members elected at the next regular election. The Mayor and Council v
members shall receive reimbursement for actual and necessary expenses incurred in the `m
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performance of their duties of office. c
Section 306. Prohibitions >
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(a) Holding Other Office. No Mayor or Council member shall hold any other City office or le
City employment during the term for which he or she was elected. No former Mayor or v
Council member shall hold any compensated appointive office or employment with the City a
until one (1)year after the expiration of the term for which he or she was elected.
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(b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes
as established by State law and/or City ordinance.
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(c) Appointments and Removals. Neither the Mayor nor any Council member shall, in any E
manner, control or demand the appointment or removal of any City administrative officer v
or employee whom the City Manager is empowered to appoint. This does not preclude the
Mayor or members of the Council from expressing their views and fully and freely
discussing with the City Manager anything pertaining to the appointment and removal of v
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such officers and employees. �
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(d) Interference with Administration. Neither the Mayor nor any Council member shall E
interfere with the discretion of the City Manager in the exercise or performance of his or her 0
powers or duties. The Mayor and Council members shall deal with City officers and Q
employees who are subject to the direction and supervision of the City Manager solely
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Proposed San Bernardino Charter (Final) Page 5
through the City Manager, and shall not give orders to or attempt to direct the work of such
officers and employees either publicly or privately. Inquiries may be made directly to
officers and employees under the supervision of the City Manager with the knowledge and cUj
consent of the City Manager. o
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Section 307. Vacancies;Filling of Vacancies a
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(a) Vacancies.If the Council determines any of the events enumerated in provisions of the
Government Code pertaining to vacancies in public offices have occurred,the Council shall
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declare a vacancy for the office of Council member or for the office of Mayor.
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(b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance in E
accordance with State law. 0
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Section 308. Judge of Qualifications 3
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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.
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Section 309. Council Organization,Meetings and Rules of Order v
The Council shall establish by ordinance the time,place and the method of calling 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. N
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Section 310. Ordinances cL
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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
The Mayor and Council,by a vote of the Mayor and entire Council, shall appoint a City
Manager and fix the City Manager's compensation. The City Manager may be removed by the L
Mayor and entire Council in the same manner. The City Manager shall be appointed on the
basis of education and experience in the accepted competencies and practices of local E
government management. The Mayor and Council shall establish and communicate clear v
expectations for the City Manager. An evaluation of the City Manager's performance shall be
conducted at least annually.
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Section 401. Powers and Duties 00
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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 this Charter. at
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Proposed San Bernardino Charter (Final) Page 6
The City Manager shall:
(a) Appoint and suspend or remove all City employees and appoint administrative officers, v
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 a
officer's department, office or agency;
(b) Direct and supervise the administration of all departments, offices and agencies of the 0
City,except as otherwise provided by this Charter or by law; LL
(c) Attend all Council meetings. The City Manager shall have the right to take part in the Y
discussion but shall not vote; E
(d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, o
including the City's financial condition and future needs, and as part of that U
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responsibility,brief the Mayor and Council at their meetings on the business matters d
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before them; m
(e) See that all laws,provisions of this Charter and acts of the Council, are faithfully a,
executed; cc
(f) Prepare and submit the annual budget and capital improvement program to the Mayor U
and Council and implement the final budget approved by the Council to achieve the y
goals of the City; m
(g) Submit to the Mayor and Council and make available to the public a complete report on N
the finances and administrative activities of the City as of the end of each fiscal year; v
(h) Make such other reports as the Mayor or Council may request regarding operations;
(i) Make recommendations to the Mayor and Council concerning the affairs of the City and °'
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facilitate the work of the Council in developing policy; M
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(j) Provide staff support services for the Mayor and Council members;
(k) Assist the Mayor and Council in developing long-term goals for the City and strategies
to implement these goals; �±
(1) Be accountable for the implementation of Council goals and policies and the overall o
performance of the City; m
(m)Encourage and provide staff support for regional and intergovernmental cooperation;
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(n) Promote partnerships among the Mayor, Council, staff, and citizens in developing
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public policy and building a sense of community; d
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(o) Make business and policy recommendations based solely on his or her independent
professional judgement and best practices in the interests of the City;and c
(p) Perform other such duties as are specified in this Charter or may be requested by the U
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Council.
