EXHIBIT T
000453
CHARTER REVIEW COMMITTEE
City of Riverside
May 27, 2004, 5 p.m.
Mayor's Ceremonial Room
3900 Main Street
MINUTES
PRESENT: Members Barry Johnson, Marjorie von Pohle, Gar Brewton, Damon Castillo, Dale McNair, Ray Higgins, Rusty Bailey, Marcia McQuer, Rose Mayes, Dorothy Balley, Connie Leach, Stan Stosel, Sharon Tyrrell, Art Garcia, Mike Teer, and Vice-Chalr Ben Johnson
ABSENT: Chair Eric Haley (excused)
STAFF PRESENT: Colleen Nicol, Gregory Priamos, and Tricia Ruiz ALSO PRESENT: Phyllis Purcell, Marjorie Von Pohle, Barbara Purvis, Larkin Saucedo, Mike Mueting, Jonathan Wise, Victoria Nurre, Cassandra Flores, Chris Chavez, Daphne Areta, Paul Kim, Mischelle Townsend, and others
Vice-Chair Johnson convened the Charter Review Committee meeting at 5:05 p.m.
The Pledge of Allegiance was given to the Flag.
ORAL COMMUNICATIONS FROM THE AUDIENCE
Phyllis Purcell suggested greater delineation of the duties of the City Council and City Manager which may lead to more harmonious relations. Susan Nash strongly recommends that the voting will be used in the City and County of San Francisco with a certified system. Although public campaign financing may not require a Charter amendment, Ms. Nash urged a
MINUTES
Motion was made by Member Barry Johnson and seconded by Member Garcia to approve the Minutes of April 22, 2004, as presented, and amending page CRC-53, paragraph 2 to read, "Member Tyrell belleves it Is a public service."; and amending paragraph six to read, "She requested that Ray Higgins put a stop to the commission bashing." Motion carried unanimously with Member Garcia abstaining.
DISCUSSION AND DELIBERATION
Elections
Registrar of Voters Mischelle Townsend confirmed that the City and County of San Francisco will be using instant runoff voting (IRV) for the first time in November of 2004 authorized by an approved Charter amendment. The system was proposed for use in November of 2003, Seeretary of Slate has of thomal lied the sy we peting completion on the federal CRC-55
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qualifications process. Riverside County's touch screen system can accommodate IRV. The Sor bato vendor would ato have to reprogram software to accommodate IVe absentee Vice-Chair Johnson questioned recent publicity regarding the vulnerability of electronic voting.
Ms. Townsend responded that direct record electronic (DRE) voting has been used throughout the nation for twenty years without any incident of fraud or manipulation of vote. There is a system of checks and balances within the Registrar's Office and throughout the polls for prelogic and accuracy testing. All 4,000 units are tested before and after the election. Diebold was not chosen by Riverside County. Federal and State review of proprietary software such as Riverside County is using is much more rigorous. The County's four years of experience is without Issue. Reports in the news were mainly procedural issues. Some Diebold units had batteries that didn't hold the charge. We have the confidence of the procedural checks and balances, testing, and voter receptivity to the DRE system. Six manual recounts have verifled the accuracy of the DRE system in Riverside County.
Member Higgins strongly supported Ms. Townsend's comments and complimented the Registrar of Voters Office. He reported recent experience observing a recount where not one electronic error was encountered. Mr. Higgins asked if the Secretary of State would approve Ms. Townsend commented that the County Is in litigation with the Secretary of State wherein the County feels the DRE's have not been legally decertified based upon the legal merits of the case. The County Is confident the machines will be used in November. Elections Officials are dedicated to preserving the integrity and security of the election process. The DRE units are not connected to the Internet. The Secretary of State's directive that vendors bear the costs to provide redundant paper ballots is beyond the scope of the County's contract with the vendor.
The Secretary of State has also demanded Counties comply with all future directives regardless of cost or other implication which is not seen as a reasonable demand.
Member McQuer asked If the period between regular and run-off elections could be shortened. Ms. Townsend replied that the Elections Code provides eighty-eight day to conduct an election. Run-offs are conducted in approximately sixty days. The number of certified printers in the State is limited and there may be overlapping elections and demands on the same vendors. If the run-off were polling place rather than mail-in ballot, other activities Including certification and legal publications still require the minimum sixty davs which is Member Brewton remarked that declining voter tumout indicates that the current system is not convenient to the voters. Voters ghould discuss issues and mark ballots at home rather than coming to the polls. The recent mail-in runoff election resulted in higher voter turnout over the polling place November election. Ms. Townsend reported that a non-voter survey three years ago Indicated that 75% of respondents failed to vote because of negative campaigning. The Legislature responded by amending the State Code to allow any voter to vote by absentee.
Early voting at the Registrar's Office and shopping malls is also now offered for the convenience of the voters. There still has to be a responsibllity on the voter to get involved.
