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Attachment A – City Charter Best Practice Review Report.pdf

Council Audit Committee
April 22, 2024

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Attachment A – City Charter Best Practice Review Report.pdf
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April 22, 2024
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This report is intended for the internal use of the City of Stockton , and may not be provided to, used, or relied upon by any third parties.

Proprietary & Confidential

FINAL REPORT
City of Stockton

CITY CHARTER REVIEW
April 12, 2024
Moss Adams LLP
999 Third Avenue, Suite 2800
Seattle, WA 98104
(206) 302-6500
Attachment A

City Charter Review Report

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

Table of Contents
Executive Summary 1
A. Introduction 1
B. Summary of Observations and Recommendations 1
Introduction 3
A. Background 3
B. Scope and Methodology 3
Observations and Recommendations 5
A. Civil Service Rules 5
B. Public Information Officer Rules 15
Appendix A: Civil Service Analysis 18
Appendix B: PIO Analysis 38
Appendix C: Charter Review Best Practices 41

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EXECUTIVE SUMMARY

The City of Stockton (the City) engaged Moss Adams LLP (Moss Adams, we, our) to conduct a City Charter Review. The purpose of this review was to assist the City in re-evaluating key components of its City Charter (the Charter), identifying potential updates and changes, and enabling a productive charter revision process.

City Council and City leadership expressed interest in evaluating charter language related to the Public Information Officer (PIO) and civil service rules, to identify opportunities that support the following goals:
• Modernize, simplify, and streamline charter language
• Create efficiencies and clarity
• Address areas of risk and concern
• Evaluate alignment with industry best practices on where policies should reside (e.g., the Charter, Municipal Code, Council policies)

Observations and recommendations were grouped by relation to civil service rules or PIO, as follows:

OBSERVATIONS AND RECOMMENDATIONS
Civil Service Rules

1. Observation T he City’s charter is significantly more detailed regarding civil service rules than examined peers.

Recommendation
To align with best practices and encourage flexibility in its employment practices, Stockton should consider revising Article XXV to set succinct guiding principles for its civil service system and transfer detailed personnel and governance guidelines to its Municipal Code (the Code).

2. Observation
T
he Charter is sometimes vague and difficult to interpret, and information is not always topically organized which can create inefficiencies in employment practices.

Recommendation
In revising Article XXV of the Charter, ensure information is presented clearly, concisely, and in appropriate sections to promote clarity in civil service guiding principles.

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OBSERVATIONS AND RECOMMENDATIONS

3. Observation T he City’s personnel-related requirements defined in the Charter are highly prescriptive and complex, which impacts hiring and promotion processes.

Recommendation A. To increase flexibility and align with best practices, consider moving detailed personnel provisions in the Charter to the Code.

B. Consolidate personnel guidelines where possible.

Public Information Officer

4. Observation T here are several areas in the Charter where the City’s approach related to the PIO is potentially misaligned with best practices.

Recommendation Consider a Charter amendment to align the City’s approach to the PIO with peers and best practices.

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INTRODUCTION

The City of Stockton (the City) operates under a City Charter (the Charter), which serves as its municipal constitution. This charter, established in 1922, provides the framework for governance in Stockton, California. It outlines various provisions and regulations that govern the City's operations and administration. Additionally, it allows for the adoption of ordinances and codes that serve as laws within the City.

The purpose of this review was to assist the City in re-evaluating key components of the Charter, identifying potential updates and changes to modernize and align with best practices, and enabling a productive charter revision process.

City Council and City leadership requested an evaluation of charter language related to the PIO and civil service rules to identify opportunities that support the following goals:
• Modernize, simplify, and streamline charter language
• Create efficiencies and clarity
• Address areas of risk and concern
• Evaluate alignment with industry best practices on where policies should reside (e.g., Charter, Municipal Code, City Council policies)
To conduct this review, we evaluated the City’s charter provisions alongside those of peer cities and industry best practices. We compared the City’s charter language and practices to five peer cities in California: Riverside, Bakersfield, Sacramento, Santa Ana, and Anaheim. Best practice analysis was informed by the National Civic League’s Model City Charter and the Municipal Research and Services
Center’s Guide for Charter Commissions.

We have also included a summary of best practices related to the Charter review process, including roles and responsibilities, scope management, public outreach, and community messaging (see Appendix C).

This review was conducted between January and March 2024. The project consisted of four major phases:

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PROJECT PHASES
Phase Description Period
1 Startup and
Management
 Project initiation consisted of collaborative project planning with the City of Stockton and project management, including developing our scope of work and final work plan.

January 2024
2 Fact- Finding and Data
Collection
 In the second phase we conducted fieldwork, including charter review and interviews.

Our procedures included:
● Reviewing the existing City Charter
● Conducting interviews with key stakeholders to understand the operational impacts of existing provisions included in the Charter
● Evaluating charter provisions for appropriateness of policy location, operational impacts, efficiency, risk, and modernization
● Conducting peer analysis of relevant charter sections January–February 2024
3 Targeted Analysis  Based on the information gained during Phase 2, we performed a comparative analysis to identify opportunities for Stockton to revise its Charter to align with peer and best practices. Leveraging best practice information and a review of charter provisions for similar cities, we developed practical recommendations for the City to consider. Key procedures included:
● For each charter section recommended for potential revisions, comparing the City’s existing language to peer and best practice provisions ● Identifying and summarizing best practices for the process of evaluating charter revisions
● Preparing, presenting, and revising the draft report
February–March 2024
4 Reporting Results  We communicated the results of our analysis with observations and recommendations, presented first in a draft report that was reviewed with management to confirm the practicality and relevance of recommendations before finalizing the report.

March 2024
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OBSERVATIONS AND RECOMMENDATIONS
Based on the input gathered from interviews, charter review, best practice research, and a review of peer city charters, we prepared the following set of observations and recommendations. Our aim is to provide City leadership with actionable information on opportunities for charter improvement, with recommendations intended to provide positive impact on operational effectiveness and efficiency at the City and in its governance, risk management, and control processes. While we encourage the City to implement the recommendations contained in this report, the City must assess its own degree of risk tolerance and the cost/benefit of revising each charter section.

The observations and recommendations in this section pertain to the civil service rules section of the Charter. A comprehensive comparison, including where the City is currently aligned with peers and best practices, is included in Appendix A.

Among the five peer cities identified for review, two (Riverside and Anaheim) do not stipulate the existence of a civil service board in their charters. Where relevant, we included comparable information from other charter sections and municipal codes to understand Stockton’s alignment with peers on each topic in the Charter.

1. Observation The City’s charter is significantly more detailed regarding civil service r
ules than examined peers.

Recommendation To align with best practices and encourage flexibility in its employment practices, Stockton should consider revising Article XXV to set succinct guiding principles for its civil service system and transfer detailed personnel and governance guidelines to its Municipal Code.

Stockton’s City Charter includes more detailed information about civil service rules than all reviewed peer city charters. According to best practices, city charters should set overarching guidelines for a civil service system, while detailed practices should exist within municipal code to enable changes over time. City charters should outline the purpose and scope of the civil service system, including guidelines that will ensure fair and impartial processes for hiring and promotion, classification and compensation, performance evaluation, discipline and termination, and an appeals process. The level of detail currently included in Stockton’s City Charter indicates that many provisions would be better addressed by ordinance, and/or that the guidelines set forth in the Charter could be more succinct.

The table below summarizes the areas of Stockton’s charter pertaining to civil service rules that are more prescriptive than examined peers and would typically be found in municipal code. The City should review each section and determine which provisions should be removed from the Charter. The City should also consider where it might benefit from the additional flexibility that the Municipal Code provides, particularly pertaining to personnel and governance guidelines, as the process to amend Attachment A

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the Code provides greater flexibility over time. For sections that pertain to setting guidelines for the system, the City should consider opportunities to present that information in a more succinct manner.