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Proposed San Bernardino Charter (Final) Page 7
ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES
Section 501. General Provisions v
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The City Manager may establish City departments, offices, or agencies in addition to those 0
created by this Charter, and may prescribe the functions of all departments, offices and agencies o
to meet the needs of the community in the most effective and efficient manner.
Section 502. Direction by City Manager c
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All departments, offices and agencies shall be administered by an executive appointed by and w
subject to the direction and supervision of the City Manager,except as otherwise provided in E
this Charter. E
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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.
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The City Manager may appoint one person to serve as the executive of two or more
departments.
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Section 503. Continuation of Departments
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All departments, agencies, offices, and services in existence at the time this Charter is adopted m
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shall continue in the same manner as before the adoption of this Charter,unless and until N
changed by ordinance. v
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Section 504. City Attorney
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A duly qualified person shall be appointed as City Attorney by a vote of the Mayor and entire 0
Council. The City Attorney may be removed by the Mayor and entire Council in the same
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manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager
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and all City departments, offices and agencies; shall represent the City in all legal proceedings;
and shall perform any other duties prescribed by State law, this Charter or by ordinance. o
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Section 505. City Clerk
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A duly qualified person shall be appointed as City Clerk by a vote of the Mayor and entire u.
Council. The City Clerk may be removed by the Mayor and entire Council in the same manner. Y
The City Clerk shall give notice of Council meetings to its members and the public,keep the E
journal of its proceedings, and shall perform any other duties prescribed by State law, this o
Charter or by ordinance.
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Section 506. Departmental Administrators;Appointive Powers v
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Each departmental executive shall have the power to appoint, supervise, suspend, or remove Cn
such assistants, deputies, subordinates and employees as are provided for the department,
subject to the approval of the City Manager and subject to the provisions of the personnel rules =
and regulations adopted by the Council.
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Proposed San Bernardino Charter(Final) Page 8
Section 507. Services
The City shall provide for community development,finance,fire and emergency medical v
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services, information technology,library,parks and recreation, personnel,police,public works,
water and wastewater, and such other services as the Council deems appropriate for the °
public's health, safety and welfare. a
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Section 508. Personnel System
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All appointments and promotions of City officers and employees shall be made solely on the u.
basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of r
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competence. The administration of employee matters shall be delegated to a personnel or E
human resources department. o
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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 >
and regulations necessary for the effective administration of the employees of the City's
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departments, offices and agencies. Such personnel rules and regulations may include but are
not limited to classification and pay plans,examinations,force reduction, removals,working U
conditions,provisional and exempt appointments, in-service training, grievances and o
relationships with employee organizations. m
Section 509. Official Bonds. N
The Council shall fix by resolution the amounts and terms of the official bonds of all officers or U
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employees who are required by the Council to acquire such bonds. All bonds shall be executed
by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall
be filed with the City Clerk. Premiums on official bonds shall be paid by the City. >°
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There shall be no personal liability upon, or any right to recover against, a superior officer, or
his or her bond, for any wrongful act or omission of his or her subordinate,unless such superior
officer was a part to, or conspired in, such wrongful act or omission. o
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ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES
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Section 600. General Provisions Y
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Each board, commission and committee established prior to the adoption of this Charter shall c
continue to exist,exercise the powers and perform the duties assigned to it upon adoption of U
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this Charter. However, the Council may alter the structure,membership, powers and duties of
boards, commissions and committees. The Council also may abolish or create particular boards, v
commissions and committees. The Council may grant powers and duties to boards, umi
commissions and committees that are consistent with the provisions of this Charter. c
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Section 601. Appointment,Removal,Terms of Office and Procedural Rules
The appointment, removal, and terms of office of boards, commissions, committees and their a
members and the rules and regulations pertaining to the conduct of board, commission or
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committee business shall be as prescribed by a vote of the Mayor and entire Council. Members
of boards, commissions and committees shall be residents of the City,unless exempted by
ordinance or State law. v
Section 602. Library °
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A Library Board of Trustees consisting of five (5)members shall be appointed by a vote of the d
Mayor and entire Council to serve as an honorary trust without compensation. The Mayor and
entire Council may remove Trustees in the same manner. The Board shall: c
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a. Be responsible for providing adequate library services;
b. Appoint a Library Director; E
c. Administer the Library budget allocated by the Council; o
d. Make and enforce all rules and regulations applicable to library services; and ca
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e. Administer such additional matters as may be determined by ordinance. 2
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Section 603. Water and Wastewater
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A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire
Council. They shall serve six(6)year terms of office,staggered as in the same manner as at the
time of the adoption of this Charter. Any one or more of these Commissioners may be removed
by a vote of the Mayor and entire Council. The Board shall have the following powers and m
responsibilities: N
a. Be responsible to oversee and manage the City's water supply, recycled water, v
wastewater collection and treatment("Water and Wastewater Systems") functions in d
accordance with State law. 2
b. Employ such persons, including a general manager, as may be needed for proper >°
administration of the City's Water and Wastewater Systems. CO
c. Set and collect all rates, fees and charges for operation of the Water and Wastewater
Systems. t
d. Allocate all receipts and expenditures to separate,independent,Water and Sewer Funds C
in accordance with State law.
