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Revisions to Stockton City Charter
City of Stockton
Charter Amendment - Majority Approval Required
Pass: 22441 / 58.74% Yes votes ...... 15763 / 41.26% No votes
Index of all Measures
|Results as of Nov 24 11:48am, 100.0% of Precincts Reporting (144/144)|
|Information shown below: Impartial Analysis | Arguments | Full Text|
Shall the Stockton City Charter be amended to revise the Introduction; amend criteria for determining the Mayor's compensation; revise certain restrictions on, and benefits of, officers and employees; delete certain requirements as to the qualifications and process for selection of certain Fire Department and other employees; revise certain public bidding procedures and delegate to the City Council the determination of the administrative spending authority of the City Manager?
The Stockton City Council has placed a measure to amend the city charter, designated as Measure "C," on the November 4, 2014 ballot. Pursuant to California Constitution Article XI, Section 3, a majority of the voters must approve the measure, and if approved it must be filed with the Secretary of State before it is effective.
The measure would amend various sections of the city charter, which are addressed below, and the Introduction to the city charter, which contains a historical narrative pertaining to the city charter but has no legal consequence.
Under Article IV, Section 410 of the city charter, the salary of the Mayor as set by the Council Salary Setting Commission may not be less than the Chair of the Board of Supervisors and the compensation of the Mayor and Council must be set taking into account the compensation of other public and private positions with similar duties, responsibilities, and obligations. The measure would remove those limitations on the discretion of the Council Salary Setting Commission with regard to the compensation of the Mayor and members of the Council. The measure would also permit the Council to reduce the salary of the Mayor and Council at any time by a 2/3 vote.
The measure would amend Article X by prohibiting the City from employing a former Mayor or former member of the Council until one year has passed following expiration of his or her service as Mayor or member of the Council. The measure would also clarify and rephrase certain conflict of interest provisions and remove outmoded language pertaining to military leave and employment qualifications.
Under the city charter the administrative spending authority of the City Manager is capped at $20,000.00 (currently adjusted for inflation to $33,018.00). The measure would amend Article XII, Section 1201(g) and Article XX, Section 2002 to remove the stated dollar limitation from the city charter and provide for adoption of an administrative spending limit by ordinance.
Current Article XVI, Section 1605 of the city charter addresses the appointment of chief officers to certain supervisory positions in the city fire department. The measure would entirely remove this section from the city charter.
Article XX of the city charter addresses bidding for contracts and supplies and currently requires that contracts over $20,000.00 (currently adjusted for inflation to $33,018.00) be awarded through a process of competitive bidding. By amending Sections 2000 and 2001 the measure would require the Council to provide a competitive method for awarding contracts for public works, goods, and services by ordinance, and remove the requirement that requests for proposals be brought to the Council for authorization prior to their issuance.
Dated: 7/29/14 /s/ John M. Luebberke, City Attorney
|Arguments For Measure C||Arguments Against Measure C|
|Measure C is about modern, efficient government. For too long the City of Stockton has operated with outdated policies that have led to inefficient and wasteful practices. As the City moves forward to recovery, it is necessary to adopt modern policies.
It is natural over time for communities to grow and for their laws to evolve. The purpose of a City Charter is to establish the fundamental principles upon which a community bases its laws. The Stockton Charter is overdue for changes that more accurately reflect the new direction of this community. The Stockton City Charter has outdated language, unclear statements and conflicts with State and Federal laws. The Stockton Charter is far behind current practices that have been adopted by other cities.
Measure C proposes updates that will make the Charter more organized, clear and succinct. The updates clarify vague language and remove provisions in opposition with State and Federal law. The revisions bring Charter sections up to date with practices accepted by successful and progressive cities. The amendments will lead to greater effectiveness in City operations.
The Charter amendments proposed by Measure C are the result of a review process that was adopted to foster a robust, organized, and deliberate public conversation that would reflect the views of the City's diverse constituencies without giving undue weight to the pursuit of special interests or specific agendas. In addition, the proposed amendments are based on extensive research and analysis of modern practices from other cities.
A YES vote means progress towards modern, efficient government with policies that reflect the new direction of Stockton and drive the City toward a brighter future.