Answering Vice-Chair Johnson's question, Ms. Townsend Indicated that earty voting is Member Brewton noted that the City has not ever conducted a regular municipal election by CRC-56
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main a State egislative change as Monteray CounCes dane star Minue sked id going taste down orde teton dia balloting. Ms. Townsend indicated that some voters prefer Member Castillo asked if any counties are using the Interet for voting. Ms. Townsend noted that former Secretary of State Bill Jones fored a Task Force which found the anonymity of the voter and secrecy of the ballot creates security concern. Arizona performed a party-conducted primary over the Internet which resulted in higher voter turnout because of the convenience.
The Federal goverment has piloted Internet voting with several States and the military, including several astronauts casting ballots through satellite. The security barrier has not been totally resolved.
Townsend mile iud that the Elecion cod must be mended to alow to bion. Ca Attomey Priamos Indicated that as a Charter City, Riverside has that luxury under the current Charter. Bond counsel was concerned that the Charter was not explicit with respect to bond issuances and was unable to issue a clear opinion which prompted the Charter amendment to provide for the option of either polling place or mail-in ballot election.
Member Brewton noted that schools are educating children to remind parents to vote. Ms.
Townsend briefed the Committee on the student pollworker program which teaches students the value of the electoral process.
Member McQuer commented on ranking of voters in IRV and other methods of weighted voting asking if the DRE's could accommodate these options. Ms. Townsend confirmed the DRE's could accommodate thase variables and noted that www.fairvote.org offers information for minor can sates, viere voter aerate choices are dounted and he dies or second a pid election to asotain cier acceptance. tv may reduce negalive campaig in as Member MoQuern commented that Chair Haley feels run-off elections offer an opportunity to take a closer look at the final two candidates. Member von Pohle noted that the lavel of campaign spending determined results of the most recent run-off election.
Member Stosel sees potential problems with candidate collaboration with IRV voting. He asked it IRV could be accomplished with paper ballots. Ms. Townsend indicated that a paper ballot process would be very labor intensive. San Francisco's upcoming experience with such a In response to Member McQuem's question, Ms. Townsend reconfirmed that legislative authority for IRV is still required.
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Member Garcia asked if there was sufficient time to investigate IRV and the other outstanding issues before the Committee in time for the November 2004 election. The City Clerk noted there are severai issues to be resolved before IRV could be impiemented. She suggested that if tha Committee is interested in the City Council considering the matter, a recommendation could be made apart from Charter amendments proposed for the November 2004 election.
The City Council could place IRV on a future ballot for consideration. It may be premature to consider a Charter amendment at this time. City Attomay Priamos reminded the Committee that the Charter as written offers flexibility. In the future following legislative authority and certification of voting systems, the City Council could implement IRV by ordinance.
Subsequently, the motion and second were withdrawn.
With respect to the use of IRV, it was moved by Member Teer and seconded by Member Garcia that there be no change to the current voting system.
City Attomey Priamos clarified that if in the future IRV were implemented, a Charter annie answord to wither so are ange is rele a time lore in he future and suggests that enabling language be included at this time. City Attorney Priamos reconfirmed that as a Charter City, Riverside Is not strictly required to abide by the Elections Code. As the Charter does not preclude mail-in ballot elections, the City Council has by Section 400 of the Charter.
Motion carried with Members Brewton and Leach voting no.
Subste, and a pius order that discussion was not held blowingth, second to the motion. it was determined that the vote had been taken and recorded thereby ending discussion on the matter. The City Clerk confirmed that the vote would be reflected in the minutes.
Time period between general and run-off election
Election of Mayor in even-numbered years
It was moved by Member Garcia and seconded by Member Tear that the Mayoral election be held concurrently with the Presidential election. City Clerk Nicol reported that the current system wherein election costs for Mayoral and Wards 2, 4, and 6 election are $250,600 compared to $180,000 for a Mayor election in November of even-numbered years plus the odd- year Wards 2, 4, and 6 election in the amount of $115.000. Currentiv the runoffs for Mavor and Wards 2, 4, and 6 are conducted simultaneously. If the Mayoral election is stand-alone, an CRC-58
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additional runoff election would be required. Answering questions from the Committee, the City Clerk clarified that cost estimates confirmad from the County Registrar of Voters reflect the adopted fee schedule which charges direct costs plus overhead for regular municipal as movedDy Car are me to yer-nured years, the lein would become a •relevade ballot elation go one too sciedale eded retire ation or are re Supervisors.
motion, but now feels that
Tools that the volars wil egot fur a proposal. Morbor tigin does not el riotions and equity or al parians in the leton is not an asonable price to pay in lighto tely Member Castillo feels the "retur on investment" of the additional election would be worth the benefit of increased voter participation. Member Leach feels the cost of the election is high for hear on Pole agrees the actional election oot high for a ceremonial posteron in a.
Council/Manager form of goverment.
Member Garcia feels the proposal is an issue of faimess to incumbant Councilmembers in Wards 2, 4, and 6. The higher voter tumout would be participating in the Mayoral decision.