e. Provide for an annual, independent audit of all water and wastewater accounts, and c
may provide for more frequent audits as it deems necessary. A copy of all auditors'
reports shall be filed with the City Clerk and Council.
f. Compensate members of the Water Board in accordance with actions of the Water Board E
following public hearing. 0
g. Collaborate with the Council,Mayor and City Manager concerning the City's Water and
Wastewater Systems. In this regard, the Council shall take such actions as may be v
appropriate to enforce rules and regulations of the Board. CO
h. Establish and periodically review and revise such rules and regulations as may be
appropriate for managing the City's Water and Wastewater Systems.
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Section 604. Personnel Commission
A Personnel Commission consisting of five (5)members shall be appointed by a vote of the v
Mayor and entire Council to serve without compensation. The Mayor and entire Council may 2
remove Commissioners in the same manner. The Commission's sole responsibility shall be to 0
hear appeals of disciplinary action by City employees,subject to the provisions of adopted labor 0 CL
agreements. Decisions of the Commission shall be final without further review within the City.
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ARTICLE VII: FINANCIAL MANAGEMENT
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Section 700. Fiscal Year E
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The fiscal year of the City shall begin on the first day of July of each year and end on the last U
day of June of the following year. The Council may change the fiscal year by ordinance.
Section 701. Submission of Budget and Budget Message
L
At least sixty(60) days prior to the beginning of each fiscal year, the City Manager shall prepare t
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and submit to the Mayor and Council the proposed budget and an accompanying message.The
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City Manager's budget message shall explain the budget both in fiscal terms and in terms of the a
work programs,linking those programs to organizational goals and community priorities. It
shall outline the proposed financial policies of the City for the ensuing fiscal year and the M
impact of those policies on future years. It shall describe the important features of the budget N
and indicate any major changes from the current year in financial policies,expenditures, and v
revenues,together with the reasons for such changes. It shall summarize the City's debt
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position,including factors affecting the ability to raise resources through debt issues, and 3
include other such material as the City Manager deems desirable.
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 0 CL
City Manager deems desirable or the Council or Mayor may request for effective management
and understanding of the relationship between the budget and the City's strategic goals. In
addition, the City Manager shall prepare and submit a multi-year capital improvement plan L
(CIP). The CIP shall be revised and extended each year with regard to capital improvements
still pending or in the process of construction or acquisition. E
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The City's budget and CIP should strive to achieve the best practice standards set by the U
Government Finance Officers Association(GFOA) for distinguished budget presentation. R
Section 703. Council Action on the Budget and Capital Improvement Plan U
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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 E
before the beginning of each fiscal year.
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Section 704. Independent Audit
The Council shall provide for an annual independent audit of all City accounts and may v
provide for more frequent audits as it deems necessary.An independent certified public g
accountant or firm of such accountants shall make such audits,which should be performed in o
accordance with General Accepted Auditing Standards(GARS) and Generally Accepted o
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Governmental Auditing Standards (GAGAS).Using competitive bidding,the Council shall
designate such accountant or firm for a period not to exceed five (5)years.
