Governmental Processes Committee
TO: GOVERNMENTAL PROCESSES COMMITTEE DATE: FEBRUARY 7, 2024 FROM: OFFICE OF THE CITY MANAGER WARDS: ALL SUBJECT: PROPOSED CHARTER REVIEW COMMITTEE CONVENING AND STUDY OF MAYOR AND COUNCILMEMBER COMPENSATION, INCLUDING SALARY AND BENEFITS, UNDER SECTION 403 OF THE RIVERSIDE CITY CHARTER ISSUE:
Discussion of a proposed Charter Review Committee convening and study of Mayor and City Council compensation, including salary and benefits, under Section 403 of the Riverside City Charter.
RECOMMENDATIONS:
That the Governmental Processes Committee:
Consider whether or not to convene a Charter Review Committee to conduct a study and propose amendments to Section 403 of the City Charter, and conduct a study of Mayor and City Council compensation for consideration and placement on a statewide general election ballot when appropriate; Recommend that City Council considers options selected by the Committee for proceeding with the appointment process for convening a Charter Review Committee to conduct the study; and Recommend that City Council considers a date for Charter Review Committee findings to be placed on a statewide general election ballot.
BACKGROUND:
On November 4, 2004, the voters of the City of Riverside approved Measure EE, which amended Charter Section 403 of the Riverside City Charter. Measure EE eliminated the Mayor and City Council Members Salary Commission and requires the City Council, in January of every odd numbered year, to review the compensation, including salary and fringe benefits, of the Mayor and City Council Members. Any increase in salary for the Mayor and/or Members of the City Council may not exceed five percent (5%) of their then-existing salary. Compensation shall be fixed by ordinance, adopted by at least five affirmative votes of the City Council, after a public hearing, notice of which has been given by publication by at least fourteen (14) days prior to such hearing.
On February 28, 2023, the City Council adopted Ordinance Nos. 7626 and 7627, which provided a five percent (5%) salary increase and established the level of compensation of $7,242 monthly for the Mayor and $3,629 monthly for Members of the City Council, respectively, and provided certain fringe benefits.
The Ordinances adopted in 2023 provide certain fringe benefits to the Mayor and Members of the City Council consistent with those fringe benefits made available to the Executive Management employees of the City.
On January 3, 2024, the Inclusiveness, Community Engagement, and Governmental Processes Committee met, with Chair Cervantes, Vice Chair Perry, and Member Condor present, to discuss and provide staff with further direction on a proposed study of Charter Section 403. After discussion the Committee unanimously voted to bring this item to the full City Council for review.
DISCUSSION:
On January 23, 2024, the City Council met to discuss this item and voted to send the item back to the Governmental Processes Committee for further vetting and to bring options back to Council at a future meeting.
Pursuant to Charter Section 403, any increase in salary for the Mayor and/or members of the City Council may not exceed five percent of their then-existing salary. Compensation shall be fixed by ordinance, adopted by not fewer than five affirmative votes of the City Council, after a public hearing, notice of which has been given by publication by at least fourteen (14) days prior to such hearing.
City Charter and State Law Provisions
Charter Section 1403 provides for convening a Charter Review Committee (CRC) every eight years and more often if the City Council desires.
The City Charter and State law conflict on the timing of an election to consider Charter amendments. The City Charter is preempted by State law in this regard.
By State law, any Charter amendment that would “alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization” must be submitted at a statewide general election, i.e., March or November of even-numbered years. Proposals that do not so alter can be held on alternative dates.
Because the proposed Charter amendments will likely alter a benefit of local government employees, the item for consideration must be submitted at a statewide general election. To accomplish this, there are three options for consideration:
Option 1: Conduct a study by convening a special CRC for a target ballot date of November 5, 2024; Option 2: Conduct a study by convening a special CRC for a target ballot date in 2026 (if allowable); or Option 3: Conduct a study through the standard convening of a Charter Review Committee, scheduled to convene in February 2027, for a target ballot date in November 2028.
Attached is a proposed timeline (Attachment 1) if option one is selected. Additionally, the Committee will need to recommend to the City Council options for CRC appointments outlined below. If options 2 or 3 are selected, a revised timeline will be developed with revised dates.
Charter Review Committee Appointments
Section XIV.C. of the City Council Meeting Rules (Resolution No. 23976) describes three options for appointment of members to citizen ad hoc committees:
Option 1: The Mayor’s Nominating and Screening Committee shall review the applications submitted and identify applicants for interview with the Mayor and City Council. The City Clerk shall notify the City Council of those selected for interview. The Mayor and each member of the City Council may add an additional applicant for interview, if desired. The Mayor and City Council shall interview, make the appointments and select the Chair; or Option 2: By formal motion, the City Council shall authorize each member of the City Council to select a member from their Ward and the Mayor to select two at-large members. The ad hoc committee shall elect a Chair from among its membership; or Option 3: By formal motion, any other method of appointment as desired by the City Council.
STRATEGIC PLAN ALIGNMENT:
This item contributes to Strategic Priority 5 – High Performing Government and Goal 5.3 – Enhance communication and collaboration with community members to improve transparency, build public trust, and encourage shared decision-making.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Prepared by: Randy Solis, Principal Management Analyst Certified as to
availability of funds: Kristie Thomas, Finance Director/Assistant Chief Financial Officer Approved by: Edward Enriquez, Assistant City Manager/Chief Financial Officer/City Treasurer
Approved as to form: Phaedra A. Norton, City Attorney
Attachments:
Charter Review Tentative Timeline
Mayor and City Council Compensation ● Page 2