City of Stockton

Meeting Agenda - Final Stockton Charter Review Advisory Commission

Howard Seligman, Chair Cynthia Summers, Vice Chair Commissioners: Marcie Bayne Eddie Brown Kevin Dougherty Lecia Harrison Nicholas Hatten Jorge Martinez Ellen Powell Jeff Sanguinetti Dale Stocking Lanston Sylvester Max Vargas Peter Viri Ralph White
Wednesday, August 28, 2013 6:00 PM

Stockton Charter Review Advisory Commission

Civic Auditorium, Walnut Room, 525 N. Center Street, Stockton, CA

1. 2.

CALL TO ORDER/ROLL CALL PUBLIC COMMENT

*Citizens may comment on any subject within the jurisdiction of the Board or Commission, including items on the Agenda. Each speaker is limited to three minutes. Speakers must submit Request to Speak cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizens Comments portion of the meeting.

3.
3.1

ITEM(S) FOR DISCUSSION

13-0698 ARGUMENTS AND PROPOSED REVISIONS TO CHARTER INTRODUCTION
Department:

City Clerk

3.2

13-0699

ARGUMENTS AND PROPOSED REVISIONS TO CHARTER ARTICLE XVI - FIRE DEPARTMENT

Department:

City Clerk

3.3

13-0697

ARGUMENTS AND PROPOSED AMENDMENTS TO CHARTER ARTICLE XXIV - PLANNING COMMISSION

Department:

City Clerk

3.4

13-0700

ARTICLE X - OFFICERS AND EMPLOYEES

Recommended Section for Review:

Department:

Article X, Section 1000

City Clerk

3.5

13-0706 ARTICLE X - OFFICERS AND EMPLOYEES

City of Stockton

Page 1

Printed on 8/22/2013

Stockton Charter Review Advisory Commission

Meeting Agenda - Final

August 28, 2013

Recommended Section for Review:

Department:

Article X, Section 1002

City Manager

4. 5. 6.

UNFINISHED BUSINESS COMMISSIONER COMMENTS ADJOURNMENT

INFORMATIONAL ITEMS

City of Stockton

Page 2

Printed on 8/22/2013

City of Stockton
Meeting Agenda - Draft Stockton Charter Review Advisory Commission
Howard Seligman, Chair Cynthia Summers, Vice Chair Marcie Bayne, Commissioner Eddie Brown, Commissioner Kevin Dougherty, Commissioner Lecia Harrison, Commissioner Nicholas Hatten, Commissioner Jorge Martinez, Commissioner Ellen Powell, Commissioner Jeff Sanguinetti, Commissioner Dale Stocking, Commissioner Lanston Sylvester, Commissioner Max Vargas, Commissioner Peter Viri, Commissioner Ralph White, Commissioner
Wednesday, August 28, 2013 6:00 PM

Stockton Charter Review Advisory Commission

Civic Auditorium, Walnut Room, 525 N. Center Street, Stockton, CA

1. 2.

CALL TO ORDER/ROLL CALL PUBLIC COMMENT

*Citizens may comment on any subject within the jurisdiction of the Board or Commission, including items on the Agenda. Each speaker is limited to three minutes. Speakers must submit Request to Speak cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizens Comments portion of the meeting.

3.
3.1

ITEM(S) FOR DISCUSSION

13-0698 ARGUMENTS AND PROPOSED REVISIONS TO CHARTER INTRODUCTION
Approve arguments and proposed revisions to Charter Introduction as presented (Commissioners Viri / Vargas). City Clerk

Recommended Action:

Department:

3.2

13-0699

ARGUMENTS AND PROPOSED REVISIONS TO CHARTER ARTICLE XVI - FIRE DEPARTMENT

Approve arguments and proposed revisions to Charter Article XVI Sections 1600-1608 as presented (Commissioner Sanguinetti). City Clerk

Recommended Action:

Department:

