Voter's Edge California Voter Guide
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Presentado por
MapLight
League of Women Voters of California Education Fund
Tuesday June 7, 2022 — California Primary Election
Local

City of Carlsbad
Measure C Ordinance - Majority Approval Required

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Resultados electorales

Failing

15,701 votos si (48.6%)

16,586 votos no (51.4%)

0% de distritos activos (0/75).

36,283 boletas electorales serán contadas.

Shall the office of the City Clerk be appointive?

¿Qué es esta propuesta?

Pros y Contras — Explicación objetiva con argumentos a favor y en contra

Fuente: League of Women Voters of North County San Diego

La pregunta

Shall the office of City Clerk be appointed by the City Manager?

La situación

The City Clerk administers democratic processes such as elections, access to city records, and all legislative actions ensuring transparency to the public. The Clerk acts as a compliance officer for federal, state, and local statutes.

The Clerk has been an elected, four-year position since Carlsbad’s incorporation in 1952. According to the City’s legislative and constituent services director, the elected clerk’s position has been a part-time position since 2012, while the City Clerk Services Manager has performed the legal duties and responsibilities. The elected position is vacant due to the retirement of the former Clerk in August 2021. In the interim, the City staff have been performing the duties.

Per State Law, an elected Clerk must be a resident of the city, registered to vote in Carlsbad, and at least 18 years old. City Municipal Code requires the elected Clerk hold a certified municipal clerk designation from the International Institute of Municipal Clerks or a bachelor’s degree from an accredited college/university plus two years of relevant work experience.

On March 15, 2022, the Carlsbad Council approved the adoption of Ordinance No. CS-417 amending a Municipal Code regarding the position of City Clerk, making the office appointed by the City Manager. The City Manager is appointed by and serves at the pleasure of the City Council. Public Hearing: None

La propuesta

If a majority of voters approve Measure C on June 7, 2022, the City Manager will appoint a City Clerk and have authority to appoint a replacement at any time there is a vacancy. If the measure is not approved, the City Clerk will continue to be an elected position with a four-year term. A “yes” vote on Measure C means the Clerk position becomes an appointed position. A “no” vote means the Clerk will remain an elected position with a four-year term, elected on November 8, 2022.

Efectos fiscales

The City Attorney’s impartial analysis estimates making the City Clerk an appointed position will save the city approximately $40,000 annually in salary and benefits since the position is expected to be filled from existing city staff. If additional staff would need to be hired to fulfill the appointed role of Clerk, annual compensation of City Clerks in neighboring communities may be relevant. Currently, appointed City Clerks in Vista, Escondido, and Encinitas average about $132,000 in annual compensation plus benefits.

Prior elected City Clerk financial compensation was $12,840 per year and stipends.

Sus partidarios dicen

  • Growing complexities of municipal governance necessitate that highly qualified professionals serve as City Clerk.
  • City Clerk serves as the compliance officer for federal, state, and local statutes, and oversees our increasingly complex election process.
  • Elected City Clerk is largely ceremonial and does not vote to enact laws or policies. The City Clerk Services Department Staff perform most responsibilities.
  • The appointed Clerk will be a City employee managed by the appointed City Manager.
  • Converting the Clerk position to an appointed position may establish different or additional qualifications for the City Clerk position.
  • The appointed Clerk is an “at will” position.

 

(Signers of official arguments are in bold.)

Support: Vote “yes” to change to appointed City Clerk

Matt Hall, Mayor, City of Carlsbad
Keith Blackburn, Mayor Pro-tem, Carlsbad Council Member, D-2
Peder Norby, Carlsbad Council Member, D-1
Priya Bhat-Patel, Carlsbad Council Member, D-3
Maria Teresa Acosta, Carlsbad Council Member, D-4

 

Sus oponentes dicen

  • The Clerk should be an independent “watchdog,” not a subordinate of the Council-appointed City Manager.
  • Elected Clerk ensures the decision process is transparent to voters, complies with federal, state, and local regulations and is properly recorded.
  • This measure was on the Carlsbad ballot (April 1980 and November 1990) and failed.
  • An elected clerk, not dependent on employment, ensures independence from City Manager and Council; this is not a ceremonial position.
  • The Clerk oversees the work of hired Clerk staff preventing corruption at City Hall.
  • Elected City Clerk is accountable to the people of the community and therefore serves at the “will of the people” beholden only to the voters.

 

(Signers of official arguments are in bold.)

