Charter Review, Post 3

Probably one of the first things the review commission will want to decide (even before it starts looking at the intricacies of the charter itself) is what form of government we want for the city. Do we want things to remain as they are with some tweaks, or do we want to radically change the way the city operates.

Strong Mayor vs. Council Manager

General law cities are required to have 5 council members and a council-manager form of civic government. However, as a charter city, we can have as many or as few council members as we wish and can opt for a “Strong Mayor” type of government. Council-manager is where the council hires a city manager to run the day-to-day operations and, in theory, the mayor and council ONLY give direction to the city manager and have no responsibility for day-to-day operations of the city. The mayor and councilmembers should not have direct influence/direction of city staff and all operations are handled by the city manager.

So What is the Strong Mayor System?

The strong mayor system replaces the city manager with the mayor. Under this system the mayor serves as the chief officer of the city, replacing the city manager and runs all departments within the city with the power to hire, terminate, promote, etc. all city employees. S/He might opt to hire deputies and/or assistants to help in the operational side of the city. Ultimately, s/he is the ultimate authority (with council approval) of all activities within the city.

So where can we look in California to see this type of system. For research the following cities have a Strong Mayor form of city government: Fresno, Los Angeles, Oakland, San Diego, and San Francisco (Sacramento defeated a charter amendment to change to strong mayor in 2014).

When Gov. Jerry Brown was Oakland’s mayor, he successfully pushed for the executive (strong mayor) system there, arguing that it “counterbalances the parochialism of council districts.” In other words, it allows the mayor to act in the best interests of the entire city. This is an argument that we often hear in Pomona.

Going with this type of city government would require a charter amendment with voter approval.

Elected vs. Hired Officers

Pomona hires/appoints its main city officers such as City Clerk and City Attorney. This is a decision made by the city manager and approved by the city council. In our case the city attorney has been a company hired (outsourced) by the city to handle its legal issues. In the case of the city Clerk, the city hires an individual (insourced) to serve as city staff. Either the “outsource” or “insource” options are available to the city. In addition, however, is the option to elect either or both of these officers as well as other major division heads such as Police Chief and Treasurer.

Cities in California that have an elected city attorney are: Compton, Huntington Beach, Oakland, Los Angeles, San Francisco, San Diego, San Bernardino, Long Beach, Redondo Beach, San Rafael, and Chula Vista.

Of the 478 incorporated cities in California, 154 have elected city clerks. Among these are: Arcadia, Atwater, Azusa, Burbank, Coachella, Covina, El Monte, El Segundo, Fontana, Monrovia, Montebello, and Ontario, to name just a few. Interestingly, larger cities such as Los Angeles, Long Beach, San Diego, and San Francisco have appointed city clerks.

Some of the arguments concerning appointment vs. election is that it makes the positions political. However, as has been argued, these positions are political by nature and as we have recently seen, this has been very true here in Pomona. I specifically note the city attorney and city clerk because of issues with those two offices over the past year. However the charter specifies other city officers including Police Chief, Treasurer, and city finance officer. These can also be made elected offices. Below are the charter sections on each of these offices:

Sec. 702. - City Clerk. The City Clerk shall be appointed by a majority of the total membership of the City Council, shall serve at the pleasure of the Council and may be removed at any time by the affirmative vote of a majority of the total membership of the Council. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are prescribed by ordinance or resolution, this Charter, or by state law or as requested by the City Manager. The City Clerk shall serve as the City's Elections Official and the duties required to effect the California Elections Code shall take precedence over other duties and responsibilities.

Sec. 703. - City Attorney. There shall be a legal officer of the City, appointed by a majority of the total membership of the Council, shall serve at the pleasure of the Council, and may be removed at any time by the affirmative vote of a majority of the total membership of the Council. The City Attorney shall serve as the chief legal advisor to the Council, the City Manager, and all City departments and appointed bodies, and shall have the authority to represent the City in all civil and criminal matters, and shall perform such other duties as prescribed by this Charter, by ordinance or resolution, or as requested by the Council or City Manager.

To be and remain eligible to hold the title of City Attorney, the person must be an attorney at law, duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least five (5) years prior to appointment.

Sec. 704. - City Treasurer. The Council, by a majority of the total membership of the Council, shall appoint a City Treasurer. The Treasurer shall have the responsibility for receiving and investing City funds and shall perform such other duties as prescribed by ordinance or resolution, this Charter, by state law, or as requested by the City Council through the City Manager.

Sec. 705. - Department and Director of Finance. The City Manager shall appoint a department head who shall have the title of Director of Finance. The Director of Finance shall be the chief financial officer of the City, who shall have responsibility for financial reporting, expenditure control, purchasing, bond development, preparation of the City budget for the City Manager, receiving and investing City funds, and shall perform such other duties as prescribed by ordinance or resolution, this Charter or by state law, or as requested by the City Manager or by the City Council through the City Manager.

 Sec. 706. - City Police Department/Chief of Police. (a) The City Manager, with the approval of a majority vote of the total membership of the Council, shall appoint a Police Chief whose function shall be the administration of the Pomona Police Department. The Chief of Police may not hold any other permanent or temporary managerial office. (b) Within the departments established, police services as required by law shall be performed by Pomona City Police Department employees. The City may not contract for primary police services with the County of Los Angeles or other police agencies without a vote of the City's electorate. The City may contract for ancillary police-related services without a vote of the electorate.

As the charter is reviewed I would hope that all of these items be considered. I am not advocating for any of these, but I think that at the beginning it should be considered whether they should be considered or if they are too much of a change to consider at this time.

My next post will begin an Article by Article review of what's currently in the charter, what recommendations were made 10 years ago, and things we might want to consider moving forward.