City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: APRIL 12, 2022 FROM: CHARTER REVIEW COMMITTEE WARDS: ALL SUBJECT: AMENDMENT TO CITY CHARTER REGARDING INSPECTOR GENERAL ISSUE:
Receive a presentation and consider whether to place, on the November 8, 2022 ballot, an amendment to the City Charter to add an elected office of Inspector General, with prescribed powers and duties.
RECOMMENDATIONS:
That the City Council:
Consider an amendment to the City Charter to add an elected position of Inspector General, with prescribed powers and duties; and Place the ballot question on the November 8, 2022, ballot for voter approval for such charter amendment.
BOARD RECOMMENDATION:
The Charter Review Committee met on February 16, 2022 and approved the report to the City Council regarding the proposed charter amendment and ballot question referenced herein, with Chair Benavidez and Members Avery, Clymer, Goldman, Norsell, Ramirez, and Rodriguez voting aye, Member Burns voting no, and Members Mabon, McKeith, and Newberry absent. The Charter Review Committee also designated Member Avery to present the report, with Chair Benavidez and Members Avery, Burns, Clymer, Goldman, Norsell, Ramirez, and Rodriguez voting aye and Members Mabon, McKeith, and Newberry absent.
DISCUSSION:
Here is the final recommendation that was approved by the Charter Review Committee (new section in bold):
Charter Amendment (new Charter section)
Sec. 420. Office of Inspector General.
(a) There shall be an Office of Inspector General which shall have the power and duty to provide a full-time program of investigation, audits, inspections, and operational performance evaluations in accordance with generally accepted auditing standards to provide increased accountability and oversight of entities of city government, special districts and joint powers authorities that the City is a member of and entities receiving funds through the City, to assist in improving agency operations and in deterring and identifying, fraud, waste, abuse, and illegal acts. (b) The Office of Inspector General shall be headed by an elected Inspector General, as otherwise provided in the Charter. The Inspector General’s salary shall be commensurate with the Mayor’s salary and benefits (c) The City Council shall include in its annual budget or through a supplemental appropriation such appropriations of funds sufficient for the efficient and proper functioning of the Office of Inspector General. At least six months prior to the beginning of each fiscal year, the Inspector General shall provide to the City Manager a budget containing estimates of revenues and expenditures for the Office of Inspector General. (d) The Office of Inspector General shall be operationally independent from the City Council, the Mayor, and the offices of the City Manager, City Clerk and City Attorney, none of whom shall interfere with the execution by the Inspector General of his/her powers and duties. "Operationally independent" shall mean that neither the City Council, the Mayor, the offices of the City Manager, City Clerk and City Attorney, nor any employee of the City shall prevent, impair, or prohibit the Inspector General from initiating, carrying out, or completing any audit, investigation, inspection, or operational performance review. (e) The Office of the Inspector General may include, but not be limited to, a division of criminal investigations, a division of audit, a division of inspections, and a division of operational performance review. (f) The Office of the Inspector General shall have the power of subpoena to require the attendance of witnesses, including persons employed by the City, and the production of books and papers pertinent to any investigation and to administer oaths to such witnesses and to take testimony to the extent permissible by law. (g) The Office of the Inspector General shall exercise such other powers and perform such other duties as may be prescribed by ordinance not inconsistent with any of the provisions of this Charter. (h) The Inspector General shall be accorded a seat at the City Council table and shall be entitled to place a matter before the City Council and Mayor and participate in their deliberations, but shall not have a vote. (i) The Inspector General shall report at least annually the final findings and recommendations from its activities to the City Council at a public meeting.
Charter Amendment regarding Election
The following Charter amendments are proposed for the election of the Inspector General on June 6, 2023, including eligibility and no run-off election for the initial election only of the Inspector General (proposed amendments bolded and italicized):
Sec. 400. - Enumerated; number, term and manner of election; wards. (a) The elective officers of the City shall consist of a City Council of seven members, elected from wards, and a Mayor elected from the City at large, and an Inspector General elected from the City at large at the times and in the manner provided in this Charter, who shall serve for a term of four years and until their respective successors qualify. The terms of all officials, so elected, shall be deemed to have commenced on the fifth Tuesday following the general municipal election. (b) The members of the City Council shall be nominated and elected by wards by the registered voters of the respective wards only. One member of the City Council shall be elected by each ward, and only the registered voters of each ward shall vote for the member of the City Council to be elected by that ward. In those wards where there are more than two candidates, only a candidate receiving a majority of the total votes cast for the office shall be declared elected. (c) If in an election for a member of the City Council for any ward, or for the office of Mayor or for the office of Inspector General, no candidate receives a majority of the total votes cast for the office, the City Council shall immediately upon the determination of that fact, call a special election to be held on the same day as the statewide election of that same year, consistent with the general election date set by the State. The two candidates receiving the highest number of votes for the office in the general municipal election shall be declared the candidates for the special election. (d) Notwithstanding the paragraph above, if in the June 8, 2021, election for members of the City Council for Wards 2, 4, and 6, no candidate receives a majority of the total votes cast for the office, the City Council shall immediately upon the determination of that fact, call a special election to be held on November 2, 2021. The two candidates receiving the highest number of votes for the office in the June 8, 2021, election shall be declared the candidates for the special election. (e) Officials elected at the general municipal election shall take office on the second Tuesday following completion of the canvass, but in no event later than the fifth Tuesday following the general municipal election. Officials elected at any other election shall take office on the second Tuesday following completion of the canvass, but in no event later than the fifth Tuesday following the election. (f) The qualifications of candidates and electors and the procedure governing general municipal elections shall apply to any special election called pursuant to this section and the notice of election shall be published at least thirty days prior to the date of such special election.
