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