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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, r
Finance Director and City Attorney.Three (3) additional copies shall be placed on file in the
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office of the City Clerk,where it shall be available for inspection by the general public, and 0
published on the City's website.
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Article VIII: ELECTIONS
Section 800. City Elections v
Beginning in November 2018, the regular City election shall be held at the time established by y
State law on the first Tuesday after the first Monday in November, and every two (2)years m
thereafter. City elections shall follow the provisions and procedures of the State Elections Code N
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
successors qualify. c
To facilitate the transition of elections from odd to even numbered years, consistent with the 0
timing of elections for state and federal offices, the terms of the Mayor and each Council ao
IT
member in office at the time of the adoption of this Charter shall be extended for one (1) year. Itt
Section 801. Elective Officers;Terms o
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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 L
by the voters within that ward. The Mayor shall continue to be elected at large for a term of ==
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four-years. E
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Section 802. Number of Wards v
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There shall be seven (7)wards. M
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Section 803. Adjustment of Ward Boundaries y
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. E
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ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL
Section 900. Initiative,Citizen Referendum and Recall v
Initiatives, citizen referendums and recalls shall follow the procedures of the State Elections
Code, as applicable to general law cities. 0
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ARTICLE X: CHARTER AMENDMENTS U_
Section 1000. Charter Amendments r
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Amendments to this Charter shall follow the procedures of the State Elections Code, as o
applicable to charter cities. v
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Section 1001. Periodic Review of Charter ">
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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 s
the council-manager form of government. v
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ARTICLE XI: SEVERABILITY
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Section 1100: Severability
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If any provision of this Charter is held invalid,the other provisions of the Charter shall not be
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affected. If the application of the Charter or any of its provisions to any persons or circumstance C
is held invalid, the application of the Charter and its provisions to other persons or 0
circumstances shall not be affected. CO
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Packet Pg. 560
Charter Committee Final Report,May 16,2016 Page 26
Attachment B: Charter Committee Working Timeline
r Attachment B: Charter Committee Working Timeline
Meeting
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Date Task or • O
5/12/15 Developed Input Questionnaire Complete
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(Survey)
5/26 Receive Input from Survey Agreed to continue to receive input on survey
Request Council approval for Complete; professional assistance provided effective
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professional input 7/7/15
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Discuss plan to develop Draft was available, but was not discussed r
Timeline E
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Discuss plan to deal with Draft was available, but was not discussed 0
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Charter topics
6/9 Discuss approach to Charter Agreed upon approach, including focusing on Charter
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Review skeleton before specific topic details
Received and reviewed Discussed
information on professional and 0
public input U
Approve plan for disseminating Complete 0
survey m
Review working timeline Complete. Timeline will be updated regularly as changes =
JOIN 0
occur
Consider form of Government Preliminary Recommendation: Council—Manager Form of U
for Charter skeleton Government in Charter Skeleton
Discuss skeleton Council Preliminary Recommendation: Maintain a Ward System
structure and powers Council o
representation for Charter
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skeleton 'q
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6/23 Meeting Cancelled
7/7 Discuss professional advisors Complete o
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and scope of work
Introduce new participants to Welcomed Committee Member Vicki Lee
Charter Committee E
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Complete discussion of skeleton Preliminary Recommendation:Council powers should be
Council structure and powers 1 limited to legislative and policy making, not administrative
and operational E
Discuss skeleton Mayor Preliminary Recommendation: Mayor should be elected t°�
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provisions at-large. m
Powers,voting privileges and impacts on ward system
deferred to next meeting U
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Packet Pg.561
6.A.a
Charter Committee Final Report,May 16,2016 Page 27
Attachment B: Charter Committee Working Timeline
Meeting
Date Task or Activity Comments/Status
U
7/14 Continue discussion of skeleton Preliminary Recommendation: Retain the current number
Mayor provisions of wards (7) 0
Preliminary Recommendation: Mayor should have no
administrative, appointment or removal powers except as 0c,
otherwise provided in the Charter
Deferred consideration of Mayor's voting rights until input
is received from the Mayor and Council members U-
Agreed to provide meeting summaries to Mayor and r
Council following each Committee meeting.