CHARTER AREAS : CIVIL SERVICE RULE S
Section Stockton Charter Peer Charter Analysis Recommendation Section 2502:

Civil Service
Commission;
Creation and Term
of Office
● S tates that Civil Service
Commission
(Commission) members
are compensated by
ordinance or resolution
● States that Commission
members can be
removed for good
cause
● Sets quorum number
and majority vote rules
● States that successors
are appointed for three-
year terms after terms
expire
● Peers do not stipulate
anything regarding
Commission
compensation,
quorum, or majority
vote in the charters
● One city charter
includes a process for
removing Commission
members and re-
appointment term
guidelines
● Eliminate provisions
related to Commission
compensation, quorum,
and majority vote from
the City Charter and
integrate these
requirements into the
City’s Municipal Code
(the Code)
Section 2503:

Functions and
Duties of the Civil
Service
Commission
● S tates meeting
cadence
● Requires the Civil
Service Commission to
appoint leading roles
● Defines powers of
Commission
● Defines interim position
limitations
● States that candidates
on an eligible list for
three years are dropped
from list and must retest
● Peers largely do not
include comparable
information in charters
● One city stipulates that
the City Manager
appoints leading roles
● One city states an
expiration for eligible
lists (see also Exams
and Eligible Lists)
● Eliminate provisions
related to meeting
cadence, appointment
of leading roles, interim
position limitations, and
expiration of eligibility
lists from the City
Charter and integrated
these requirements into
the Code
● Review the
Commission’s powers
to ensure alignment
with best practices and
provide clarity on its
role for members
serving in this capacity
●
Section 2507:

Establishment of
Employment Lists
● A ssigns the weight that
each test counts toward
overall score (see also
Exams and E ligible
Lists)
● States overall guidance
for test practicality
● Requires that tests be
open to inspection by
Police and Fire Chiefs
and, at the discretion of
the Commission, by the
public
● Peers largely do not
include comparable
information in charters
● One city states that
exams shall fairly test
the relative capacity of
candidates
● Two cities set
minimum service
requirements for Fire
and Police in their
charters, but provide
less detail
● Eliminate test
weighting and notice of
examinations from the
City Charter and
incorporate into HR
policies and
procedures
● Eliminate test
inspection provisions
and minimum service
requirements from the
City Charter and
incorporate into the
Code
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CHARTER AREAS : CIVIL SERVICE RULE S
Section Stockton Charter Peer Charter Analysis Recommendation ● Requires that notice of
tests be posted in three
public places not less
than two weeks prior to
testing
● Sets detailed minimum
service requirements
for Fire and Police
● Explore opportunities
to create efficiencies in
the eligible list
certification process
1 Section 2513:

Military Service;
Promotional Rights
Upon Return
● S tates conditions under
which members of
armed forces can retain
eligibility
● Peers do not include
comparable guidance
in charters
● Eliminate provision
from City Charter and
incorporate into HR
policies and
procedures
Section 2514:

False Marking,
Grade, Etc.;
Prohibited
● S tates rule of no
interference with exams
or results
● Peers do not include
comparable guidance
in charters
● Eliminate provision
from the City Charter
and incorporate into
the Code
Section 2517:

Candidate While
Under Civil Service
● S tates that anyone
employed under civil
service or on the
eligible list cannot
accept a conflicting
public office without
immediately resigning
from their civil service
position
● Peers do not include
comparable guidance
in charters
● Eliminate provision
from the City Charter
and incorporate into
the Code
Section 2523:

Official Roster
● S tates that the
Commission maintains
an official roster of all
civil service positions,
and salary payments
cannot be made to a
person not certified by
the Commission
● Peers do not include
comparable guidance
in charters
● Eliminate provision
from the Charter and
incorporate into the
Code, or consider
elimination of this
provision entirely
Section 2527:

Period of Duty
● S ets regular working
hours for the Fire
Department
● Peers do not include
comparable guidance
in charters
● Eliminate provision
from the City Charter
Section 2531:

Rewards and
Compensation
● P rohibits Fire and
Police officers or
members from
accepting additional
compensation without
approval
● Peers do not include
comparable guidance
in charters
● Eliminate provision
from the City Charter
and incorporate into
HR policies and
procedures

1 Section 2503 (i) stipulates that a function of the Commission is to certify the candidate list. Because the Commission meets monthly, this often means that hiring processes are stalled for several weeks until the next Commission meeting. While this is standard practice for Police and Fire positions, it is an unusual delay for non-sworn classified positions (all positions at the City are currently classified), and staff report that it often results in candidates finding other employment in the interim.

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CHARTER AREAS : CIVIL SERVICE RULE S
Section Stockton Charter Peer Charter Analysis Recommendation ● Allows City to give
awards for heroic
conduct
Section 2535:

Appropriations
● R equires the Council to
provide necessary
resources to the
Commission and pay
for exams through the
general fund
● Peers do not include
comparable guidance
in charters
● Eliminate provision
from City Charter and
incorporate into the
Code
Section 2536:

Provisions
● A llows Council to enact
ordinances to bring
penalties on people
who violate the civil
service provisions in the
Charter
● Peers do not include
comparable guidance
in charters
● Eliminate provision
from City Charter
Section 2537:

Classified Service
● S tates that the City
Council has the
authority to include
additional City
employees under civil
service rules.
● Peers largely do not
include comparable
guidance in charters
● One city’s code allows
the HR Director to
classify employees in
response to
regulations
● Explore opportunities
to declassify all
positions outside of
Police and Fire (see
also Charter Language,
pg. 11)
Section 2539:

Constitutionality of
Act
● S tates that the Act
remains valid if one part
is found
unconstitutional
● Peers do not include
comparable guidance
in the Charter
● Eliminate provision
from City Charter
Section 2540:

Repeal of
Conflicting Acts
● S tates that any
conflicting provisions in
City Ordinances or the
Charter are repealed
● Peers do not include
comparable guidance
in the Charter.
● Eliminate provision
from City Charter
Section 2541:

Emergency
Provisions
● S tates that the Council
can set aside these
rules during an
emergency, for a
maximum of 90 days or
until the emergency
ends—whichever is
shorter
● Peers largely do not
include comparable
guidance in the
Charter.
● One city stipulates that
the council can
introduce and pass
urgently need changes
within a single meeting
with at least four-fifths
voting in favor.
● Eliminate provision
from City Charter and
incorporate into
Council emergency
provisions
Section 2542:

Appointments from
Classified Service
to Unclassified
Service
● S tates that an
employee who moves
from classified to
unclassified service has
the right to be re-
● Peers do not include
comparable guidance
in the Charter.
● Eliminate provision
from City Charter and
incorporate into HR
policies and
procedures
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CHARTER AREAS : CIVIL SERVICE RULE S
Section Stockton Charter Peer Charter Analysis Recommendation employed in a classified
position
The City of Santa Ana provides a good example of using the civil service section of a charter to establish guidelines that promote fairness, impartiality, and accountability. Its civil service rules, as set forth in Article X, f ocus on the outcomes that a code should be written to achieve: that the most qualified and competent employees should be hired and promoted, that no outside influences should affect appointments and promotions, and that equal opportunity and equitable treatment should be afforded to all persons. It makes the necessary definitions for a civil service system to be established and leaves all operating detail for inclusion in the municipal code. As the City of Stockton reviews Article XXV, management may consult this example to help guide revisions.

An Additional Note on the Code
While discussing the proscriptive nature of its civil service rules, City staff also raised the issue that Rule II Section 5 (d) (4) of the City’s Code of Ordinances requires that public hearings, appeals, and all other actions before the Commission be posted “in a daily newspaper printed and circulated in the City of Stockton.” In practice, The Record (an online-only publication) is the only newspaper that meets those requirements. Staff report that the City pays $80,000 a year to post public notices to The Record to comply with this rule. Beyond the additional expense, staff shared that The Record has very few employees so cannot quickly turn posts around, and the requirement to first post notices to this publication can sometimes affect the timeline of appeals and hearings. In addition, staff report that it does not appear that any job applications are submitted through postings made on The Record.

Though this is not a Charter rule, it suggests that the issue of overly prescriptive language may extend to the Code and that updates to such rules could enhance efficiency and effectiveness in hiring processes.

2. Observation The Charter is sometimes vague and difficult to interpret, and i
nformation is not always topically organized which can create inefficiencies in employment practices.

Recommendation In revising Article XXV of the Charter, ensure information is presented clearly, concisely, and in appropriate sections to promote clarity in civil service guiding principles.

Interviewed City staff shared that the language used to explain civil service rules in the Charter is sometimes vague and difficult to interpret. Staff err on the side of caution when interpreting the Rules due to the risk of implementing a rule differently than it has been implemented in the past, but the ambiguity of the language naturally results in some staff having different interpretations of the Rules.

When staff are uncertain about how to interpret a rule, they often refer to the City Attorney’s Office for guidance that slows down internal processes.

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A city’s charter should be clear, concise, and easily understandable by staff and the general public.

The Charter’s civil service rules are currently aligned with some best practices that support readability, such as the use of headings and subheadings and inclusion of definitions for key terms and concepts. However, the Rules would be easier to interpret if they used simple words and sentence structures and were presented in a more condensed format.

Areas of the Charter that may benefit from increased clarity include:
• Sections 2502 and 2503: These sections explain the roles and responsibilities of the Civil Service Commission. While the Charter includes significant detail on the operations of the Commission as described in Detailed Information in the Charter, i t does not explicitly define the overarching role of the Commission. Staff shared that this ambiguity has resulted in uncertainty about the scope of the Commission’s work, and that additional guidance regarding what is and is not under the Commission’s purview would help clarify roles and responsibilities.