City of Stockton

Page 1

Printed on 8/22/2013

Stockton Charter Review Advisory Commission

Meeting Agenda - Draft

August 28, 2013

3.3

13-0697

ARGUMENTS AND PROPOSED AMENDMENTS TO CHARTER ARTICLE XXIV - PLANNING COMMISSION

Approve proposed arguments and amendment to Charter Article XXIV Section 2400 Appointment of Members; Terms of Office (Commissioner Bayne). City Clerk Attachment A - Article XXIV arguments

Recommended Action:

Department: Attachments:

3.4

13-0700

ARTICLE X - OFFICERS AND EMPLOYEES

Recommended Section for Review:

Department: Attachments:

Article X, Section 1000

City Clerk Attachment A - Article X Sec 1000 Attachment B - Article X Section 1000 - Redline

3.5

13-0706 ARTICLE X - OFFICERS AND EMPLOYEES

Recommended Section for Review:

Department: Attachments:

Article X, Section 1002

City Manager Atachment A - Article X Sec. 1002

4. 5. 6.

UNFINISHED BUSINESS COMMISSIONER COMMENTS ADJOURNMENT

INFORMATIONAL ITEMS

City of Stockton

Page 2

Printed on 8/22/2013

ITEM FOR DISCUSSION

AGENDA ITEM 3.1

City of Stockton
Legislation Text
File #: 13-0698, Version: 1 Charter Review Advisory Commission ARGUMENTS AND PROPOSED REVISIONS TO CHARTER INTRODUCTION Approve arguments and proposed revisions to Charter Introduction as presented (Commissioners Viri / Vargas).

City of Stockton

Page 1 of 1

Printed on 8/22/2013

ITEM FOR DISCUSSION

AGENDA ITEM 3.2

City of Stockton
Legislation Text
File #: 13-0699, Version: 1 Charter Review Advisory Commission ARGUMENTS AND PROPOSED REVISIONS TO CHARTER ARTICLE XVI - FIRE DEPARTMENT Approve arguments and proposed revisions to Charter Article XVI Sections 1600-1608 as presented (Commissioner Sanguinetti).

City of Stockton

Page 1 of 1

Printed on 8/22/2013

ITEM FOR DISCUSSION

AGENDA ITEM 3.3

City of Stockton
Legislation Text
File #: 13-0697, Version: 1 Charter Review Advisory Commission ARGUMENTS AND PROPOSED AMENDMENTS TO CHARTER ARTICLE XXIV - PLANNING COMMISSION Approve proposed arguments and amendment to Charter Article XXIV Section 2400 Appointment of Members; Terms of Office (Commissioner Bayne).

City of Stockton

Page 1 of 1

Printed on 8/22/2013

Article XXIV City Planning Commission

SECTION 2400 APPOINTMENT OF MEMBERS; TERMS OF OFFICE

The purpose of this section is to outline how Planning Commissioners are appointed to their office. The Planning Commission is a body which should be representative of the voters in the City of Stockton. As the current Charter states they are appointed to terms of office that are concurrent with the terms for City Council Members and Mayor. They are currently appointed by the elected representatives with an emphasis on elected representatives. The elected city council member selects a candidate from their district and the Mayor selects from the City at large. To change the language to allow for an appointed councilmember to make such appointment could mean the voters could possibly lose their voice on the Planning Commission at least until the next election. It needs to remain a representative body of the voters of the City. 159 words Marcie T Bayne Charter Review Commissioner

