City Council
Report
City Council Meeting: July 26, 2022
Agenda Item: 11.A
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To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Adoption of a Resolution Placing a Ballot Measure on the November 8, 2022 Ballot That Would Remove Sections 1011 and 1012 from the Santa Monica City Charter
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution (Attachment A) placing a measure on the November 8, 2022 ballot that would remove Sections 1011 and 1012 from the Santa Monica City Charter to allow the City Council to adopt an ordinance to establish and define the powers and duties of the Personnel Board in the Santa Monica Municipal Code; and
2. If the resolution placing an amendment to remove Sections 1011 and 1012 from the City Charter on the November 8, 2022, ballot (Attachment A) is approved, authorize City Council members to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.
Executive Summary
Following consideration of a staff recommendation for a ballot measure to revise the membership criteria for the City’s Personnel Board at its July 12 meeting, the Council directed staff to return with a ballot measure to remove Sections 1011 and 1012 from the Santa Monica City Charter to allow the City Council to adopt an ordinance to establish and define the powers and duties of the Personnel Board in the Santa Monica Municipal Code. This will align the Personnel Board with several other City Boards and Commissions that are governed by the Municipal Code and will provide the City Council with authority to revise eligibility requirements, term limits, and powers and duties of the Personnel Board through ordinance rather than a ballot measure.
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Discussion
On July 12, 2022, consistent with the City’s efforts to expand civic engagement and promote inclusive participation in the civic process, the City Council considered whether to adopt a resolution to place a measure on the November 8, 2022, general election ballot amending the City Charter’s Personnel Board eligibility requirements to: 1) include, in addition to City residents, individuals that live in Los Angeles County and are either employed full time in the City of Santa Monica, or own property in the City, or have been issued a business license by the City; and 2) amend the term of service for Personnel Board members from five years to four years (Attachment A).
The Personnel Board is a 5-member advisory body to the City Council and Human Resources Director on matters pertaining to personnel administration and is a quasi- judicial review body for hearing employee appeals of certain disciplinary actions. In conducting its business, the Board considers the rights and interests of City employees, the City administration and the citizens and taxpayers of Santa Monica.
The Personnel Board is established by, and its powers and duties are defined in Sections 1011 and 1012 of the City Charter. Any changes to the eligibility requirements, term limits, responsibilities or functions of the Personnel Board need to be made by ballot measure, which is inefficient and can be cost prohibitive. Other City Boards and Commissions, such as the Landmarks Commission, Arts Commission, and Social Services Commission, are established by, and their powers and duties defined in, the Municipal Code. Any changes to the eligibility requirements, term limits, responsibilities or functions of those Boards and Commissions may be made by ordinance of the City Council. This is more efficient and cost effective than a ballot measure.
Removing Sections 1011 and 1012 from City Charter will allow the City Council to establish and define the powers and duties of the Personnel Board by ordinance and will further allow the City Council to incorporate any amendments to eligibility requirements or term limits the Council deems appropriate, including those discussed by Council at its July 12 meeting. This recommendation will align the Personnel Board with several other City Boards and Commissions that are governed by the Municipal Code rather than the City Charter. 3 of 3
If Council adopts the attached resolution to place the measure on the ballot, staff will return to the City Council with an ordinance establishing and defining the powers and duties of the Personnel Board, which will only become effective if the ballot measure is approved by the voters. If the ballot measure is not approved by the voters, Sections 1011 and 1012 will remain in the City Charter, and the Personnel Board’s eligibility requirements, term limits, powers and duties will remain unchanged.
Next Steps
The California Elections Code allows for the City Council to amend the City Charter on its own motion and to submit the proposed amendment to the voters at an established statewide general election, provided there are at least 88 days before the election.
Financial Impacts and Budget Actions
The cost of placing the measure on the ballot will be covered by the FY 2022-23 election budget.
Prepared By: Sasha Sargent, Executive Administrative Assistant Approved Forwarded to Council
Attachments:
A. July 12, 2022 Staff Report re Revising Membership Requirements for Personnel Board (Web Link)
B. Reso re PB out of Charter (7-26-22) (Attachment A)
C. Written Comments