There is al so an opportunity to more clearly organize the content in the Charter and, as mentioned in Detailed Information in the Charter, consider opportunities to present the information in a more succinct manner. For example, Section 2503 covers the functions and duties of the Civil Service Commission and Section 2503 (j) includes the requirement that “any person carried on the eligible list for a period of three years without being appointed or promoted, shall be dropped from said eligible list and shall thereafter not be eligible for appointment or promotion without re-examination.” This is important information regarding eligible lists, and therefore would be better positioned in Section 2507: Establishment of Employment Lists. After careful reading, the meaning of the requirement becomes clear—but it would be more straightforward to rephrase this sentence using plain language. For example, “If a candidate on an eligible list has not been appointed or promoted within three years, they will be dropped from the list. To be considered again, they will need to retake the examination.” • Se
ctions 2508, 2509, and 2510: These sections consider the filling of vacant positions in the Police and Fire Departments through similar approaches, but are organized in a confusing manner.
• Section 2537: This section gives the Commission the authority to include additional City employees under civil service rules. Peer cities largely do not give any comparable body the authority to do this, although one city’s code allows the HR Director to do so in response to regulations. Interviewed staff shared that there is some uncertainty around how the list of currently classified positions came to be, and that it would benefit the City to declassify some positions that are currently classified, because it would shorten hiring processes.

As the City reviews Article XXV, it should identify areas that are vague, confusing, or misplaced to create clarity in civil service guidance.

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3. Observation The City’s personnel-r elated requirements defined in the Charter are highly prescriptive and complex, which impacts hiring and promotion processes.

Recommendation A. T o increase flexibility and align with best practices, consider moving detailed personnel provisions in the Charter to the Code.

B. Consolidate personnel guidelines where possible.

Promotion and Probation
Stockton’s charter provisions on promotion and probation are highly detailed and complex. Although this was not raised as a concern by staff, it would support charter readability to simplify this information. The areas concerning promotion and probation where the Charter is not aligned with peers are detailed in the following table.

CHARTER AREAS: PROMOTION AND PROBATION
Section Stockton Peers Recommendation
Section 2507:

Establishment of
Employment Lists
● E stablishes minimum
service requirements
for Fire promotions:
18 months for
Firefighter, five years
for Captain, three years
at previous rank for
Battalion Chief,
requirement of holding
the prior rank for
Assistant Chief, and
Captain for six months
to be eligible for Fire
Chief.
● Establishes minimum
service requirements
for Police promotions:
18 months for Police
Officer, five years for
Sergeant, Sergeant for
two years for
Lieutenant, hold
Lieutenant rank for
Captain, and be ranked
above Police Officer for
Police Chief.

Only two peers include
minimum service
requirements for Police
and Fire promotions in
their charters, and both
have shorter tenure
requirements.

Bakersfield:
● Fire: three years for
Assistant, Deputy, and
Fire Chief; three years
in Department and one
year in current rank for
all other positions
● Police: five years for
Police Chief;
three years in
Department for all
other positions
Sacramento:
● Fire and Police: three
years in Department;
two years in role for
subsequent promotions
Although this was not
raised as a current issue,
cities across the country
are experiencing difficulty
recruiting for Police and
Fire departments. Taking
Consider eliminating
minimum service
requirements from the City
Charter and incorporating
them into the Code. Review
minimum service lengths, to
determine whether timelines
could be shortened in
alignment with peer cities
and to support the City's
public safety departments in
filling all ranks.

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CHARTER AREAS: PROMOTION AND PROBATION
Section Stockton Peers Recommendation
promotion requirements
out of the charter might
afford the City greater
flexibility when needed to
fill vacant positions—
particularly leadership
positions.

Section 2508:

Appointments to
Vacant Positions,
Certification
Stipulates length of
pr
obation and sets the
process for demotion,
which is duplicative of
Sections 2535 and 2534.

Peer cities usually include
probation information in
one place.

Eliminate duplicative
sections from City Charter.

Section 2535:

Probationary
Period
Sets the Fire Department
pr
obation period not to
exceed 18 months.

Of the two peers who
stipulate a probationary
period in the charter, only
one sets the duration and it
is set at six months. Two
peers set the duration
outside of the charter at 12
months each.

Probationary periods often
last anywhere from six to
24 months.

Eliminate the provision from
the City Charter and
incorporate into HR policies
and procedures and/or labor
agreements.

Section 2534:

Probationary
Period
Sets the Police Department
pr
obation period not to
exceed 18 months.

Of the two peers who
stipulate a probationary
period in the charter, only
one sets the duration and it
is set not to exceed 12
months. Two peers set the
duration outside of the
charter at 18 months (12 if
lateral, six if Detective) and
12 months, respectively.

Probationary periods often
last anywhere from six to
24 months.

Eliminate the provision from
the City Charter and
incorporate into HR policies
and procedures and/or labor
agreements.

Exams and Eligible Lists
The City Charter requires the use of exams and eligible lists that rank top-scoring candidates in the hiring process for classified positions. Although this is a common practice and all examined peers use exams and eligible lists (though only two require it in their charter), interviewed employees shared that eligible list certifications significantly slow down the hiring process. In the current labor environment, delays in hiring personnel often results in the loss of qualified candidates. Additionally, Attachment A

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research shows2,3,4 that exams often favor dominant social groups and therefore, reliance on exam results to qualify for positions could present unintended biases into the hiring process.

In addition, staff shared that the Charter’s rules around certifying candidates from eligible lists to fill vacancies are limiting in practice. When a department has two similar openings within a short period of time, they are required to use the same eligible list (and candidates are eligible to be certified three times), but the department has often already interviewed many of the candidates on that list and determined that they are not a good fit. Departments must then either re-interview candidates they do not want to hire to move them off the list and receive new candidates, or wait several months until the list expires, during which time they leave the vacancy unfilled. This is not a good use of staff time and resources, does not support the City’s goal of hiring the best candidates available, and often results in operational impacts to departments that are unable to perform certain responsibilities due to personnel limitations.

The table below summarizes charter provisions on exams and eligible lists that do not align with peer or best practices.

CHARTER AREAS: EXAMS AND ELIGIBLE LISTS
Section Stockton Peers Recommendations
Section 2503:

Functions and Duties
of the Civil Service
Commission
States that anyone on an
el
igible list for three
years without
appointment or
promotion is dropped
from the list and must
take an exam to be
reconsidered.

One peer stipulates the
length of time a
candidate may remain
on an eligible list, and in
that city the time frame
is one year unless
extended by the
Commission. One other
city sets the time limit in
its code as two years for
Police and Fire, and six
months for all other
positions.

Eliminate provision from
City Charter and
incorporate into HR policies
and procedures
Section 2508:

Appointments to
Vacant Positions,
Certification
● R equires
Commission to certify
one eligible candidate
per open position
based on ranking in
the eligible list.

Stipulates length of
probation and sets
process for demotion.
● Requires
Commission to certify
three highest ranked
Two peer cities include
stipulations about filling
PD or FD vacancies in
their charter. The City
includes far more detail
than each of these
peers.

Eliminate provision from
City Charter and
incorporate guidance into
Municipal Code, with
specific details outlined in
HR policies and procedures

2 Testing for Whiteness? How High-Stakes, Standardized Tests Promote Racism, Undercut Diversity, and Undermine Multicultural Education
3 Rethinking Standardized Testing from an Access, Equity, and Achievement Perspective: Has Anything Changed for African American Students?
4 Reducing Reliance on Test Scores Reduces Racial Bias in Neurology Residency Recruitment Attachment A

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CHARTER AREAS: EXAMS AND ELIGIBLE LISTS
Section Stockton Peers Recommendations
members of the
eligible list when the
position of Assistant
Fire Chief is vacant
and sets a process to
certify additional
names if needed.

Section 2509 Requires Commission to
c
ertify two more than the
number of vacancies for
vacant entry-level Fire
Dept. positions. Allows
the Fire Chief to select
one of three certified
candidates.

Two peer cities include
stipulations about filling
Fire Department
vacancies in their
charter, though not
specifically entry-level
vacancies. The City is
relatively well aligned
with peers in these
cases, although one city
allows the City Manager
to choose from the top
three highest standing
candidates on the
eligible list rather than
the Fire Chief. However,
there are some
differences in approach
with cities who include
this information in the
code.

In one city, HR reviews
the eligible list with the
hiring department when
a vacancy occurs. HR
may post a job
announcement to
augment the qualified
applicant pool when
there is a need to
expand the pool to
achieve greater
diversity, prior
experience, or expanded
skill sets. This approach
may yield more diverse
candidates who are a
good fit for an individual
position. The other two
cities who include this
information in the code
both allow the
appointing authority to
select the best qualified
Eliminate the provision from
the City Charter and
incorporate guidance into
the Code, with specific
details outlined in HR
policies and procedures.

Attachment A

City Charter Review Report | 15

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

CHARTER AREAS: EXAMS AND ELIGIBLE LISTS
Section Stockton Peers Recommendations
candidate from the
certified list.