Sec. 401. - Eligibility to hold the office; member of the City Council; Mayor. (a) A person is not eligible to hold the office of a member of the City Council of the City of Riverside unless such person is a qualified elector within the territory comprising the ward by which such person is elected or for which such person is appointed at the time of such election or appointment and continues to be a qualified elector of said ward.
If the residence of any member of the City Council is changed to a place outside the boundaries of the ward from which such member was elected or for which such member was appointed, the office of such member shall become vacant. The existence of the vacancy shall be declared and filled as provided by Section 404 of this Charter. (b) A person is not eligible to hold the office of Mayor or for the office of Inspector General unless such person is a qualified elector of the City at the time of such election or appointment and continues to be a qualified elector of the City.
If the residence of the Mayor or for the office of Inspector General changes to a place outside the boundaries of the City, the office of the Mayor or for the office of Inspector General shall become vacant. The existence of the vacancy shall be declared and filled as provided by Section 404 of this Charter.
Sec. 500. - General municipal elections.
On June 8, 2021, an election for Councilmembers to represent Wards 2, 4 and 6 shall be held. Said term shall be for five (5) years and until their respective successors qualify. Beginning in 2026 and thereafter, the Councilmembers' terms shall be for four (4) years.
Beginning in 2022, general municipal elections for the election of the members of the City Council and for such other purposes as the City Council may prescribe shall be held in the City on same day as the statewide election, consistent with the primary election date set by the State.
General municipal elections for the election of the Mayor shall be held on the same day as the statewide election, consistent with the primary election date set by the State in United States Presidential election years.
In accordance with section 1404, an election shall be held on November 8, 2022 to determine if the Office of Inspector General shall be created. If the Office of Inspector General is created, a special election shall be held on June 6, 2023 to elect the Inspector General. The candidate receiving the most votes at the special election shall be elected Inspector General and shall serve an initial term of no more than three (3) years or until his/her successor qualifies. Subsequent elections to elect an Inspector General shall be held at the same time and in the same manner as Councilmember elections for Wards 2, 4, and 6 and in accordance with Article V. After the initial term, the Inspector General term shall be four (4) years.
The following proposed Charter amendment would prohibit the City Manager from being able to approve or disapprove the hiring or termination of a subordinate employee of the Inspector General (proposed amendments bolded and italicized):
ARTICLE VI. - CITY MANAGER.
Sec. 601. – Powers and duties.
The City Manager shall be the head of the administrative branch of the City government. The City Manager shall be responsible to the City Council for the proper administration of all affairs of the City.
All department heads and officers of the City, except elective officers and those department heads and officers the power of whose appointment is vested by this Charter in the City Council, shall serve at the pleasure of the City Manager who may appoint, suspend or remove such department heads and officers subject to the personnel merit system provisions of this Charter. However, the appointment, removal and suspension of the Library Director shall be subject to the approval of the Board of Library Trustees, the appointment (but not the suspension or removal) of the Chief Financial Officer/Treasurer shall be subject to the approval of the City Council, and the appointment (but not the suspension or removal) of the Public Utilities Director shall be subject to the approval of the Board of Public Utilities. The City Manager may approve or disapprove all proposed appointments and removals of subordinate employees by department heads or officers, except by the City Attorney, and City Clerk, and the Inspector General and such appointments and removals by department heads or officers, except by the City Attorney, and City Clerk, and the Inspector General, shall be subject to the approval of the City Manager.
Notwithstanding the foregoing or any other provision of this Charter except Section 407, the City Council may adopt by ordinance, an employee appeal process which could affirm, overrule or modify a final administrative decision concerning an employee grievance and could provide that such action shall be final. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have the power and be required to:
(a) Prepare the budget annually, submit such budget to the City Council and be responsible for its administration after its adoption. (b) Prepare and submit to the City Council annually a Capital Improvement Plan. (c) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable to the City Manager. (d) Prepare rules and regulations governing the contracting for, procuring, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the City Council for adoption by it. (e) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced. (f) Perform such other duties consistent with this Charter as may be required of the City Manager by the City Council.
The following proposed Charter amendment would prohibit the Inspector General from nepotism (proposed amendment bolded and italicized):
Sec. 709. - Nepotism.
Neither the Mayor, nor City Council, nor the Inspector General shall appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of the Mayor or any one or more of the members of the City Council; nor shall any department head or other officer having appointive power appoint to a salaried position under City government any person who is his/her relative by blood or marriage within the third degree.
A relative within the third degree is defined as a spouse, son, daughter, mother, father, brother, sister, grandchild, grandparent, aunt, uncle, niece, nephew, great-grandchild, or great-grandparent. Half-relatives, step-relatives and in-laws are included as relatives.
All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.
Proposed Ballot question
Inspector General Shall the City Charter be amended to create an elected office of Inspector General, with the first election on June 6, 2023, with four year terms, with the powers and duties to independently investigate fraud, waste, abuse and illegal acts within city government and to provide annual reports on their findings and recommendations on an annual basis, with an appropriate budget, a salary commensurate with the Mayor’s salary and subpoena power? FISCAL IMPACT:
The estimated cost to place a measure on the November 8, 2022, ballot is $165,000 and $124,000 for each subsequent measure.
The estimated cost for an elected Inspector General would be the same as the cost for the Mayor, for salary and benefits, as well as salaries and benefits for all subordinate employees as well as other costs to operate such an office.
Prepared by: Charter Review Committee
Approved as to form: Phaedra A. Norton, City Attorney
Attachment: Presentation
DRAFT 2/24/22
AMENDMENT TO CITY CHARTER INSPECTOR GENERAL● Page 3