CITY COUNCIL STAFF REPORT
Meeting Date: June 06, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: CONSIDERATION OF RESOLUTION NO. ___-22 CALLING FOR A
BALLOT MEASURE TO ASK VOTERS WHETHER THE POSITION OF
PLEASANT HILL CITY TREASURER SHOULD BE ELECTIVE OR
APPOINTIVE
SYNOPSIS
State law requires every General Law City to have a City Treasurer, a position that may be either elected by the voters or appointed by the City Council. The City Council proposes to consider whether to ask the Pleasant Hill electorate if the position of City Treasurer should change from elected to appointed, and has directed staff to present information about this process. A draft resolution for consideration is included as an attachment to this staff report should the Council decide to move forward with a ballot measure on the question.
DISCUSSION
Background
During the discussion to appoint the current Interim City Treasurer after the resignation of the elected City Treasurer in 2022, the City Council directed staff to research the process, timing, and cost to place a measure on the November 2022 ballot to ask voters whether the position of Pleasant Hill City Treasurer should change from elective to appointive.
In 1962, the City Council submitted a measure to the Pleasant Hill electorate to ask, “Shall the office of City Treasurer be appointive?” The electorate voted 1,214 to 655 to keep the City Treasurer an elected position.
Analysis
The California Government Code addresses the election process for this ballot question for a General Law city.
Section 36508. “At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers, or any of them except council members, shall be appointed by the city council; provided, however, that the city council shall not submit such question to the electors more often than once in an 11-month period.”
Section 36509. “The question shall be printed on the ballots used at the election substantially in one of the following forms:
(c) “Shall the office of city treasurer be appointive?
The words “yes” and “no” shall be so printed on the ballots that the voters may express their choice.”
Section 36510. “If a majority of the votes cast on the proposition is for it, the city council shall appoint such officers at the expiration of the terms of the officers then in office, and on a vacancy in any such office. Such officers shall hold office during the pleasure of the city council and, notwithstanding Section 36502 to the contrary, are not required to be residents or electors in the city. The city council may by ordinance vest in the city manager its authority to appoint such officers."
To place a ballot measure before the electorate, the City Council must adopt a resolution that:
• Submits proposed ballot measure wording (including whether the full text will be printed) to the Contra Costa County Elections Department; • Authorizes City Council members and/or other individuals (up to five) to file a written argument regarding the measure, including providing for the filing of rebuttal arguments to the measure in accordance with filing deadlines; and • Directs the City Attorney to prepare an impartial analysis of the measure.
City Treasurer Qualifications, Duties and Responsibilities In order to stand for election, City Treasurer candidates need only be electors (registered voters) of the City they wish to serve. No other qualifications are required or may be added by the City Council to elective City Treasurer positions.
The basic duties of the City Treasurer are set forth in the Government Code:
Section 41002:
“(a) The city treasurer shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his or her possession. (b) If the city has issued bonds, the city treasurer shall use a system of accounting and auditing that adheres to generally accepted accounting principles.” Additionally, the City has adopted an ordinance, codified in Chapter 2 of the Pleasant Hill Municipal Code, which provides:
“2.20.010 Position. The city treasurer shall be elected as provided by law.
2.20.020 Compensation. The city treasurer is entitled to compensation fixed by resolution of the city council.”
Elective Versus Appointive City Treasurer
In Contra Costa County, eight of the 19 cities (including Pleasant Hill) have an elected City Treasurer.
Voters in the remaining 11 cities have opted to move to a system of appointment, which allows for the consideration of each applicant’s education, background, and experience.
Integration of City Treasurer Function with City Staff Operations If the position of City Treasurer becomes appointive, it would be expected that the employee assigned those duties would work under the direction of the Finance Manager and City Manager. A City Treasurer function in which all of the work is performed by in-house staff, as opposed to the current arrangement in which the work is performed by an elected official, would be more straightforward to effectively manage.
Ballot Measure Timing
The resolution calling for the Municipal Election must be adopted at least 88 days prior to the election, which for the November 8, 2022 election would be by August 12, 2022. The last regular City Council meeting before the 88-day deadline is August 1, 2022.
There is currently an appointed Interim City Treasurer fulfilling the duties of the position until the November 8, 2022 Municipal Election. Once the results of the 2022 election are certified, the elected City Treasurer will fulfill the remainder of the existing term ending November 2024. Should the measure pass, it will become effective upon certification of the November 2024 election.
FISCAL IMPACT
The cost to the City to place this question on the November 2022 ballot will vary, depending on the number of words in the measure and the amount of information put into the voter information pamphlet. Contra Costa County elections staff advises that the estimated cost is approximately $3,000 to $5,000 (in addition to the City Council/City Treasurer election) for the measure, which will need to be budget in the General Fund.
In the event the position of City Treasurer becomes appointive, the cost of having appointed staff perform the duties currently performed by the elected City Treasurer would be partially offset by the stipend savings of the elected City Treasurer.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
As a policy matter, the City Council must decide whether to propose the subject ballot measure.
If the Council decides to do so, staff recommends adoption of the attached resolution.
ALTERNATIVES TO RECOMMENDED ACTION
The City Council may decide not to propose the subject ballot measure and keep the City Treasurer as an elected position.
The City Council may provide direction to staff to update the proposed resolution and bring it back to the City Council for consideration before the August 12, 2022 deadline.
ATTACHMENT(S):
Proposed resolution
Prepared by: Danielle K. Habr, City Clerk
Reviewed and approved by: June Catalano, City Manager