Section 2510:

Filling Vacant Position
Requires the appointing
aut
hority to consider the
re-employment list first,
for vacant entry-level
Police Department
positions. States that the
Commission will certify
two more names than the
number of vacancies,
and the authority can
then select one individual
on the eligible list or one
individual from the lateral
list to fill the vacancy.

Peers do not include
comparable information
concerning re-
employment lists.

Eliminate the provision from
the City Charter and
incorporate into the Code.

Best Practices
National Civic League best practice is to design personnel provisions that will create a flexible system and encourage the development of competent staff. Personnel systems are increasingly controlled by state law and are subject to federal regulatory authority. Therefore, the Charter should not impose additional constraints and details affecting personnel administration. Instead, it should strongly state the City’s commitment to the merit principle and call on City Council to provide, by ordinance, for the organization and procedures of the personnel system.

To align the Charter with best practices, the City should consider amending the detailed personnel provisions in the Charter to instead emphasize the merit principle and allow the Council to provide, by ordinance, the organization and procedures of the personnel system. By removing specific details from charter language, the City will have increased flexibility to meet evolving demands to recruit, retain, and develop personnel.

4. Observation There are several areas where the City’s approach related to the P IO in the Charter is potentially misaligned with best practices.

Recommendation Consider a charter amendment to align the City’s approach to the PIO with peers and best practices.

Attachment A

City Charter Review Report | 16

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

Areas where the City is potentially misaligned with peers are noted in the table below.

PIO PEER COMPARISON
Topic Stockton Peer Analysis Summary
Inclusion of
PIO in the
Charter
Stockton’s City Charter stipulates the
ex
istence of a PIO who serves under the
direction and supervision of the Mayor, and
details the functions and duties of the role.

None of the peer cities included in this
analysis mention the PIO role in their city
charter.

Appointment of
Officers
Stockton’s charter stipulates that the PIO is
app
ointed by the Mayor.

Of the two cities that include information
about appointing officers other than the City
Attorney and City Clerk in their charter, one
stipulates that the City Manager appoints
officers and one stipulates that the City
Council appoints officers.

Existence of a
Public
Information
Office
Public information is currently coordinated
t
hrough the Mayor’s Office, with support
from the City Manager’s Office (CMO).

Although some peers have dedicated
Communications offices, most handle media
and public communications out of the CMO.

PIO Reporting
and
Organizational
Structure
● T here is a PIO in the Mayor’s Office.
● The Charter states that PIO is under the
direction and supervision of the Mayor.
● There is a Community Relations Officer
in the CMO, who also performs some
PIO-related duties.
● There is a PIO in the Police Department
to manage public safety records
requests.
● The PIO or equivalent position in all peer
cities reports to the City Manager or
Deputy City Manager. Some cities also
have dedicated PIOs embedded in
departments like Police.
● PIOs at three cities lead dedicated public
communications offices.
● One city employs a Media and
Communications Officer in the CMO,
and a Communications Director in the
Mayor’s office, similar to Stockton.

PIO Duties According to the City Charter, the PIO
gat
hers and disseminates information to the
public and the news media concerning the
policies of the Council and other information
regarding the City.

All comparable positions at peer cities
undertake similar job duties.

This section provides further research on each area where the City is potentially misaligned with best practices.

Inclusion of PIO in the Charter: None of the city peers examined include PIOs in their city charter.

While including a PIO in the charter can have benefits such as providing a clear reporting structure, promoting transparency, and ensuring a consistent approach to public communication, the drawbacks can include limited flexibility and the possibility of politicizing the position. Therefore, including PIOs in a charter may be a more natural fit for cities with large populations and complex communication needs. The model City Charter does not mention a PIO.

Attachment A

City Charter Review Report | 17

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

Appointment of Officers, PIO Reporting, and Organizational Structure: The City’s charter states that the PIO is appointed by and supervised by the Mayor. In all peer cities examined, the PIO or equivalent position reports to the City Mayor’s Office (CMO). While reporting to the CMO or the Mayor’s office affords similar benefits for PIOs in terms of direct access to the City’s top decision- makers and the ability to exercise more control over messaging, it is important to consider the risks of political interference and limited perspective that may arise from the PIO reporting to and being appointed by an elected official. It is important that the PIO is seen as a trustworthy and reliable source of information by the public, and that key communications functions and interdepartmental collaboration is in compliance with state laws pertaining to emergency alerts and warnings.

PIO vs. Public Records Requests: Although the City and all peer cities examined state on their websites that the City Clerk can receive public records requests, the California Public Records Act does not require that the City Clerk manage the response to these requests. Typically, a PIO focuses on acting as a liaison between a city and the media as well as on public communications, and responding to such requests appears to be generally out of scope for this position. In most cities, City Attorney’s Offices respond to public records requests due to state compliance requirements, and management of these activities is not specified within city charters.

Attachment A

City Charter Review Report | 18

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

APPENDIX A: CIVIL SERVICE ANALYSIS
Note: Gray fill in the following table indicates comparable information that was not taken from a charter.

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Section 2500:

Departments
Subject to Civil
Service
Fire and Police operate
under civil service rules/regs
while maintaining separate
organization/identity led by a
Department Chief
Charter does not stipulate
existence of any civil service
board
Fire and Police maintain
separate organizations but
there are three civil service
boards (Fire, Police,
Miscellaneous)
All employees except
exempt
All employees except
exempt
Charter does not stipulate
existence of any civil service
board
Section 2500:

Departments
Subject to Civil
Service
Legislative body of City can
sometimes appoint
officers/staff.

N/A N/A due to Miscellaneous
board
Does not stipulate Does not stipulate N/A
Section 2501:

Employees Subject
to Civil Service
Classified service includes
all Fire and Police
Department employees,
including Chiefs
N/A Classified service includes
all Fire and Police
Classified service includes
all Fire and Police
Classified services includes
all Fire and Police
Charter does not stipulate
Section 2501:

Employees Subject
to Civil Service
Chiefs and Deputy Chiefs
are appointed
N/A Fire: Chief is appointed by
City Manager
Police: Chief is appointed by
City Manager
Does not stipulate Does not stipulate All other officers, department heads and
employees of the City shall
be appointed and may be
removed as elsewhere in
this Charter provided.

5 Note: Relevant rules included in Policy and Procedure Manual, not in Charter Attachment A

City Charter Review Report | 19

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Section 2501:

Employees Subject
to Civil Service
All appointments and
promotions are based on
merit, efficiency, and fitness
N/A Similar Does not stipulate Similar All other officers, department heads and
employees of the City shall
be appointed and may be
removed as elsewhere in
this Charter provided.

Section 2501:

Employees Subject
to Civil Service
All appointments and
promotions are subject to an
open, competitive
examination and impartial
investigation
N/A All applicants/promotions
subject to public,
competitive, free
examination
City Council determines who
is exempt from civil service
rules (Article VII, Section 83)
Civil service rules apply to
all city employees except for
list of exempt positions
(Article X, Section 1002)
All officers and positions of
the City are divided into the
classified service and the
exempt service. The exempt
service shall include the
following: (1.05.030
SCOPE)
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
Civil Service Commission
consists of 5 members
N/A Fire 3, Police 3,
Miscellaneous 5
5 members
7 members total (website) Charter does not stipulate
e
xistence of any civil service
board
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
Members cannot hold other
public office, position, or
employment within the City
N/A No ties to City government No ties to City government No ties to City government,
PACs, any political club or
organization
Charter does not stipulate
e
xistence of any civil service
board
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
Members are appointed by
the City's legislative body
N/A Appointed by Council Appointed by Council Appointed by Council Charter does not stipulate existence of any civil service
board
Attachment A

City Charter Review Report | 20

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
Members are appointed to
staggered terms of three
years
N/A Three-year term Five-year term Does not stipulate Charter does not stipulate existence of any civil service
board
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
Members are compensated
by ordinance or resolution
N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate existence of any civil service
board
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
Members must be U.S.
citizens & Stockton
residents/electors.

N/A Must be City residents Must be City residents
Must be City residents Charter does not stipulate
e
xistence of any civil service
board
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
Members can be removed
by City's legislative body for
incompetency,
incompatibility or dereliction
of duty or malfeasance in
office or other good cause.

Charges must be in writing,
due notice given, and a full
hearing had.

N/A Members can be removed
by the same process as
elected city officers or by a
unanimous vote of eligible
Council members
Does not stipulate Does not stipulate Charter does not stipulate existence of any civil service
board
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
A quorum is three members. N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate existence of any civil service
board
Attachment A

City Charter Review Report | 21

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
Decisions are made by
majority vote (three
members).

N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate existence of any civil service
board
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
At the expiration of each of
the terms so provided for, a
successor shall be
appointed for a term of three
years.