ITEM FOR DISCUSSION

AGENDA ITEM 3.4

10

City of Stockton
Legislation Text
File #: 13-0700, Version: 1 Charter Review Advisory Commission ARTICLE X - OFFICERS AND EMPLOYEES Recommended Section for Review: Current Charter Language: Article X, Section 1000. Restrictions No person shall be elected or appointed to any office, position, or employment, the compensation of which was increased or fixed by the City Council while said person was a member thereof, until after the expiration of one (1) year from the date when such person ceased to be a member of the City Council. No Councilmember or City Manager shall be interested directly or indirectly in any contract or transaction with the City or any department, board, officer, or employee thereof acting in official capacity, nor become surety for the performance of any contract made with or for the City upon bonds given to the City. No other officer or employee of the City shall be interested in any contract or transaction made by such officer or employee in official capacity, nor by any body or board of which such officer or employee is a member or by any subordinates nor become surety for the performance of any contract made with or for the City upon bonds given to the City. No officer, clerk, assistant, or employee shall receive any commission, money, or thing of value, or derive any profit, benefit, or advantage, directly or indirectly, from or by reason of any dealings with or service for the City by such officer, clerk, assistant, or employee or others, except lawful compensation as such officer, clerk, assistant, or employee. Any contract or transaction made in violation of the provisions of this section may be voided at the election of the City Council. Any willful violation of the provisions of this section by any City officer or employee shall work the forfeiture of such office or employment. Recommended Charter Language: Article X, Section 1000. Restrictions A. No person elected or appointed to the City Council or to the office of Mayor shall be appointed to any City office, position or employment until one year has passed following the expiration of his or her service as a member of the City Council or Mayor. B. No officer or employee of the City shall receive any commission, money, or thing of value, or derive any profit, benefit, or advantage, directly or indirectly, from or by reason of any dealings with or service for the City by such officer or employee or others, except lawful compensation as such officer or employee.
City of Stockton Page 1 of 3

Article X, Section 1000

11

Printed on 8/22/2013

File #: 13-0700, Version: 1 C. The City Council may elect to void any contract or transaction made in violation of this section. D. Any officer or employee who willfully violates this section shall forfeit such office or employment. Problem Statement The current language of section 1000 is awkward and some of what is addressed is preempted by state law. Also, the formatting of the current section, which contains several distinct ideas that are not set out independently, is unnecessarily convoluted and confusing. Background Section 1000 contains three independent restrictions on officers and employees of the City, which are difficult to readily discern because of the awkward manner in which the section is drafted. In the paragraphs that follow each restriction is set out for independent discussion and analysis, while each proposed amendment is described and the rationale for its inclusion is explained. The first restriction represents an anti revolving door provision, wherein members of the Council are restricted from immediately stepping into a position of City employment. No person shall be elected or appointed to any office, position, or employment, the compensation of which was increased or fixed by the City Council while said person was a member thereof, until after the expiration of one (1) year from the date when such person ceased to be a member of the City Council. This provision obviously would prevent a member of the City Council from stepping into the position of a Council appointee (City Manager, City Attorney, City Clerk or City Auditor) immediately upon leaving office. However, as a practical matter, the Council sets the compensation for all employees through the budget and so this could be read to require a one year hiatus between service on the Council and any City employment. The proposed amendment (subparagraph A, above) would make this restriction plain and unambiguous. The second restriction amounts to a local prohibition on public officials being interested in City contracts with which they have any involvement while in their official capacity. The terms of this restriction are set out below: No Councilmember or City Manager shall be interested directly or indirectly in any contract or transaction with the City or any department, board, officer, or employee thereof acting in official capacity, nor become surety for the performance of any contract made with or for the City upon bonds given to the City. No other officer or employee of the City shall be interested in any contract or transaction made by such officer or employee in official capacity, nor by any body or board of which such officer or employee is a member or by any subordinates nor become surety for the performance of any contract made with or for the City upon bonds given to the City. This second restriction has created substantial confusion both by its less than artful language, and its
City of Stockton Page 2 of 3

