October 10, 2023
History of the Long Beach City Charter
1 Overview
• Incorporation of Long Beach
• History of the Charter
• Council-Manager Form of Government
• City Structure
• Role and Authority of the City Manager
• Role and Authority of the Mayor
• Role and Authority of City Council
• Terms of Mayor & City Council
• Vacancies in the Mayor’s Office & City Council
• How the Charter is Amended
• Council Initiated Charter Amendment Timeline
2 Incorporation of Long Beach
1888
Long Beach incorporates for the first time
with 106 votes cast; five Trustees elected.
1896 1897
Long Beach
disincorporates
Long Beach incorporates and elects a
Board of Trustees
3 History of the Long Beach City Charter*
In 1907
Residents adopt a City Charter establishing:
City Council members and Mayor
Seven Wards
Offices of City Attorney and City Auditor
Civil Service Commission
* This is not an exhaustive history of the Long Beach Charter 4 History of the Long Beach City Charter
1911
The State of California grants tidelands areas to the City of Long Beach and the Port of Long Beach was established
1921
Fifteen Freeholders frame a new Charter proposing a
City-Manager form of government
5 History of Long Beach
1923
• Annexation of North Long Beach
• Annexation of Alamitos Bay
• Bond to establish Recreation Park
• Founding of St. Mary’s Hospital
• Airport established
6 History of the Long Beach City Charter
1929
Nine councilmanic districts were created
Office of City Prosecutor established
1931
Harbor Department established
7 History of the Long Beach City Charter
1933
Water Department Established
1964
Department of Oil
Properties Established
1976 1986
City Council members
elected by voters of their
district
Full-time Mayor elected by
the voters of the entire
City
8 History of the Long Beach City Charter
1990
Citizens Police Complaint
Commission Established
2002
Parks and Recreation
Commission
Established
2018 2022
Independent Redistricting
Commission Established
Ethics Commission
Established
Council and Mayor now
limited to 3 terms
Consolidated Utility
Department
Police Oversight Director and
Commission Established
City and School District
elections aligned with State
schedule
2010
Preference for veterans
added to Civil Service
Process
9 Council-Manager Form of Government
• Pursuant to Charter Section 102, the City’s
operates under a Council-Manager (also known as
a city-manager) form of government.
• Combines the political leadership of elected
officials in the form of a council or other governing
body, with the managerial experience of an
appointed local government manager.
• In this form of government, the elected body
establishes policy, which is carried out by an
appointed city manager and administrative staff.
The city manager also runs the daily operations of
the city.
10 City Structure
• Long Beach residents elect:
• Mayor
• City Council
• City Attorney
• Mayor and Council appoint:
• City Manager
• City Clerk
• Police Oversight Director
• City Prosecutor
• City Auditor
• Commissioners for
28 Commissions
• City Manager oversees 14 City Manager
Departments and appoints Directors to lead these
critical departments
• Commissions who oversee and govern
departments include:
• Civil Service Commission
• Harbor Commission
• Utilities Commission
11 Roles and Authority of the City Manager
• Chief administrative officer of the City
• Responsible for administration of all Departments except:City Attorney,City Auditor, City Prosecutor, City Clerk, Civil Service Department, Legislative Department, Harbor Department, Public Utilities Department
• Appointed by the City Council for an indefinite period of time • May appoint an Assistant City Manager subject to veto of the Mayor and override of 2/3 of the Council
• Appoints, suspends and removes City Manager employees in both the classified and unclassified service
• Ensures that all laws, ordinances, orders, resolutions, contracts and franchises are enforced and executed
• Attends City Council meetings
• Prepares and submits the annual budget and keeps the City Council fully advised as to the financial condition and needs of the City
• Recommends to City Council the adoption of measures deemed advisable 12 Roles and Authority of the Mayor
• Chief legislative officer of the City
• Chief Administrative Officer of the Legislative Departmentincluding the Mayor, City Council, City Clerk, and all employees that serve these individuals • Head of the City for all ceremonial purposes and by the governor for purposes of military law • Represents the City at large
• Provides community leadership
• Office is a focal point for the articulation of city-wide perspectives on municipal issues • Chair of City Council meetings (may participate in deliberations and proceedings but cannot vote)
• On or before January 15th of each year, present the State of the City • Present the budget to City Council with comments and recommendations no later than 60 days prior to the beginning of the fiscal year