Agreed to periodically provide progress reports to the o
Mayor and Council at their regularly scheduled meetings v
Begin discussion of skeleton Preliminary Recommendation: Majority vote of all
City Manager provisions members of the Council and Mayor required for
appointment of City Manager
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7/28 Continue discussion of City Discussed. Recommendations deferred until August 11
Manager Charter Skeleton meeting(to consider results from elected official v
Discussions interviews) -a
Begin discussion of skeleton Discussion regarding City Attorney begun; R
provisions for City Clerk, City recommendations deferred until August 11 m
Attorney, City Treasurer N
8/11 Review common themes from Reviewed
Elected Official Interviews tL
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Review applicability of Discussion continued, but not completed. °'
Operating Guidelines for Good Preliminary recommendation:The Mayor shall have the 2
Governance to Charter Skeleton same voting privileges as Council members >0
Complete discussion on Mayor, Preliminary recommendation: Incorporate the roles of o0
Council, City Manager Mayor as reflected in the Operating Practices for Good
interrelationship, roles and Government(OPGG) into the Charter skeleton
authorities o
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Complete Charter skeleton Presentations by City Treasurer Kennedy and Mayor Davis d
discussion regarding City
Attorney, City Clerk,City
Treasurer
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8/25 Complete discussion on Mayor, Preliminary recommendations:
Council, City Manager • Reduce number of wards from 7 to 6 E
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interrelationship, roles and . Incorporate recommended roles for City Manager, v
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authorities Council and Mayor and Council (combined)from
OPGG into the Charter skeleton
Complete Charter skeleton Not discussed m
discussion regarding City N
Attorney, City Clerk, City
Treasurer E
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Packet Pg. 562
Charter Committee Final Report,May 16,2016 Page 28
Attachment B: Charter Committee Working Timeline
Meeting
Date Task or Activity Comments/Status
U
Charter Skeleton Discussion on Not discussed
Establishment of City o
Departments, Commissions and t:
Committees; City Officers and Q.
Fiscal Management
Discuss plans for progress Confirmed scheduling for September 21 MCC meeting
report to Mayor and Council on U.
skeleton r
9/8 Meeting Rescheduled to E
September 15 c
9/15 Charter skeleton discussion Preliminary recommendations: U
regarding City Attorney,City • Duly qualified City Attorney to be appointed by Mayor m
Clerk, City Treasurer and Council d
• Incorporate OPGG language re: City Attorney into the
Charter Skeleton
• Duly qualified City Clerk to be appointed by Mayor and
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Council o
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• Charter will contain no references to City Treasurer
Discuss Charter skeleton Preliminary recommendation: Charter will not specifically
provisions related to City mention departments except as otherwise provided or N
departments and their delineated L)
establishment L
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9/15 Review and Discuss survey Discussed
results '
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Finalize plans for progress Discussed >
report to Mayor and Council on 00
skeleton
9/21 Present Progress Report at Presented
Mayor/Council Meeting Q,
9/22 Discuss input from Mayor and Discussed, no change in skeleton based on input from
Council from 9/21 Progress Mayor and Council at this time
Report presentation, modify Discussion of whether to reconsider alternatives for d
skeleton as desired ensuring odd number of voting members—Deferred to w
next meeting agenda E
Discuss specific departments Preliminary recommendations: o
referenced in the charter to • No reference to School Districts in Charter tL
determine whether language • Include reference to Library Board of Trustees,with
should be included in charter specific powers and authority to be determined by the s
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Council m
Discuss other department or Discussion of whether services to be provided should be
agency language to include in included in the Charter— Deferred to next meeting
charter agenda
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Charter Committee Final Report,May 16,2016 Page 29
Attachment B: Charter Committee Working Timeline
Meeting
Date Task or Activity Comments/Status
v
Identify other topics to be Not discussed U
covered by the Charter o
skeleton, i.e., elections,fiscal
matters,code of ethics,etc. m
10/13 Discuss reconsideration of Discussed, but deferred to obtain input through public
alternatives to ensure odd forums
number of voting members L-
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Discuss whether to add Discussed. Alternative options to be discussed at 10/27 m
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language on services to be meeting E
provided without specifying E
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departments U
Discuss potential Police and Fire Preliminary recommendation: No reference to Police or a3i
Department skeleton Fire Department in Charter
provisions, if any
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Discuss potential civil Not discussed
service/personnel system
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skeleton provisions, if any 0
Review plans and content for Discussed
upcoming public forums CO
10/27 Discuss potential civil service/ Preliminary recommendation: No specific reference to N
personnel system skeleton Civil Service Board or Department in the Charter. Instead, to
provisions include language that the City shall establish a personnel
system.
