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Attachment I - Office of the City Attorney, Public Opinion Re Articles XI and XI-A.pdf

City Council Charter Review Ad-hoc Committee
January 31, 2024

Document
Attachment I - Office of the City Attorney, Public Opinion Re Articles XI and XI-A.pdf
Meeting
January 31, 2024
Body
City Council Charter Review Ad-hoc Committee
Original file
84 KB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

ATTACHMENT I

MEMORANDUM
January 24, 20
24 TO: Charter Review Advisory Commission
FROM: Lori M. Asuncion, City Attorney
RE: C ity of Stockton Charter Articles XI and XI-A and City Job Specifications The Charte
r Review Advisory Commission Chair requested an opinion from the City Attorney’s Office regarding City of Stockton Charter Articles XI and XI-A. Specifically, whether the language of certain City Job Specifications are in conflict with those Charter provisions.

The Commission requested an opinion on the following questions:

1. Is there a conflict between the Charter language and the job specifications for the Public Information Officer position(s) within the City?

2. If there is a conflict, what language is controlling?

3. If a conflict exists and the job specifications are revised, would a ballot measure be needed?
All three questions are answered below.

Conflict
City of Stockton Charter Article XI-A, Section 1151 provides:
“The Public Information Office shall be administered by a Public Information Officer appointed by the Mayor who shall serve at his or her pleasure. The Public Information Officer shall be under the direction and supervision of the Mayor.” Accordingly, any job specifications that assign work that fall under the Public Information Office to individuals outside of the direction and supervision of the Mayor would be inconsistent with the Charter language.

Order of Precedence
The City Charter takes precedence over all other City regulations, policies, administrative directives, and procedures. In the event of a conflict, the language of the City Charter controls.

Ballot Initiative

ATTACHMENT I
A ballot measure is required to amend the City Charter. City job specifications can be revised through the City’s administrative processes.

If at the end of all processes before the Charter Review Commission, Council Ad Hoc, and ultimately, the City Council, Council decides that no change is needed to the City Charter language, and direction is given to staff to resolve any inconsistencies by revising and aligning current practice with that language, then no ballot measure would be required.

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