12

Printed on 8/22/2013

File #: 13-0700, Version: 1 overlap with state law. The state has through Government Code section 1090, et seq., provided for a restriction essentially identical to that which is provided here. The remedies and penalties for its violation are also similar under state law. Under state law a violation of section 1090 can carry criminal penalties as well as cause the avoidance of contractual obligations and transactions. Simply put, this restriction is redundant and unnecessary. Also, because this restriction so closely tracks the state law a court would likely find its terms are preempted. For the reasons set out above, the proposed amendment would delete this restriction in its entirety. The third restriction involves a prohibition regarding extra compensation or the payment of gratuities or kick-backs to City employees. The current language is as follows: No officer, clerk, assistant, or employee shall receive any commission, money, or thing of value, or derive any profit, benefit, or advantage, directly or indirectly, from or by reason of any dealings with or service for the City by such officer, clerk, assistant, or employee or others, except lawful compensation as such officer, clerk, assistant, or employee. The main thrust of this restriction is to prohibit any employee from extracting financial gain from his or her City position through gratuities or kick-backs, in excess of lawful compensation. The proposed amendment (subparagraph B, above) would not materially alter the terms of the restriction, but would remove redundant language. The remaining portion of the section addresses potential remedies and penalties for violations of the restrictions set out in this section. These remedies include the ability to avoid certain contracts and the potential forfeiture of office or employment. Any contract or transaction made in violation of the provisions of this section may be voided at the election of the City Council. Any willful violation of the provisions of this section by any City officer or employee shall work the forfeiture of such office or employment. As it is presently written, the remedy of avoidance of contract is in conflict with state law to the extent that is applies to any contract wherein a member of the Council is financially interested. According to state law such a contract would be void, not voidable as provided in section 1000. In the recommended amendments this conflict is avoided by the removal of the second restriction, which deals specifically with contracts. It is therefore recommended that the remedy and penalty provisions be retained in substance, but rephrased using more simple and direct language (subparagraphs C and D, above). Background Materials Attachment A - Current Charter Section 1000 Attachment B - Proposed Amendments to Charter Section 1000 (redline)

City of Stockton

Page 3 of 3

13

Printed on 8/22/2013

ARTICLE X OFFICERS AND EMPLOYEES

SECTION 1000.

RESTRICTIONS.

See Historical Notes at end of Article. No person shall be elected or appointed to any office, position, or employment, the compensation of which was increased or fixed by the City Council while said person was a member thereof, until after the expiration of one (1) year from the date when such person ceased to be a member of the City Council. No Councilmember or City Manager shall be interested directly or indirectly in any contract or transaction with the City or any department, board, officer, or employee thereof acting in official capacity, nor become surety for the performance of any contract made with or for the City upon bonds given to the City. No other officer or employee of the City shall be interested in any contract or transaction made by such officer or employee in official capacity, nor by any body or board of which such officer or employee is a member or by any subordinates nor become surety for the performance of any contract made with or for the City upon bonds given to the City. No officer, clerk, assistant, or employee shall receive any commission, money, or thing of value, or derive any profit, benefit, or advantage, directly or indirectly, from or by reason of any dealings with or service for the City by such officer, clerk, assistant, or employee or others, except lawful compensation as such officer, clerk, assistant, or employee. Any contract or transaction made in violation of the provisions of this section may be voided at the election of the City Council. Any willful violation of the provisions of this section by any City officer or employee shall work the forfeiture of such office or employment.
(Amended Election 11/8/94 effective 5/22/95; Amended Election 10/11/49 effective 12/19/49)

14

ATTACHMENT B

ARTICLE X OFFICERS AND EMPLOYEES

SECTION 1000.

RESTRICTIONS.

See Historical Notes at end of Article. A. No person shall be elected or appointed to any office, position, or

employment, the compensation of which was increased or fixed by the City Council while said person was a member thereof, until after the expiration of one (1) year from the date when such person ceased to be a member of the City Council to the City Council or to the office of Mayor shall be appointed to any City office, position or employment until one year has passed following the expiration of his or her service as a member of the City Council or Mayor. B. No Councilmember or City Manager shall be interested directly or indirectly in

any contract or transaction with the City or any department, board, officer, or employee thereof acting in official capacity, nor become surety for the performance of any contract made with or for the City upon bonds given to the City. No other officer or employee of the City shall be interested in any contract or transaction made by such officer or employee in official capacity, nor by any body or board of which such officer or employee is a member or by any subordinates nor become surety for the performance of any contract made with or for the City upon bonds given to the City. No officer, clerk, assistant, or employee shall receive any commission, money, or thing of value, or derive any profit, benefit, or advantage, directly or indirectly, from or by reason of any dealings with or service for the City by such officer, clerk, assistant, or employee or others, except lawful compensation as such officer, clerk, assistant, or employee. No officer or employee of the City shall receive any commission, money, or thing of value, or derive any profit, benefit, or advantage, directly or indirectly, from or by reason of any dealings with or service for the City by such officer or employee or others, except lawful compensation as such officer or employee.