N/A Within 60 days of
ratification, the Council
reappoints two members for
three-year terms, two for
two-year terms, and one for
a one-year term – the three-
year term to be that of the
incumbent with the longest
remaining term, the one-
year term to be that of the
incumbent with the shortest
remaining term
Does not stipulate Does not stipulate Charter does not stipulate existence of any civil service
board
Section 2502:

Civil Service
Commission;
Creation and Term
of Office
Vacancies are filled by a
majority vote of the City's
legislative body for the
unexpired term.

N/A Vacancies are filled by
appointment for the
remaining term.

Vacancies are filled by the
council as needed.

Does not stipulate Charter does not stipulate
existence of any civil service
board
Section 2503:

Functions and
Duties of the Civil
Service Commission
Commission must elect
chairperson and hold
meetings every 60 days.

Commission must appoint a
Secretary of the Civil
Service Board and a Chief
Examiner. Commission can
create rules and regulations
outlining the process for
examinations and
employment changes.

N/A Does not stipulate City Manager appoints a
director of personnel who
serves as secretary of
board, chief examiner
Meetings on an as needed
basis at 6:00 p.m.

Charter does not stipulate
e
xistence of any civil service
board
Attachment A

City Charter Review Report | 22

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Commission can conduct
investigations. Commission
handles appeals and
complaints about the
Personnel Department.

Section 2503:

Functions and
Duties of the Civil
Service Commission
The rules adopted by the
Commission must award
five points on the entrance
exam for individuals who
have served on active duty
in any branch of the United
States Armed Forces.

Veteran - 5 points
Disabled Veteran - 10 points
Spouse or Widow of
Disabled or Deceased
Veteran - 10 points
Does not stipulate I ndividuals who have served
in the US armed forces get
10 points on their entrance
exam. Conditions apply.
(Article VII, Section 85)
Preference for veterans for
appointment to civil service
positions consistent with the
principle of merit. (Article X,
Section 1000) In all
examinations for entrance
into the civil service of the
city, veterans who attain a
passing grade shall be
allowed an additional
preferential credit of five (5)
percent, and disabled
veterans obtaining a
passing grade shall be
allowed a preferential credit
of ten (10) percent of the
maximum possible grade for
such examination. (Article II,
Section 9-37)
Charter does not stipulate
e
xistence of any civil service
board
Section 2503:

Functions and
Duties of the Civil
Service Commission
One person may only fill a
temporary or interim position
for four months in any fiscal
year.

N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate existence of any civil service
board
Attachment A

City Charter Review Report | 23

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Section 2503:

Functions and
Duties of the Civil
Service Commission
Anyone on an eligible list for
three years without
appointment or promotion is
dropped from the list and
must take an exam to be
reconsidered.

N/A Any person carried on the
eligible list for a period of
one year, unless extended
by the Commission, without
being appointed or
promoted shall be dropped
from said eligible list and
shall not be eligible for
appointment or promotion
without re-examination.
(Section 211)
Does not stipulate
Eligible lists for
classifications designated as
“local police/fire safety”
members of the public
employees' retirement
system shall be in effect for
two (2) years.(b)Eligible lists
for all classifications which
are not included in
subsection (a) above shall
be in effect for six (6)
months, but may be
extended in six-(6)-month
increments with the
approval of the city manager
to allow for a maximum life
of list of two (2) years.
(Article II, Section 9-46)
Charter does not stipulate
us
e of exams and eligible
lists.

Section 2507:

Establishment of
Employment Lists
(a)
The Chief Examiner
provides public and
competitive exams for
positions.

HR administers competitive
exams as necessary.

Fire and Police Civil Service
B
oards hold public and
competitive exams and tests
Civil Service Board
conducts exams to establish
eligible candidates for filling
classified positions. Higher-
ranking positions are filled
through promotions from
lower ranks. In police and
fire, higher uniform positions
are exclusively filled through
promotional exams,
requiring a minimum tenure
and rank-holding period.
(Article VII, Section 84)
Exams are conducted but
charter does not stipulate
anything about them
Charter does not stipulate
use of exams and eligible
lists.

Attachment A

City Charter Review Report | 24

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Section 2507:

Establishment of
Employment Lists
(b) and (c)
For the Police and Fire
Departments, written exams
may count toward 50% of
the passing score and oral
interviews may count for up
to 30% for the rank of
Sergeant in the Police
Department and 35% for the
rank of Captain in the Fire
Department. Seniority credit
is limited to 5% of the total
passing score.

HR determines the weight
assigned each test.

Does not stipulate D oes not stipulate Does not stipulate Charter does not stipulate Section 2507:

Establishment of
Employment Lists
(d)
All tests shall be practical
and consist only of subjects
that fairly determine a
person's capacity to perform
the duties of the position. No
religious or political
questions.

HR consults with affected
departments to determine
the appropriate means of
examining applicants. HR
determines the content and
combinations of tests to be
used.

Fairly test relative capacity D oes not stipulate Does not stipulate Charter does not stipulate use of exams and eligible
lists.

Section 2507:

Establishment of
Employment Lists
(d)
The Commission shall
establish a list of eligibles
for each grade based on
minimum scores, ranked by
performance.

HR determines which
candidates are placed on
the eligibility list based on
the results of the selection
process.

Board prepares eligible list P repares eligible list from exams
Does not stipulate Charter does not stipulate
use of exams and eligible
lists.

Section 2507:

Establishment of
Employment Lists
(e)
Tests shall be open to
inspection by Police and
Fire Chiefs and to public
inspection at the discretion
of the Commission.

Does not stipulate Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate use of exams and eligible
lists.

Attachment A

City Charter Review Report | 25

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Section 2507:

Establishment of
Employment Lists
(e)
Notice of the time, place,
and general scope of every
test and relevant duties for
positions shall be posted in
three public places in the
City not less than two weeks
prior to exams.

Does not stipulate Does not stipulate Does not stipulate Whenever an exam is to be
given, HR executive director
shall give sufficient public
notice. Notices shall be
posted on a bulletin board at
the city hall, readily
available to the public, in the
office of the executive
director of personnel
services and in the
departments where exist
classifications for which
examinations are being held
Charter does not stipulate
us
e of exams and eligible
lists.

Section 2507:

Establishment of
Employment Lists (f)
Minimum service
requirements for Fire:
● 18 months for Firefighter
● Five years for Captain
● Three years at previous
rank for Battalion Chief
● Hold prior rank for
Assistant Chief
● Captain for six months
for Fire Chief
Does not stipulate Fire: three years in Dept,
one year in current rank
Three years for Assistant
FC, Deputy FC, FC
Three years in Department;
subsequent promotion for
two years
Does not stipulate Charter does not stipulate.

An ordinance outlining
employment lists is to be
established. “The City
Council shall by ordinance
establish a personnel
system for the selection,
employment, classification,
advancement, demotion,
suspension and discharge
of those appointive officers
and employees who shall be
included in the system.”
(Section 1000)
Section 2507:

Establishment of
Employment Lists
(g)
Minimum service
requirements for Police:
● 18 months for Police
Officer
● Five years for Sergeant
● Sergeant for two years
for Lieutenant
Does not stipulate Police: Five years for PC,
three years all other
positions
Three years in Department;
subsequent promotion for
two years
Does not stipulate
Attachment A

City Charter Review Report | 26

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
● Hold Lieutenant rank for
Captain
● Above Police Officer for
Police Chief
Section 2507:

Establishment of
Employment Lists
(h)
Promotions can only be
made to the next higher
grade, with the exception of
the Police and Fire Chief.

Does not stipulate Promotions only to next
grade
Promotions only to next
grade
Vacancies in positions of the
higher classification shall, as
far as practicable, be filled
by promotion of employees
occupying positions of lower
classifications (Article II,
Section 9-35)
Section 2508:

Appointments to
Vacant Positions,
Certification
When a vacancy in the
Police or Fire Department
arises, the Commission
certifies one eligible
candidate per open position
based on their ranking in the
eligible list. Probationary
appointments are made,
lasting 12 months. During
the probationary period, the
Chief may demote the
appointee, who may repeal
within 10 days which
triggers the Commission to
complete an investigation.

When the position of
Assistant Fire Chief
becomes vacant, the
Commission will certify the
three highest ranked
members on the eligible list;
if two of these positions are
open the Commission will
HR maintains eligibility lists
of qualified candidates. If an
eligibility list exists for the
positions requested, HR will
review applications with the
hiring department. HR may
post a job announcement to
augment the qualified
applicant pool when there is
a need to expand the
applicant pool to achieve
greater diversity, prior
experience and/or desired
skill sets.