Discuss potential Water Not discussed—deferred to November 10 meeting '
0
Department skeleton >
provisions, if any.
Finalize plans for public forums Discussed
Review potential language Preliminary recommendations: C
(possibly in a Preamble) • Add "The City shall ensure fundamental services are 00_
regarding fundamental services provided to protect and promote the public health,
I to be provided safety and welfare,"to the Charter Preamble.
• Add "The Council may establish departments and
assign departmental functions in order to meet the
needs of the community in the most effective and E
efficient manner.The Council may also establish E
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advisory or independent boards or commissions to U
provide guidance regarding the provision of City
services.Any services, boards or commissions in v
existence at the time of the adoption of the Charter m
shall continue unless and until changed by the
Council"to the skeleton section for Council
11/4 Public Forum, 6:30 p.m. Golden Valley Middle School. Held t
11/5 Public Forum, 6:30 p.m. Arroyo Valley High School. Held
11/9 Public Forum, 6:30 p.m. Indian Springs High School. Held Q
Packet Pg. 564
6'Aa
Charter Committee Final Report,May 16,2016 Page 30
Attachment B: Charter Committee Working Timeline
Meeting
Date Task or • U
11/10 Discuss potential Water Discussed. Action postponed to next meeting U
Department skeleton provisions o
Review input received at public Discussed c
forums m
Reconsider Mayoral voting and Discussed. Action postponed to next meeting W
options for ensuring odd c
number of voting members "-
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Review and discuss how charter Not discussed
issues would be treated under E
general law c
11/24 No Meeting Meeting rescheduled to December 1, 2015 U
3
12/1 Discuss potential Water Preliminary recommendations:
Department skeleton provisions . The Charter shall make reference to a department m
responsible for water,wastewater and sewer
functions with an oversight Board of Commissioners;
with their specific powers and authority to be v
determined by the Council; and with the
Commissioners to be appointed by the Council
(including the Mayor). The Board shall recommend CO
rates for water,wastewater and sewer services to the m
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Council. The City Manager shall have responsibility v
and supervision of the department.
• Include a section on Rights,Succession and Liabilities
to read:The City of San Bernardino shall continue to '
own, possess, and control all rights and property of >
every kind and nature, owned, possessed or controlled v
by it at the time this Charter takes effect and shall be
subject to all its debts, obligations and liabilities.
Reconsider Mayoral voting and Revised Recommendation: a
options for ensuring odd Retain current charter skeleton provisions for Mayoral
number of voting members voting rights and a six-ward Council system.
Compare and consider general Not discussed. U_
law vs. charter options for San Y
Bernardino E
Review and discuss other Discussed. Will discuss compensation and employment o
elements to be considered in status of Mayor and Council (full-time vs. part-time)at v
the skeleton next meeting. No other elements to be considered in the L'
skeleton.
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6.A.a
Charter Committee Final Report,May 16,2016 Page 31
Attachment B: Charter Committee Working Timeline
Meeting
Date Task or . U
12/8 Review compensation and Preliminary Recommendations: v
employment status for Mayor . Mayor shall serve essentially full time o
and Council members • Compensation for Mayor and Council will be set
periodically by the Mayor and Council following a
public hearing, and based on the recommendations of
an advisory Compensation Commission charged with
the periodic review of elected official compensation. L-
• Mayor shall be compensated higher than Council a
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members. E
Compare and consider general Preliminary Recommendations: c
law vs. charter options for San • The Committee will propose a new charter(i.e., not v
Bernardino recommend the City become general law) a3i
• Follow general law with regards to prevailing wages
(i.e., no charter exemption)
Begin discussing specific charter Directed consultant to work with City Attorney in
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language preparing a draft document for the Committee to review. s
V
12/22 No meeting Meeting rescheduled to December 29, 2015 'a
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12/29 Consider election skeleton Preliminary Recommendation:Consolidate municipal m
provisions elections with the cycle for state and federal elections(i.e., _
November of even-numbered years) N
Discuss specific charter Discussed Preamble only
language
Discuss potential public forum School District has requested 4 weeks' notice
dates '
0
1/12 Continue work on specific Discussed Articles I, II, and portions of Article III.
