Charter Review, Post 6

Continuing to focus on how the current charter with items that might warrant consideration by the new commission, and what the last charter review determined. To view the entire current city charter go to: https://www.ci.pomona.ca.us/mm/cityhall/pdf/city_charter.pdf

ARTICLE VI – City Manager

This is the part of the charter that deals with the city manager, how they’re chosen, and what their duties are among others. There were no recommendations in 2010 for this entire article.

Section 601 deals with the office and the appointment to the office. There are 5 lettered paragraphs in this section. a) states that the city manager shall be the chief administrative officer of the city (no, this is not the mayor), b) goes into how the position is appointed, that their term is indefinite and that the sole criteria is executive and administrative qualifications, c) states that the City Manager shall have compensation set by the city council and shall devote full time to City Manager duties, d) this one deserves to be quoted exactly

“Separation of Powers. Except as otherwise provided in this Charter, neither the Council nor any of its members shall interfere with the execution of the City Manager's powers and duties. The Council and its members shall deal with the administrative service under the City Manager solely through the City Manager. Councilmembers may make inquiries or discuss matters with subordinates of the City Manager; however, no Councilmember may direct staff in matters relating to setting or changing City policy”,

e) states that the city manager may be removed at any time by a majority vote of the city council.

Section 602 just states that no person who has within the past three years sat on the city council may be considered for the position of city manager. Section 603 is another long section which delineates the duties of the city manager, with Section 604 stating, “At least annually the City Manager's performance shall be reviewed by the Council.” Note that there is nothing here about an outside review process or delaying review of the city manager. It clearly states that THE COUNCIL SHALL do a review, AT LEAST annually. (emphasis mine). The final section, 605 covers a temporary city manager in the advent that the city manager cannot perform their duties for any reason.

ARTICLE V – Other Officers, Departments and Employees and General Provisions

This article covers the organization of the city with specific sections on: City Clerk, City Attorney, City Treasurer, Department and Director of Finance, Police Department and Chief, Additional Departments, and other sections on the duties of city staff.

This is one of those areas where, unfortunately, the city is out of compliance with our own city charter. Section 701 clearly states:

Sec. 701. Administrative Organization.

The Council may establish City departments, offices or agencies in addition to those created by this Charter and may prescribe their functions except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other. The Council shall encourage that officers, deputies, and employees of the City be or become residents of the City.

There shall be an office of City Clerk, City Attorney, City Treasurer, Director of Finance, and Chief of Police. (emphasis added).

The reason that I suggest that we're out of compliance with our charter is that, I believe, currently the same person is both finance director and city treasurer. While I understand that combining these roles was done for sound fiscal reasons, this is specifically prohibited by the charter since both City Treasurer and Director of Finance are stated as offices in the charter that the city SHALL have.

The next several sections go over subjects related to departments and policies such as: appointment of department heads, nepotism, administering oaths, retirement system, political activity, oath of office, and nondiscrimination. There is also a list of things that are prohibited for city employees including: lying, bribing, or political fundraising. Anyone convicted of such offenses shall forfeit their position and not be allowed to hold any position with the city for five years.

The last charter review had no recommended changes in any of these areas.

NEXT TIME:

Article VIII. Appointive Boards and Commissions and Article IX. Elections

Charter Review, Post 5

Continuing to focus on how the current charter but that might warrant consideration by the new commission, and what the last charter review determined. To view the entire current city charter go to: https://www.ci.pomona.ca.us/mm/cityhall/pdf/city_charter.pdf

ARTICLE IV -- Elective Officers

This is the part of the charter that deals with who is elected, how they are elected, eligibility, and what their duties are.

Section 401 deals with how many councilpersons there will be, how the mayor is elected, that council members must reside in their districts, and the sequencing of the elections. This is where in 2010, we had a desire to resquence the election so that the citywide election for mayor took place on an odd year so that it would not give an advantage to a councilperson who wished to run for mayor and wasn’t up for election that year. This had been a problem as some members would run because they had “nothing to lose,” while other candidates who might have run didn’t because they would have to give up their council seats to run. However, since 2010, the state has pretty much taken away the option of holding elections on odd numbered years as they feel that low turnouts during those years create an equality.

Section 402 deals with eligibility to run for an office (residency, etc.), while Section 403 deals with how a vacancy will be filled. This is an area that the 2010 commission had an interest in. There was an issue of a councilmember who retired, in order to get a CalPers pension resigned their council seat, and then the next day was reappointed to the same council seat. The following wording was suggested to be added to this section regarding the filling of vacancies:

A qualified person shall be defined as an individual who resides in the district where the vacancy occurred, and makes an application outlining his/her qualifications for the position. A Councilmember who resigned from the Council shall not be considered to fill their own vacancy.

This is also the section where the Planning Commission is designated as the body which will become the council in the event of the entire council not being able to perform their duties. In the previous charter this was originally the Library Board of Trustees.

Section 404 discusses compensation for mayor and council, covered expenses, and expense reporting. The only changes suggested in 2010 were minor changes to how CPI is calculated, which was something requested by the city finance department.

Section 405 concerns absences. The 2010 made the following suggested changes. Deletions are in strike through type and additions are in italics.

Any member of the Council may be absent from the City or from all regular meetings for thirty (30) consecutive days. With the consent of a majority of a quorum of the Council entered in its minutes, any member of the Council may be absent from the City or from all regular meetings of the Council for up to sixty (60) days. With the consent of a majority of a Quorum of the Council entered in its minutes, any member may be absent for a longer duration. Thereafter, any member of the Council may be absent for any longer period, provided that at least once every thirty (30) days the Council, with the consent of a majority of a quorum entered into its minutes, agrees to extend the absence. Such an extended absence may be for any good and sufficient reason including but not limited to official City business. In addition, the Council may honor those absences relating to physical injury or incapacitation, or family need. Without the required consent the Council shall declare the office vacant.

The current charter has a section 406 which elucidates the duties of the Mayor. There is no section on the duties of a councilperson. The 2010 commission added a section 406 and moved the current 406 to 407.

Section 406 City Council Members.

The City Council Members, in addition to the powers and duties prescribed elsewhere in this Charter, shall have the responsibility and duties to: Conduct business in a manner to benefit the entire City of Pomona, not strictly individual districts. areas, or constituencies; Manage discretionary funds in a manner to benefit not only district needs, but needs of the entire City of Pomona; Report to the City and the citizenry on the local and city-wide impacts of issues that occur in a councilperson 's district; Report to the council and the public the activities of commissions and boards to which the Councilmember is also a member, particularly where they have impacts on the City of Pomona; Set goals for the improvement of the entire City of Pomona as well as improvements to individual districts; Meet at least annually as the full Council, in the City of Pomona, to facilitate the establishment and/or review of goals for the City stressing improvements that benefit all citizens; Actively communicate with the commissioners and board members that they have appointed and make an effort to meet with them at least once a year.

Some of these, such as priority setting meetings, have been implemented as policy while others such as requiring councilmember district meetings might still be something to look at. The 2010 had no recommended changes to the duties of the mayor.

ARTICLE V – The Council

Article V has  13 sections covering Powers, Composition (how many and, vice mayor, etc.), Meetings, Place of Meetings, Proceedings and Quorum, Citizen Participation, Vote Requirement, Adoption of Ordinances and Resolutions, Posting, When Ordinances will Take Effect, City Codes, Codes of Technical Regulations, and Conflicts of Interest. The 2010 commission had no recommended changes for Article V.

NEXT TIME:

Article VI, City Manager and; Article VIII Other Officers, Departments and Employees and General Provisions