Fire: All officers or members
s
hall be chosen or
nominated by the City
Manager from top three
highest standing candidates
on eligible list
Police: Commission shall
certify two or three
candidates with highest
standing on list
Fire/Police not separate.
“For the filling of one
vacancy, the appointment
shall be made from among
the eligible persons whose
scores, at the time of
certification, represent the
three highest whole
percentage score ranks on
the list.” (Article VII, Section
84)
The appointing authority can
select the best qualified
candidate from the certified
list, with restrictions on how
many times a candidate can
be certified, and options for
selecting from existing lists
or making temporary
appointments if necessary,
followed by confirmation of
the appointment by the
executive director of human
resources. (Article III,
Section 9-67)
Charter does not stipulate
c
ivil service position
vacancies. A vacancy in the
office of Mayor or on the
City Council, from whatever
cause arising, shall be filled
by appointment by the City
Council.

Attachment A

City Charter Review Report | 27

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
certify two additional names.

If three names are not
available, the Commission
will schedule and conduct
an exam until the number of
eligible names can be
attained.

Section 2509 When an entry-level Fire
Department position
becomes vacant, the
appointing authority
requests candidates from
the Commission, which
certifies two more than the
number of vacancies. The
Fire Chief can then select
one of the three certified
individuals to fill the
vacancy.

HR maintains eligibility lists
of qualified candidates. If an
eligibility list exists for the
positions requested, HR will
review applications with the
hiring department. HR may
post a job announcement to
augment the qualified
applicant pool when there is
a need to expand the
applicant pool to achieve
greater diversity, prior
experience and/or desired
skill sets.

Fire: All officers or members
s
hall be chosen or
nominated by the City
Manager from top three
highest standing candidates
on eligible list
When appointing from an
eligible list, the top 3
candidates by % score are
considered. If tie, they share
the same rank. For
promotional appointments,
the top 3 are selected
directly from the list. (Article
VII, Section 84)
The appointing authority can
select the best qualified
candidate from the certified
list, with restrictions on how
many times a candidate can
be certified, and options for
selecting from existing lists
or making temporary
appointments if necessary,
followed by confirmation of
the appointment by the
executive director of human
resources. (Article III,
Section 9-67)
Section 2510:

Filling Vacant
Position
For vacant entry-level
positions in the Police
Department, the appointing
authority considers the re-
employment list first;
otherwise, requests
candidates from the
Commission. The
Commission certifies 2 more
names than the number of
vacancies, based on their
rank order on the eligible
list. The authority can then
N/A Does not stipulate Does not stipulate N/A N/A
Attachment A

City Charter Review Report | 28

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
select one individual on the
eligible list or one individual
from the lateral list to fill the
vacancy.

Section 2513:

Military Service;
Promotional Rights
Upon Return
Members of the Police or
Fire Department who join
the armed forces during war
or emergencies and
therefore left employment
can have the time spent
away from City service
applied to their promotion
eligibility to the next rank
upon returning if they
resumed City employment
within three months of
terminating their active
service, and no later than
six months of the end of the
emergency.

N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate Section 2514:

False Marking,
Grading, Etc.;
Prohibited
No Commissioner, or
anyone else, should
interfere with exams,
manipulate results, provide
false information, or allow
impersonation.

N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate Section 2515:

Recommendation of
Applicants
No recommendations,
except those allowed by the
Commission's rules, should
be considered for anyone
applying for a civil service
position or undergoing
examination or registration.

N/A If, in the opinion of the Civil
Service Board, any of said
candidates become
ineligible, the Civil Service
Board shall strike his name
from the list and advise the
Does not stipulate
In examinations where the
executive director of human
resources considers it
appropriate, education,
experience and personal
qualifications of the
candidates shall be
Charter does not stipulate
Attachment A

City Charter Review Report | 29

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Department Head or his/her
designee of such action.
evaluated on the basis of
interviews conducted by a
board composed of persons
known to be interested in
the improvement of public
administration and in the
selection of efficient
personnel according to merit
system principles. (Article II,
Section 9-39)
Section 2516:

Political Services
Disregarded and
Prohibited
Civil service individuals are
not required to contribute to
political activities, and
refusal should not lead to
consequences. Public
officers cannot change the
position or compensation of
civil service individuals
based on their political
actions.

N/A No questions in any
examination shall relate to
political or religious opinions
or affiliations.
“No person in the classified
service shall be appointed,
promoted, demoted or
discharged or in any way
favored or discriminated
against because of political
opinions or affiliations or
because of race, color or
religious belief.” (Article VII,
Section 87)
No officer or employee of
the City shall in any way
favor or discriminate against
any employee of the City or
any applicant for
employment with the City
because of the employee's
Membership in a protected
class under state or federal
law. (Article X, Section
1010)
Charter does not stipulate.

City code says City
employees are not allowed
to engage in political
activities during working
hours or on city-owned
property
Section 2517:

Candidate While
Under Civil Service
Anyone employed under
civil service or on the
eligible list cannot accept a
conflicting public office
without immediately
resigning from their current
civil service position
N/A Does not stipulate Does not stipulate
No officer or employee of
the City shall engage in any
political activities in violation
of Chapter 9.5 of Division 4
of Title 1 of the California
Government Code
(commencing with Section
3201) as the same exists on
the date of adoption of this
section or as the same may
be thereafter amended, or in
violation of any other
Charter doesn't not stipulate
Attachment A

City Charter Review Report | 30

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
provisions of applicable law.
(Article X, Section 1010)
Section 2518:

Tenure of Office of
Civil Service
Employees
Anyone under this act can
be removed for reasons like
incompetence, misconduct,
violation of rules, or criminal
convictions.

N/A Does not stipulate “The city manager or other
official or board in whom is
vested disciplinary or
removal power shall be
allowed full freedom in his or
its action on such matters, it
being the intent and spirit of
this article to provide a fair
and honest approach to
municipal employment for
every inhabitant or the city,
but in no sense to handicap
or curtail the responsible
administrative officer in
securing efficient service.”
(Article VII, Section 91)
Article V City Manager can appoint,
dem
ote, suspend, or
remove all employees
except for elective officers
and employees whose
power is vested in the
Charter. No department
head can be appointed or
removed until the City
Manager has reviewed the
appointment or removal with
the City Council and
received its approval.

Section 2519:

Removal From
Promotion List
The appointing authority can
ask the Commission to
remove a member from the
promotion list. This request
requires a written statement
and an investigation to
determine if the request is
made for a valid reason.

The Commission's decision
is final.

N/A If, in the opinion of the Civil
Service Board, any of said
candidates become
ineligible, the Civil Service
Board shall strike his name
from the list and advise the
Department Head or his/her
designee of such action.

Does not stipulate
The name of an employee
who leaves the employment
of the city, except through
layoff, shall be removed
from any promotional
eligible list. An eligible, at
any time, may request in
writing that his or her name
be withdrawn temporarily
from the eligible list and
placed on inactive status.

Upon approval of the
executive director of human
resources such request
shall be granted, and
likewise, upon written
Charter does not yet have
an established removal
process. Section 100.

Attachment A

City Charter Review Report | 31

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
request of the eligible, his or
her name may be reinstated
to active status during the
life of the list. (Article V,
Section 9-60 & 9-61)
Section 2520:

Suspension
Appointing authorities can
suspend a member for
cause, without pay, up to 60
workdays at a time, not
exceeding 90 workdays
annually. Suspensions
require written charges, the
accused may file a demand
for investigation within 10
days, and the Commission
may investigate to assess if
the suspension is justified.

N/A The Department Head, or
his/her designee, may
suspend from duty for cause
for a period not to exceed
thirty (30) days in any one
instance, any officer or
employee affected by this
amendment. Any officer or
employee suspended shall
receive no salary or wages
for such suspension period.
(Section 218)
The city council shall also by
resolution or ordinance
determine the terms and
conditions of employment of
such persons, including…
all other matters related to
their employment. (Article
VII, Section 93)
The right to discipline and
dismiss employees is given
to city officers with
appointment powers, with
different procedures for
probationary and non-
probationary employees
(Article V, Section 9-118)
Charter does not yet have
an es
tablished suspension
process. Section 100.

Section 2521:

Demotion
Employees cannot be
demoted without cause.

Demotions require written
accusations from the
appointing officer and
recommendations from the
department's Chief. If the
Commission finds demotion
unjust, it may order
reinstatement with possible
retroactive benefits. The
Commission can also
modify the demotion to a
suspension without pay.

Relies on disciplinary policy See below N/ A “[Board will] Hear appeals, upon written
request from any employee
in any city department in the
classified service, who may
be suspended without pay,
demoted, dismissed, or
otherwise disciplined by the
appointing authority.”
(Article VII, Section 92)
Charter does not yet have
an established demotion
process. Section 100.

Attachment A

City Charter Review Report | 32

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Section 2522:

Removal or
Discharge
Employees cannot be
removed or discharged
without cause. Removals or
discharges require written
accusations from the
appointing officer and
recommendations from the
department's Chief. The
Commission can modify the
removal by directing a
suspension without pay,
subsequent restoration, or
demotion.