• Line item veto power of any expenditure in a budget amended and adopted by the City Council • Veto power of any ordinance, emergency ordinance, resolution, or order of the Council. • May not direct or attempt to direct who the City Manager hires or appoints to any position • May not publicly or privately direct any City employee of the City Manager 13 Roles and Authority of the City Council
• Except as otherwise provided by the Charter, all powers of the City are vested in the City Council • Makes and enforces within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws (commonly known as “police power”) • Authority is limited to protecting the public health, safety, and welfare of City residents • Provides policy direction as a body, not as individuals • Adopts ordinances to enact laws, resolutions to formally adopt policy, and minute orders for less formal actions
• Adopts emergency ordinances which take effect immediately through a vote of at least 5 Councilmembers for the immediate preservation of the public peace, health and safety • Vice Mayor may exercise all powers of the Mayor (except vetoes) as prescribed by the Charter, by ordinance when the Mayor is absent, unable to perform their duties, or has vacated the office by reason of any cause and until a successor has been elected and taken office • May vote to override a veto by the Mayor by 2/3 vote
• If any expenditure in an adopted budget is vetoed by the Mayor, the City Council has until the end of the fiscal year to override the action of the Mayor by a 2/3 vote • May not direct or attempt to direct who the City Manager hires or appoints to any position • May not publicly or privately direct any City employee of the City Manager 14 Terms of Mayor & City Council
• One term of office for the Mayor and Council is
4 years
• Mayor may not serve more than 3 terms
• Councilmembers may not serve more than 3
terms
15 • Vacancy can occur due to a variety of reasons, such as death, incapacity, or recall
• Recall requires a special election
• Special election must also be called to fill the seat unless the vacancy occurs within 88-120 days of a primary election for Mayor
• Any special election to fill a vacancy must be called within 60 days and held within 120 days of the vacancy
• Vice Mayor acts as Mayor until the seat is filled
• If a special election is required, then the Mayor elected will serve the remainder of the unexpired term
Vacancy in Mayor’s Office
• Vacancy can occur due to a variety of reasons, such as death, incapacity, recall, or 5 unexcused absences from regular Council meetings
• Recall requires a special election
• Special election must also be called to fill the seat • Any special election to fill a vacancy must be called within 60 days and held within 120 days of the vacancy
• If a vacancy is declared within 120 days of a primary nominating election, Council may fill the vacancy by
appointment
• If a Councilmember is recalled, they remain in their seat until successor is elected and qualified
Vacancies in Mayor’s Office & City Council
Vacancy in City Council
Seat
16 How the Charter is Amended
REQUIRES VOTER APPROVAL
A city charter is adopted by submitting the proposed charter to the voters. Any amendment to a charter must also be submitted to the voters for approval at a statewide general election.
WHO CAN PROPOSE AN AMENDMENT?
City Council – Council, the Mayor, Charter Commissions, Council advisory commissions, independent departments, elected departments, or the City Manager may propose a Charter amendment to the City Council.
The City Council decides whether to propose a Charter amendment to the voters after public hearings are held.
Voter Initiative - Amending the Charter is a right reserved exclusively to the electorate. Therefore, pursuant to Elections Code section 9255, someone other than the City Council may submit initiative petition to amend the Charter to the voters by a petition signed by 15% of the total number of registered voters in the City. 17 Council Initiated Charter Amendment Timeline
• Charter amendments must be submitted to the voters at a statewide general election
• If Council agrees to consider the Charter amendment, the item is referred to the Charter Amendment Committee, which is made up of the City Council and the Mayor
• The Charter Amendment Committee must hold two public hearings on the proposed amendment
• After two hearings, the City Council considers a resolution to put the Charter amendment on the ballot
• If Council adopts a resolution to place the Charter amendment on the ballot, the Mayor’s Office selects argument writers for/against the Charter amendment and the City Attorney’s Office drafts an impartial analysis for the amendment
• After initial arguments are submitted for/against the Charter amendment, the argument writers in favor of the amendment can submit a rebuttal to the argument opposing the amendment • The public is permitted to inspect all arguments and rebuttals • After this process is complete, the Charter amendment language is added to the ballot with the impartial analysis, arguments for/against the measure, and any rebuttals
18 Thank you
19All photos in the presentation are courtesy of ©Long Beach Public Library