A NO vote means that Stockton remains behind the times, with outdated policies that hold us in the past instead of continuing our recovery.
Please vote YES ON C.
/s/ Katherine M. Miller, Councilmember, Dist. 2 /s/ Cynthia Summers, Vice-Chair, Charter Review Advisory Committee
NO ARGUMENT AGAINST MEASURE C HAS BEEN SUBMITTED
|Full Text of Measure C|
|PROPOSED AMENDMENTS TO CITY OF
THE PEOPLE OF THE CITY OF STOCKTON DO ORDAIN, AS FOLLOWS:
The Introduction to the City of Stockton Charter shall be amended to read as follows:
The City of Stockton was founded in June of 1849, during the year following the signing of the Treaty of Guadalupe Hidalgo between the United States and Mexico.
California operated under
The new Constitution of 1879 revolutionized municipal
government in California by permitting any city of over 100,000 people to frame its own Charter, subject to ratification by the Legislature
Stockton's first local Charter under the 1879 Constitution was approved by the voters in 1888 and ratified by the State Legislature in 1889.
In the year 1921, there was considerable sentiment for a change from the commission form to the city manager-council form of government. Early in 1922, twelve leading civic organizations requested the Commission to call an election for the selection of fifteen freeholders who should propose a new charter. The Commission complied with this request and a
The City Charter has been amended
A special acknowledgement to William Biddick, Jr
Article IV of the City of Stockton Charter, section 410, shall be revised to read as follows:
SECTION 410. Compensation.
Each member of the Council, including the Mayor, shall be paid as compensation for his or her services as a member of the Council, for each calendar month during which he or she is a member of the Council, a monthly salary together with appropriate benefits, which shall be established by ordinance adopted pursuant to and in accordance with the provisions hereinafter set forth in this Section. No salary shall be established for any member of the Council, including the Mayor, except as provided in this Section.
Between March 1st and April 30th of every odd-numbered year, the Council Salary Setting Commission shall recommend to the Council the amount of monthly salary and the benefits which it deems appropriate for the members of the Council, including the Mayor, for the two-year period commencing July 1st of that odd-numbered year. The amount recommended for each Councilmember shall be the same. The amount recommended for the Mayor may exceed that of the other members of the Council
No recommendation shall be made except upon the affirmative vote of three (3) members of the Commission. Failure of the Commission to make a recommendation in any year within the time prescribed shall be deemed to mean a recommendation that no changes be made.
Each biennial recommendation, together with the reasons therefor, shall be made in writing. Before it submits any such recommendation to the Council, the Commission shall conduct at least one public hearing on the matter. When such a recommendation has been submitted to the Council, it shall not thereafter be amended by the Commission.
The Council shall, by ordinance, which shall be subject to the referendum provisions of this Charter, adopt the salaries as recommended by the Commission, or in some lesser amount, but in no event may it increase the amount. Salaries of the Councilmembers and Mayor may be reduced at any time by a two-thirds (2/3) vote of the Council.
Salaries established by ordinance adopted pursuant to the provisions of this section shall remain in effect until amended by a subsequent ordinance adopted pursuant to the provisions of this Section.
The compensation being paid to the Councilmembers as of the effective date of this section shall continue until established as required by this section.
Article X of the City of Stockton Charter shall be amended to read as follows:
ARTICLE X OFFICERS AND EMPLOYEES
SECTION 1000. Restrictions.
A. No person
SECTION 1001. Vacation
All officers and regular employees of the City
SECTION 1002. Qualifications Prescribed by Ordinance.
Notwithstanding any other provisions of this Charter to the contrary, in the event that the City assumes, by annexation, contract, or otherwise, any of the functions of any special district or any other agency or entity, the City Council may prescribe by ordinance the qualifications and conditions, including, but not limited to, residency, rank, compensation, and seniority, applicable to the employment by the City of employees of the special district, agency or entity from which functions are assumed. Qualifications for and conditions of said employment shall comply with rules and regulations of the Civil Service Commission regarding retirement seniority, minimum age,
Article XII of the City of Stockton Charter, section 1201, shall be revised to read as follows:
SECTION 1201. Chief Administrative Officer.