Relies on disciplinary policy The Department Head, or
his/her designee, may
suspend from duty for cause
for a period not to exceed
thirty (30) days in any one
instance, any officer or
employee affected by this
amendment. Any officer or
employee suspended shall
receive no salary or wages
for such suspension period.

No officer or employee who
has successfully completed
the applicable period of
probation shall be removed
or discharged from the
service of the City of
Bakersfield except for
cause, upon written
charges, and after an
opportunity to be heard in
his own defense. (Section
216)
“The city manager or other
official or board in whom is
vested disciplinary or
removal power shall be
allowed full freedom in his or
its action on such matters, it
being the intent and spirit of
this article to provide a fair
and honest approach to
municipal employment”
(Article VII, Section 91)
Charter does not yet have
an established removal or
discharge process. Section
100.

Section 2523:

Official Roster
The appointing authority
must promptly report each
appointment, suspension, or
other changes in
employment to the
Commission. The
Commission maintains an
official roster of all civil
service positions. The
Commission certifies this
information to the city's
legislative body. No city
N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate reports of appointment,
suspension, or changes
Attachment A

City Charter Review Report | 33

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
officer or employee can
authorize salary payments
to a person not certified by
the Commission.

Section 2524:

Duty of All Officials
and Employees to
Assist the
Commission
All city officials and
employees must support
and cooperate with the Civil
Service Act and follow the
rules set by the
Commission.

N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate civil service
Section 2525:

Reports by the
Commission
The Commission will
annually investigate and
report to the city's legislative
body about the civil service
(administrative needs,
personnel, positions,
compensation, exams,
appointments, service
ratings and removals, etc.)
N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate civil service investigations
Section 2527: Period
of Duty
Regular working hours for
Fire Department members
(excluding the Chief and
Deputy Chief) should not
exceed an average of 56
hours per week over a
twelve-week period. The
Fire Suppression work shift
starts at 8 am.

N/A Does not stipulate
Employees assigned to a
twenty-four (24) hour work
schedule in fire suppression
shall work one-hundred and
ninety-two (192) hours every
twenty-four (24) day duty
cycle. The duty cycle shall
be scheduled as follows:
(MOU page 60)
Does not stipulate The regular workweek for
employees in the classified
service in classifications
listed in Appendix “B”, with
the exception of certain
designated personnel, shall
be fifty-six (56) hours. (AFA
MOU, page 9)
Attachment A

City Charter Review Report | 34

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Section 2531:

Rewards and
Compensation
Fire and Police Department
officers or members cannot
accept additional
compensation without City
administrative head
approval. The City can
reward them for heroic or
meritorious conduct, up to
one month's salary, based
on recommendations from
the Department Chief. The
City may allocate funds for
these rewards.

N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate additional rewards and
compensation
Section 2533:

Discrimination
No person shall be
appointed, promoted,
demoted, suspended or
discharged, or in any way
favored or discriminated
against because of political
opinions or affiliations, or
because of religious belief.

Standard Equal
Employment Opportunity
statement City-wide
No person who has
su
ccessfully completed
probation will be removed,
demoted, etc. except for
cause and after due process
“No person in the classified
service shall be appointed,
promoted, demoted or
discharged or in any way
favored or discriminated
against because of political
opinions or affiliations or
because of race, color or
religious belief.” (Article VII,
Section 87)
No officer or employee of
the City shall in any way
favor or discriminate against
any employee of the City or
any applicant for
employment with the City
because of the employee's
Membership in a protected
class under state or federal
law.

There shall be no
discrimination on any basis
prohibited by law
Section 2534:

Probationary Period
Fire Department probation is
not to exceed 18 months,
during which they can be
discharged. Successive
temporary appointments not
allowed.
12 months for Fire classified
positions
Fire: Six months Appointment or promotion to
a classified service position
is not finalized until a
probationary period has
passed. The Civil Service
Board sets probationary
periods for each class in the
classified service through
rules. During probation, an
employee can be
discharged or demoted
The probationary work test
period shall be twelve (12)
consecutive months from
the date of appointment
from a reappointment,
promotional, or open eligible
list.

Charter does not stipulate
l
ength of probation
Attachment A

City Charter Review Report | 35

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
without recourse to appeal
(Article VII, Section 89)
Section 2534:

Probationary Period
Police Department probation
is not to exceed 18 months,
during which they can be
discharged. Successive
temporary appointments not
allowed.
18 months for Police, 12
months if lateral, six months
for Detective
Police: Period to be
det
ermined by Commission,
not more than one year
(non-sworn six months)
The Civil Service Board
shall by rule establish a
probationary period for each
class in the classified
service. (Article VII, Section
89)
The probationary work test
period shall be twelve (12)
consecutive months from
the date of appointment
from a reappointment,
promotional, or open eligible
list.

Charter does not stipulate
l
ength of probation
Section 2535:

Appropriations
The City Council must
support the Civil Service
Commission by providing
necessary resources. The
costs of conducting
examinations will be
covered by the city's general
fund, and the City Council
will pay these certified costs.

N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate appropriations
Section 2536:

Provisions
The legislative body shall
enact suitable ordinances to
carry into effect penalties
and punishment of people
who violate any of the
provisions of this act.

N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate provisions
Section 2537:

Classified Service
The City Council has the
authority to include
additional city employees
under civil service rules. The
Civil Service Commission
will establish rules for
examinations,
appointments, promotions,
N/A Does not stipulate Notwithstanding any other
provisions of this Charter, in
the event that the service
area of the City is increased
by reason of a
consolidation, merger,
incorporation, annexation or
contract, the city council
Does not stipulate Classified service includes
all positions except those
that are specifically marked
as exempt or by a decision
from the HR Director based
on a particular regulation
Attachment A

City Charter Review Report | 36

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
and other employment
matters for these
employees. This provision is
separate from the civil
service rules for the Fire and
Police Departments but falls
under the oversight of the
same Civil Service
Commission.
may, by resolution, provide
that some or all employees
or special districts
encompassed by the
increased service area shall
be deemed regular
employees of the City of
Sacramento, to serve for
such limited periods of time
as the city council
determines appropriate
under the circumstances.
(Article VII, Section 93)
Section 2538:

Interpretation of Act
The rules in this article
should be interpreted
broadly. This applies
specifically to operating both
the Fire and Police
Department under the civil
service rules outlined here.

Additionally, the term “Police
Officer” includes members
of the Police Department's
classified service.

N/A Does not stipulate The Civil Service Board will
interpret administration of
ordinances affecting
personnel, when instructed
to do so by city Council
(Article VII, Section 92)
Does not stipulate Charter does not stipulate
interpretation
Section 2539:

Constitutionality of
Act
If any part of this act is
found unconstitutional, it
won't affect the validity of
the remaining portions of the
act.

Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate
un-constitutionalism.

Anaheim Code of
Ordinances says if any part
of the chapter is deemed
unconstitutional, the rest of
the chapter remains valid.

The City Council asserts
that they would have still
passed the chapter, even if
Attachment A

City Charter Review Report | 37

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEER SUMMARY
Section Description Riverside 5 Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
some parts were found
unconstitutional.

Section 2540:

Repeal of Conflicting
Acts
This statement means that
any conflicting provisions in
the city ordinances and the
city charter of Stockton,
along with its amendments,
are now explicitly repealed.

N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate conflicting provisions
Section 2541:

Emergency
Provisions
The City Council can
temporarily set aside the
rules in this Article during an
emergency. This authority
lasts for a maximum of 90
days or until the emergency
ends, whichever is shorter.

N/A Does not stipulate Does not stipulate Does not stipulate If the City Council decides that an ordinance is urgently
needed and they explain
why, they can introduce and
pass it at the same meeting.

To do this, at least four-fifths
of the total members of the
City Council need to vote in
favor of it.

Section 2542:

Appointments from
Classified Service to
Unclassified Service
If a city employee moves
from a Classified Civil
Service position to an
Unclassified Service role
and later leaves, they have
the right to be re-employed
in a Classified position
without loss of rights or
privileges
N/A Does not stipulate Does not stipulate Does not stipulate Charter does not stipulate changing classifications
Attachment A

City Charter Review Report | 38

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

APPENDIX B: PIO ANALYSIS

STOCKTON PEERS
Topic Source/Section Riverside
Charter
Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
What Charters Say
About PIO
SECTION 1151. Public Information Officer.

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.

SECTION 1152. Functions and Duties.

The Public Information Officer shall gather and
disseminate to the public and to the news media,
in a timely manner, accurate and complete
information concerning the policies of the Council
and other information regarding the City and the
general region in which it is located.

Does not mention D oes not mention Does not mention Does not mention Does not mention Appointment of
Officers (Charter)
The PIO is appointed by the Mayor. N/A other than City
A
ttorney and City Clerk
Appointed by City
Manager (Charter
Section 38)
Appointed by City
Council (Charter
Article VI.70)
N/A N/A other than City
Attorney and City Clerk
Is There a Public
Information Office?
Public information is coordinated through the
Mayor’s Office, with support from the CMO.