The Mayor is a strong figurehead as the most visible person inside and outside of Riverside govemment. $180,000 is incurred only every four years, not annually. The additional election affords the opportunity to place other measures on the ballot at that time.
Moan talled ty Members Tee, andir, Tyrel, Higging, Carto, and ust they belion.
Mcquem, and Leers Garrig Brewton, von Pohle, Dorothy Baily, Barry Johnson, Stosel, Member McQuem is appalled at the cost of the stand-alone Mayoral election. She asked if the cost could be negotiated with the County. City Clerk Nicol reconfirmed any change in costs City Clerk Nicol clarified that State law precludes candidates from running for both Mayor and Councilmember in the same election. City Attomey Priamos added that the stand-alone Mayoral election would also necessarily result in an additional run-off election. Member Stosel wams of known and unknown future additional costs simply to enable three seated Councilmembers the opportunity to run for Mayor without forfeiting their seat.
Member Teer offered that a run-off election would be avoided if the candidate receiving the highest number of votes be elected Mayor. Member Rusty Bailey reminded the Committee that CRC-59
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the voters are the final authority and he supports placing the issue on the ballot for the voters to decide.
Molon carid y animous Brewon and soconded by Momber Garcia calling for the queation.
The original motion failed for lack of eleven affirmative votes with Members Garcia, McQuer, Dorothy Bailey, Rusty Bailey, Tear, Castilio, Ben johnson, Higgins, Barry Johnson, and Tyreli; Members Slosel, McNair, von Pohle, and Brewton voting no; and Members Mayes and Leach abstaining.
Although the hour was late, Member Rusty Bailey requested Members to remain to entertain discussion from students and others in attendance. The Committae concurred.
Youth membership on City boards/commissions
Member Rusty invited students present to offer comments on the importance of renaming of the Youth Council as a "Commission" of the City. Member Leach requests a Charter amendment to allow minors to sit on City boards and commissions similar to School Boards wherein students participate as ex-officio members with their votes recorded but not counted.
The Human Relations Commission has two ex-officio student members.
Member McQuer supports minors serving on any youth committee created by the City Council. Member von Pohle does not support youth on all City boards and commissions.
Michael Musting Indicated his prior service on the Youth Advisory Councll. Thair ideas were great but were not implemented and seen only as preliminary. The ideas were not forwarded.
Official service on a City Commission would enable the ideas to be taken further. 12) low your to so on the boards a commissions Mere rears need authorize the Youth Council to make recommendations to any City board or commission.
Members McQuer, Castillo, Mayes, and McNair left the meeting at this time.
Member von Pohle acknowledged that the City Council often does not concur with recommendations of boards and commissions. She does not support youth membership on City Council standing committees. Students lack the maturity and experience to deliberate such serious matters. Member Leach clarified the request that minors be appointed to the Youth Commission as voting members and to other boards and commissions as ex-officio members only.
Member Rusty Bailey encouraged any additional comments from the students prior to continuing deliberation and discussion at the next meeting. Member Teer strongly feels that Their partipalion should be encouraged, mistaka to exclude them from this training ground.
Vice-Chair Johnson concurs that youth should be involved in their City. He supports ex-officio youth membership on all boards and commissions. Member Dottie Bailey feels that children want to be heard. They are our future leaders and this would be good training for them.
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Member Leach clarified that the request for youth participation on boards and commissions beyond the Youth Commission is only as ex-officio members. announced that the Human Relations Commission has two ex-officio seats held by student representatives from Aivord and Riverside Unitied Schooi Districts.
Daphne Areta from Poly High School feels titles are important and a change from Youth Council to Youth Commission would be very important and meaningful. Member Brewton supports all boards and commissions having youth ex-officio membership. All groups need direction, purpose, and commitment.
Member Brewton left the meeting at this time.
The Committee adjourned at 6:50 p.m.
Respectfully submitted,
Codical
COLLEEN J. NICOL
CRC-61
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Sec.403 Compensation.
The Mayor and members of the City Council shall receive compensation for their services as such, and in addition, when on official duty, shall receive reimbursement for their necessary expenses on order of the City Council. In January of every odd numbered year, the City Council shall review the compensation including salary and benefits, of the Mayor and members of the City Council, and shall establish any Increase in compensation of the Mayor and/or the members of the City Council. No increase in salary shall exceed 5 percent of their then-existing salary, Compensation shall Each member shall receive as compensation such amount as may be fixed by ordinance, adopted by not fewer than five affirmative votes of the City Council, after a noticed. public hearing, notice of which has been given by publication at least fourteen days prior to such hearing.
The Mayor shall receive cempensation for services in such amount and at such-stated times as shall be prescribed by ordinance.
Five affirmativa votes of the Gily Gouncil are necessary to establish a level of compensation for the City
Gouncil and tha Mayor:
Once a level of compensation for City Council members and the Mayor is established, such level will not be permitted to change automatically by linking such compensation to internal or extemal factors. an external factor: every change in such compensation must bo approved by five affirmative votes of the City Gouncil.
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