The City Manager shall be the chief administrative officer of the City. He or she shall be responsible to the Council for the efficient administration of all the affairs of the City placed in his or her charge by or under this Charter. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have the following powers and duties:
(a) Except as otherwise provided elsewhere in this Charter, the City Manager shall appoint all officers and employees of the City; and, when he or she deems it necessary for the good of the service, the City Manager may, subject to the above-mentioned limitations, suspend without pay, demote, discharge, remove or discipline any City officer or employee whom under this Charter is appointed by the City Manager; provided, however, that the City Manager shall not appoint to any position any business associate or any person related to him or her or to any member of the City Council by blood or marriage within the third degree, except that the foregoing prohibition against nepotism may be waived by a vote of at least two-thirds (2/3) of the members of the City Council if the City Council finds that the proposed appointment is in the interest of the City;
(b) Except as otherwise provided elsewhere by this Charter, the City Manager shall direct and supervise the administration of all departments, offices and agencies of the City;
(c) The City Manager shall attend all regular and special meetings of the Council, other than closed executive sessions where the City Manager or another Council appointee is the subject of discussion, and to take part in its discussions, but not to vote. If the City Manager is unable to attend any regular or special meeting of the Council, he or she shall notify the Council in writing of such inability and set forth his or her reasons for non-attendance;
(d) The City Manager shall be responsible for the faithful execution of all laws, provisions of this Charter, and acts of the Council which are subject to enforcement by the City Manageror by officers who are under the City Manager's direction and supervision;
(e) The City Manager shall prepare and submit the annual budget to the Council in accordance with the provisions of Article XIX of this Charter;
(f) The City Manager shall recommend to the Council for adoption such measures and ordinances as the City Manager may deem necessary or expedient;
(g) The City Manager may make and execute contracts and authorize expenditures
(h) The City Manager shall submit an annual report on the finances and administrative activities of the City as of the end of the preceding fiscal year to the Council at a public meeting to be held within thirty days following receipt of the Annual Financial Statement. The annual report, which shall be personally certified by the City Manager to be accurate and complete, shall contain a statement indicating:
(1) Whether the revenues budgeted for the preceding fiscal year were actually received, and an explanation concerning any material differences between the total revenues budgeted and the revenues actually received;
(2) The extent to which expenditures budgeted actually were incurred, and an explanation for any material variance between budgeted expenditures and actual expenditures;
(3) The amount of the financial reserves of the city;
(4) All other information which, in the opinion of the City Manager, is necessary to provide an accurate and complete picture of the fiscal status and condition of the city. The report shall be in a form which is susceptible to confirmation by audit. It shall be made available to the public in the Office of the City Clerk.
(i) The City Manager shall make such other reports as the Council from time to time may request concerning the operations of City departments, offices and agencies subject to his or her direction and supervision; shall keep the Council fully advised as to the financial condition and future needs of the City; and make such recommendations to the Council concerning the affairs of the City as he or she deems desirable or as requested by Council;
(j) The City Manager shall appoint such advisory boards and committees as may be necessary or desirable to advise and assist in the work of the City Manager; provided, however, that the members of such boards shall not receive any compensation.
(k) The City Manager shall exercise such other powers, and shall perform such other duties, as are specified in this Charter or as authorized or required by the Council.
Article XVI of the City of Stockton Charter, section 1605, shall be deleted from the Charter as follows:
Article XX of the City of Stockton Charter shall be revised to read as follows:
ARTICLE XX PUBLIC CONTRACTS AND SUPPLIES
SECTION 2000. Letting of Certain Contracts.
The City Council by ordinance shall provide for a competitive method of awarding contracts for public works, services, and the purchase of materials and supplies.
SECTION 2001. Awarding of Contracts Without Bidding.
The ordinance shall permit the award of contracts without competitive bidding in cases where the City Council has approved findings which support and justify exceptions to the competitive bidding process. Those circumstances may include, but are not limited to:
(a) Cases of emergencies;
(b) Negotiated contracts following solicitation of competitive proposals instead of sealed bids;
(c) Sole source vendors.
The City Manager shall recommend and the City Council shall consider and adopt by ordinance the administrative spending authority of the City Manager.