Yes, within CMO Y es, but called the
“Public
Communications
Office”
Yes, but called “Media
and Communications”,
which is in the CMO
No, public information
and media relations is
handled through the
CMO
Yes, but called
“Communications”
Is There a Public
Information Officer?
Yes, there is a PIO in the Mayor’s Office, and a
Community Relations Officer in the CMO who also
performs some PIO-related duties.

Yes, leads the Public
In
formation Office
Yes, leads the Public
Communications Office
No, there is a Media and
Communications
Manager in the CMO.

There is also a
Communications Director
who handles press for
the Mayor.

Yes, Public Affairs
Information Officer
Closest match is Chief
Communications Officer
Attachment A

City Charter Review Report | 39

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEERS
Topic Source/Section Riverside
Charter
Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Who Does PIO
Report To?
The PIO shall be under the direction and
supervision of the Mayor.

City Manager C ity Manager Equivalent reports to City
Manager
City Manager Communications
Department reports to
Deputy City Manager
Organizational
Chart Comparison
Public information is coordinated through the
Mayor’s Office and CMO.

Stands alone, but next
to Office of
Communications in
chart (also reports to
CMO)
Organized with
Executive Staff
(Administrative
Analysts and
Management
Assistant)
Does not list PIO in
organization chart, but
lists news media
contacts for many
departments that are
linked elsewhere as
PIOs
Per the website, the
Public Affairs
Information Officer is in
the CMO
N/A
PIO Job
Descriptions
The PIO shall gather and disseminate to the public
and to the news media, in a timely manner,
accurate and complete information concerning the
policies of the Council and other information
regarding the City and the general region in which
it is located.

Serves as a liaison
bet
ween the City and
the media, works to
inform public on City
issues, works with City
Charter Officers, and
responds to all media
requests except Fire
and Police.

Manages media
inquiries, media
relations, and public
information.

Does not handle media
requests for elected
officials.

The City's Office of
Media and
Communications
facilitates communication
with citizens, businesses,
elected officials, and the
City Manager’s Office
regarding City services
and projects. In case of
an emergency, the
Media and
Communications
Manager helps
disseminate and
coordinate vital
information to ensure
public safety.

The City of Sacramento
handles media inquiries
and public affairs and
outreach, as well as
informational requests
and social media needs.

Responsible for
coordinating the City’s
community
engagement activities
and is the main contact
person for all official
City communications.

The Communications
office informs residents,
businesses, and visitors
about the City of
Anaheim through media
relations, publications,
social media, and video
operations. The
Communications Office
ensures Anaheim
residents stay up to date
with City news regarding
programs, services,
policy actions, and
events. In addition, the
Office encourages
residents to use a variety
of communication tools
that easily connect
residents with the City of
Anaheim 24 hours a day,
7 days a week from any
location.

Attachment A

City Charter Review Report | 40

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

STOCKTON PEERS
Topic Source/Section Riverside
Charter
Bakersfield
Charter
Sacramento
Charter
Santa Ana
Charter
Anaheim
Charter
Who Officially
Responds to Public
Records Requests?
The Stockton website indicates that the City Clerk
assists in responding to public records requests. In
practice, the City Clerk, along with other City
departments, can accept public records requests,
and the CMO and City Attorney’s Office coordinate
to fulfill requests. The City Charter does not
indicate who should manage public records
requests.

The City website
i
ndicates the City
Clerk, but does not
include details on how
the City assembles its
response.

The City website
indicates the City
Clerk, but does not
include details on how
the City assembles its
response.

The City website
indicates the City Clerk,
but does not include
details on how the City
assembles its response.

The City website
indicates the City
Clerk, but does not
include details on how
the City assembles its
response.

The City website
indicates the City Clerk,
but does not include
details on how the City
assembles its response.

Attachment A

City Charter Review Report | 41

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

APPENDIX C: CHARTER REVIEW BEST PRACTICES
This section provides a summary of best practices related to the charter review process, including roles and responsibilities, scope management, public outreach, and community messaging. Unless otherwise cited, the information throughout this section is from the Municipal Research and Services Center’s Guide to Charter Commissions, and is sometimes directly quot ed.

The first steps for a charter review process are to understand the circumstances surrounding the charter review and whether desired changes should be pursued through the charter. To determine how best to address the areas of concern, the City should ask itself:
• Can this problem be solved by the passage of an ordinance? • Can this problem be addressed with an administrative measure (such as amending an existing departmental or city-wide administrative policy or procedure)? • Does the Mayor or City Manager already have the authority to make changes that might address this problem?
• Should a solution to this problem be sought by getting new officials in office? • Might state legislation address this problem more effectively than a change to the local charter? If the answer is “yes” to any of the above questions, the alternative should be tried first. It is also important that the City and the selected charter review commission understand what charter changes can and cannot accomplish:

Charter Change CAN Charter Change CANNOT
● Alter a form of government so the new form is
better aligned with citizens’ preferences
● Restrict or increase options available to
governmental leaders
● Alter electoral representation
● Clarify ambiguity or confusion caused by existing
charter language
● Redistribute powers among elected officials,
appointed officials, and governing bodies as well
as between city officials and citizens
● Set the stage for governmental leaders to achieve
desired changes
● Convert elected governmental positions to
appointed positions or vice versa
● Automatically increase the quality of
governmental products and services
● Eliminate political infighting and make elected
officials achieve consensus (although
governmental form can affect the likelihood of
conflict)
● Expand the scope of municipal powers in states
without home rule
● Jumpstart the local economy
● Decrease local crime
● Improve the school system
● Stop a controversial public project
● Change or eliminate state-mandated activities
Attachment A

City Charter Review Report | 42

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

The California Constitution states that a city charter may be revised or amended by majority vote of its electors.6 An amendment to a city charter may be submitted to the voters at an established statewide general election by an initiative petition, a charter commission, or a city’s governing body.7 A charter review commission is a body authorized by law and exists for the sole purpose of drafting a newly created local government charter or revisions to the existing charter and ultimately submitting these revisions to voters. Although a charter commission is not required by law, the steps detailed below can apply to any group tasked with submitting charter revisions to voters. Best practices suggest that any chart review should involve active resident engagement, since residents have both a responsibility and a right to help inform their local government.

The charter review commission, typically consisting of 15 to 20 registered voters, closely examines the government and its present charter, studies the experience of other cities or counties under their respective charters and forms of government, determines the best principles of local government to build into proposed charter changes, and then drafts a new charter, charter amendments, or a presumably improved charter. There is typically a time constraint placed on the commission.

Two key players are important to include in this process:
• The Chairperson: A good chair will run well-conducted meetings, bring sincere passion for the work, motivate commission members, and facilitate meaningful discussions. • A Legal Expert: Every charter commission should have access to sound legal counsel that helps the group avoid potential conflicts with state provisions.

The charter commission’s task is to prepare and present to the voters the most straightforward, clear, and forward-looking charter it can. Many times, the specific “charge” for the commission’s work comes from the City Council. In particular, a commission may be authorized and empowered to do the following:

1. Examine the existing local government charter.

2. Conduct a comprehensive or limited study of various aspects of the local government.

3. Examine the procedures and interrelations of the different parts of the government to determine the role the charter plays in the current state of affairs.

4. Research the experiences of other cities or counties under their respective charters and forms of government, to discover better governmental arrangements and practices.

5. Determine from independent study and investigation the principles of local government that should be built into the proposed charter or proposed charter changes.

6. Draft the proposed charter or charter amendments in a clear, logical, and consistent way.

7. Conduct its affairs in such a manner as to win the respect of local residents.

6 California Constitution, Article XI, Section 3 (b)
7 California Elections Code, Section 9255 (a)
Attachment A

City Charter Review Report | 43

FOR INTERNAL USE OF CITY OF STOCKTON ONLY

8. Educate citizens about the process and progress of the commission and encourage adoption of the charter or its amendments.

Holding a kickoff meeting and clearly setting expectations for the commission, laying out who the commission is accountable to, and addressing any concerns can help unite the commission and create a shared understanding for the work ahead.

A process of actively and effectively engaging citizens should be at the heart of charter revision, beginning with identifying a group of individuals who may be willing to serve on the charter commission. When the commission is composed of community residents who are not involved in day-to-day governmental operations, the commission is able to be detached, objective, and impartial.

Of course, voters need to approve the charter amendments that the commission decides on.

Therefore, a concerted effort to win public understanding and acceptance should begin the day that the charter commission is selected and continue until the day the vote is taken on proposed amendments. This may mean a small work group is charged with this task.

The most common and long-standing approach to achieving positive publicity and voter education is through public hearings, but neighborhood-based meetings and specially designed dialogue sessions tend to be better attended.

Attachment A

Attachment A

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