15

ATTACHMENT B C. Any contract or transaction made in violation of the provisions of this section

may be voided at the election of the City Council. The City Council may elect to void any contract or transaction made in violation of this section. D. Any willful violation of the provisions of Any officer or employee who willfully

violates this section by any City officer or employee shall work the forfeiture of forfeit such office or employment.
(Amended Election 11/8/94 effective 5/22/95; Amended Election 10/11/49 effective 12/19/49)

16

ITEM FOR DISCUSSION

AGENDA ITEM 3.5

17

City of Stockton
Legislation Text
File #: 13-0706, Version: 1 Charter Review Advisory Commission ARTICLE X - OFFICERS AND EMPLOYEES Recommended Section for Review: Current Charter Language: Article X, Section 1002 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, height, weight, and promotional eligibility. Recommended Charter Language: Article X, Section 1002 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, height, weight, and promotional eligibility. Problem Statement The Charter reference to minimum height and weight requirements is no longer legally permissible, and as such does not comport with the Citys current practices. Therefore, Staff is recommending the removal of this language to comply with current legal principles and the Citys practices. Background This section was originally elected in October 1973 and first became effective January 1974
City of Stockton Page 1 of 2

Article X, Section 1002

18

Printed on 8/22/2013

File #: 13-0706, Version: 1 (originally Article VII, Section 14, and renumber November 8, 1994, to current Article X, Section 1002). Height and weight requirements, especially in law enforcement positions, were not uncommon during this time and many other cities and counties had similar requirements. However, subsequent legal challenges to these requirements throughout California began in the late 1970s and early 1980s. In various jurisdictions and multiple court decisions have held that these height and weight requirements have a discriminatory impact as these requirements tend to exclude individuals based on national origin - and as such a discriminatory adverse impact, even though the total selection process is not adverse in impact. In keeping with these legal decisions, the City practices do not require any minimum height and weight requirements and there are no Municipal Code sections, Civil Service Rules or classification specifications that reference any minimum height and weight qualifications. Therefore, there are no further amendments that are necessary in order to completely remove any references to these outdated requirements. To this end, Staff is only recommending the deletion of this inapplicable and outdated language, and the removal of this language without any further changes are encompassing of what is necessary to comply with the Citys current practices and the current legal requirements. Background Materials Attachment A - City Charter Article X, Section 1002 Charter Comparisons Comparable cities charters no longer include this information due to legal compliance.

City of Stockton

Page 2 of 2

19

Printed on 8/22/2013

ATTACHMENT A

ARTICLE X OFFICERS AND EMPLOYEES

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, height, weight, and promotional eligibility.
(Amended Election 11/8/94 effective 5/22/95; Amended Election 10/9/73 effective 1/17/74) Historical Notes: The title of this Article was amended Election 11/8/94 effective 5/22/95. Prior to Election of 11/8/94 this Article was numbered VII. Section 1**: Amended Election 10/11/49 effective 12/19/49; Amended Election 10/9/51 effective 3/6/52; Amended Election 10/13/53 effective 3/16/54; Repealed Election 10/11/77 effective 11/2/77. Section 3**: Reserved. Section 4**: Repealed Election 11/8/94 effective 5/22/95. Section 5**: Amended Election 10/14/47 effective 3/3/48; Repealed Election 11/8/94 effective 5/22/95. Section 6-7**: Repealed Election 10/14/47 effective 3/3/48. Section 8**: Repealed Election 11/8/94 effective 5/22/95. Section 10-13**: Repealed Election 11/8/94 effective 5/22/95. These section numbers refer to a numbering system that was in place prior to the Election of 11/8/94.

20