Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: ALICIA DUARTE, CMC, CITY CLERK
BY: JOHN M. FUNK, CITY ATTORNEY
DATE: JUNE 25, 2024
SUBJECT: ESTABLISHMENT OF CHARTER REVIEW AD HOC COMMITTEE
EXECUTIVE SUMMARY
The City Council will discuss whether to establish an ad hoc committee for the purpose of reviewing the Downey City Charter for any potential amendments that, if approved by the City Council at a City Council meeting for consideration by Downey voters, would be submitted to the voters for that purpose.
RECOMMENDATION
That the City Council:
Discuss whether to establish an ad hoc committee for the purpose of reviewing the Downey City Charter for any potential amendments that, if approved by the full City Council for consideration by Downey voters, would be submitted to the voters for that purpose at the November 2024 election or a subsequent statewide election.
BACKGROUND
At the City Council meeting on June 11, 2024, the City Council requested that the establishment of a charter review ad hoc committee be agendized for consideration.
Ad Hoc Committees
As local elected officials, members of the City Council engage in important policymaking for the City of Downey. While some policy issues may be more routine in nature, at times the City Council is presented with specific issues that may require the establishment of an ad hoc committee to study and further advise the Council on a more in-depth basis.
Ad hoc committees are temporary in nature, serve a limited purpose, and are dissolved once their specific task is completed. When composed of less than a quorum of the City Council, they are not subject to the requirements of the Brown Act.
ESTABLISHMENT OF CHARTER REVIEW AD HOC COMMITTEE
JUNE 25, 2024
PAGE 2
About the City Charter
The City of Downey is governed through a Charter authorized by the California Constitution. The Charter is a foundational document that establishes a degree of autonomy to local governments and outlines certain authority over municipal, or local, affairs. The Charter is the City’s own constitution; like the state and federal constitutions, it is a statement of basic principles, outlining powers, relationships, and responsibilities.
A charter may only be adopted, amended, or repealed by a majority vote of a city's voters.
The primary advantage of a charter is that it allows greater authority for a city’s governance than provided by general state law. For example, a city may tailor its organization and elective offices, considering the unique local conditions and needs of the community.
Downey first instituted a charter form of government in 1964, eight years after the City was incorporated. Since the Charter’s inception in 1964, there have been 14 amendments considered by the voters, 11 of which have passed. The most recent proposed amendment was in 2014, which would have permitted the City to contract for fire and police services without voter approval as required by Charter Section 702. This measure was defeated by voters.
Charter Review Ad Hoc Committee: Mission, Charge, and Composition
If the City Council elects to establish a charter review ad hoc committee, that committee will serve in an advisory capacity to the City Council and report back to the City Council at requested or designated intervals. The mission, charge, and composition (consisting of two members) should be delineated by the City Council, but in general, a charter review committee would serve to study the Charter as a whole and to evaluate the need for any amendments that may be desirable at this time. The expectation is that a final set of recommendations would be made to the entire City Council for consideration in enough advance time for City Staff to prepare any necessary resolutions to place the approved measures on the ballot for voter consideration.
DISCUSSION
If the City Council elects to create a charter review ad hoc committee, the time span over which the committee meets and makes its recommendations would somewhat depend on the specific election at which the intended charter measure(s) are to appear. Charter amendments may be submitted to voters only at established statewide general elections.
The next statewide general election is scheduled for November 5, 2024, followed by June 2026 and November 2026 (absent any intervening special statewide election).
The California Elections Code requires that the City Council adopt a resolution to submit a ballot measure amending the Charter to voters at least 88 days in advance of the respective election.
ESTABLISHMENT OF CHARTER REVIEW AD HOC COMMITTEE
JUNE 25, 2024
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November 5, 2024 Election
For the election scheduled for November 5, 2024, this means that the resolution must be adopted no later than the July 23 City Council meeting (as the resolution must be submitted to the County no later than August 9, or before the following council meeting scheduled for August 13).
For any measures to be placed on the November 5, 2024 ballot, the timeline for the charter review committee would be compressed. The committee would need to complete its work and report its recommendations to the full City Council on or before the July 23 meeting. Below is a sample timeline.
June 25, 2024 – Creation of the Ad hoc Committee.
June 26 – July 2, 2024 – Ad hoc Committee reviews City Charter and prepares recommendations (note this period could be extended if a special meeting is selected after July 9th).
July 9 th or special meeting – Ad hoc committee provides charter amendment recommendation(s) to the City Council for consideration and approval for ballot. July 9th meeting is currently planned to be cancelled.
July 23, 2024 – Ballot Measure Resolution Approved
June 2, 2026 or November 3, 2026 Election
After the creation of the ad hoc Committee, the Committee could review the City Charter and prepare recommendations over a larger span of time, likely over the course of the upcoming fiscal year. The recommendations could then be prepared in preparation for either the June 2, 2026 or November 3, 2026 statewide election.
Scope of Committee
The scope, or charge, for any Charter Review committee may be selected by the City Council. Charter Review committees often serve with a broad mandate to review the entire charter as a whole for any proposed or desired amendments, but if the Council prefers, it may limit the scope as well.
It should be noted that by placing any measure on the ballot, the City Council is not endorsing or taking a position but rather asking the voters of Downey to consider any proposed Charter amendment.
A voter ballot measure to amend the City Charter is intended to be revenue neutral, but there is an expense associated with the placement of each measure on the ballot and the costs for the election. In consultation with the County, the costs for each measure is estimated at approximately $35,000, subject to further confirmation.
ESTABLISHMENT OF CHARTER REVIEW AD HOC COMMITTEE
JUNE 25, 2024
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CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Public Engagement
FISCAL IMPACT
There is no fiscal impact with this report discussion.