language 11
Discuss progress report to Progress report scheduled for Feb 1. Staff report due to
Mayor and Council and City Clerk on 1/26/16.
upcoming public forums d
1/26 Continue work on specific Discussed
language
2/1 Present progress report at Continued to 2/29/16 special meeting E
Mayor/Council meeting Y
2/10 Public Forum, 6:30 p.m. Middle College High School Multi-use Room (Ward 3)– E
Rescheduled due to low attendance at request of U
Councilmember Valdivia
2/16 Present progress report at Continued to February 29 special meeting
Mayor/Council meeting i
2/22 Public Forum, 6:30 p.m. Chavez Middle School Multi-use Room(Ward 5)–Held CO
2/23 Continue working on specific Meeting not held due to lack of quorum c
language E
2/24 Public Forum, 6:30 p.m. San Bernardino High School, Choir Room (Ward 2)–Held
2/25 Public Forum, 6:30 p.m. San Gorgonio High School Multi-use Room (Ward 7)—Held C
Packet Pg. 566
6.A.a
Charter Committee Final Report,May 16,2016 Page 32
Attachment B: Charter Committee Working Timeline
Meeting
Date Task or Activity Comments/Status
C3
2/29 Present progress report at Presented v
Mayor/Council meeting o
3/3 Public Forum, 6:30 p.m. Urbita Elementary School (rescheduled for Ward 3 ) -- Held L
0
3/8 Continue working on specific Discussed C
language
Discuss future advocacy and Discussed c
education role and u-
responsibilities of the Charter
Committee once report has E
been presented o
Review public forum results Discussed v
Discuss Mayor and Council Discussed 3
2
input from Progress Report
3/8 Continue working on specific Discussed
language
Discuss future advocacy and Discussed v
education role and
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responsibilities of the Charter in
Committee once report has
been presented N
Review public forum results Discussed
Discuss Mayor and Council Discussed
input from Progress Report
3/22 Continue working on specific Discussed. Completed first draft of preliminary charter o
language
Discuss workshop with Mayor Discussed v
and Council
Discuss Committee's final Not discussed C
report and presentation to m
Mayor and Council
4/19 Review revised organizational Discussed
structure under draft proposed d
new charter
I Discuss workshop with Mayor Discussed E
and Council o
Discuss Committee's Final Discussed U
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Report and Presentation to
Mayor and Council L)
Discuss Draft Proposed Charter Discussed
4/25 Workshop with Mayor and 5:30 p.m., EDA Board Room
Council to discuss preliminary Workshop held E
Charter recommendations
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Packet Pg. 567
Charter Committee Final Report,May 16,2016 Page 33
Attachment B: Charter Committee Working Timeline
Meeting
_.
Date Task or Activity Comments/Status
U
4/26 Discuss revisions to the Discussed. Some language delegated to a subcommittee U
proposed Charter based on of three members to reach consensus. 0
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workshop with Mayor and o
Council CL
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5/3 Discuss revisions to the Discussed. Subcommittee changes affirmed by W
proposed Charter based on Committee. f°
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workshop with Mayor and Recommendation: The Charter Committee recommends U-
Council that the Council place the proposed Charter as drafted on
the November 8, 2016 ballot for consideration by the E
City's voters. E
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Review draft Committee final Discussed. Final report wordsmithing delegated to the U
report to Mayor and Council Committee Chair.
Review and discuss Discussed
presentation of Committee
report
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5/16 Present Charter Committee Scheduled c
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Report to Mayor and Council
Future meetings of the Charter To be determined a
Committee to discuss education CO
outreach efforts N
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