 

Oppose: Vote “no” to keep the elected City Clerk

Lance Schulte, Past Carlsbad City Planner
Parge DeCino, Retired Carlsbad High School Teacher
Simon Angel, Carlsbad Barrio Resident, 72 years
Lela Panagides, Carlsbad Chamber of Commerce Member
MaryAnne Viney, Founder/President Carlsbad Non-Profit

Información básica — Información oficial

Un voto por el SÍ significa

A "yes" vote on this measure means the City Clerk position will become an appointed position.

Un voto por el NO significa

A "no" vote means the City Clerk will remain an elected position.

Análisis del analista legislativo / Proposal

Source: Celia A. Brewer, City Attorney, City of Carlsbad

City Attorney's Impartial Analysis

State law requires all cities to have a City Clerk. The position may be elected or appointed. Since the City of Carlsbad's incorporation in 1952, the City Clerk has been an elected position with a four-year term. The City Council placed this measure on the ballot for city voters to determine whether the City Clerk should become an appointed position.

A "yes" vote on this measure means that the City Clerk position will become an appointed position.

A "no" vote on this measure means the City Clerk will remain an elected position.

The City Clerk's responsibilities include

  • keeping accurate records of City Council proceedings;
  • recording, publishing and certifying city ordinances and resolutions;
  • keeping custody of the city seal; and
  • administering oaths of office.

The City Clerk also

  • serves as the city's elections official;
  • collects and maintains all candidate campaign finance forms;
  • coordinates, records and retains city officials' and city staff's statements of economic interests; and
  • helps ensure compliance with the state's open meeting laws.

The elected City Clerk position is largely ceremonial. The City Clerk does not vote to enact laws or policies and currently the day-to-day responsibilities are performed by the City Clerk Services Department staff.

State law requires an elected City Clerk to be at least 18 years old, a city resident, and a registered city voter. Carlsbad Municipal Code Section 2.04.040 further requires an elected City Clerk to have a certified municipal clerk designation from the International Institute of Municipal Clerks or a bachelor's degree from an accredited college or university and two years of full-time, salaried work experience in business administration or public administration. If the City Clerk becomes an appointed position, the city may establish different or additional qualifications for the position.

The City Clerk position is currently vacant. If the City Clerk remains an elected position, an election for a new City Clerk will be held in November 2022.

If the City Clerk becomes an appointed position, the City Manager will make the appointment. Appointment of the City Clerk is expected to save the city approximately $40,000 annually in salary and benefits as the position is expected to be filled from existing city staff.

~~~~~

The above statement is an impartial analysis of Ordinance or Measure C. If you desire a copy of the ordinance or measure, please call the City Clerk's Office at 442-339-2808 and a copy will be mailed to you at no cost.

Efectos fiscales

Source: Scott Chadwick, City Manager, in City Council Staff Report dated March 8, 2022

Fiscal Analysis

The Registrar of Voters has provided a cost estimate of $85,000-$115,000 to place the measure on the ballot for the statewide primary election on June 7, 2022. This ballot measure was not a planned expenditure in the fiscal year 2021-2022 budget. If a ballot measure is pursued, staff recommend the City Council approve a transfer of up to $115,000 from the City Council's contingency balance to the City Clerk's Office operating budget. The City Council's contingency balance, the amount available for the remainder of the current fiscal year, is $452,000.

If a ballot measure is successful, the cost savings of the City Clerk position, including salary and benefits, is approximately $40,000 per year.

 

Text from the full text of the March 8, 2022, staff report titled Possible Transition of City Clerk Position from Elected to Appointed

Argumentos Publicados — Argumentos a favor y en contra

Argumento A FAVOR

ARGUMENT IN FAVOR OF MEASURE C

 

Appoint Carlsbad's City Clerk

State law requires all cities to have a City Clerk.

The City Clerk position can be either elected or appointed.

According to the City Clerks Association of California, the City Clerk's Office is a service department within a local government which the City Council, all departments and the public rely on for information. The City Clerk is not a legislator or policy maker. Appointed City Clerks are non-partisan and ensure actions by the City Council are in compliance with all statutes and regulations as well as properly executed, recorded and archived.

80% of California cities appoint their City Clerk rather than having them elected by voters.

Of the 18 cities in San Diego County only Carlsbad, Oceanside and National City elect their City Clerk.

 

Role Requires Technical Skill

Since 2012, city staff handle the day-to-day duties of the City Clerk's Office as the Carlsbad elected City Clerk position is more ceremonial than administrative.

In addition, the job duties, requirements and legal responsibilities of a City Clerk have become more complex and technical requiring specific training, certifications and skills. Elected City Clerks typically do not have these credentials when they take office and may take up to four years to obtain the credentials. The city can require an appointed City Clerk to have these credentials before appointment. 

 

Vacant since August 2021

The previous Carlsbad City Clerk resigned in August 2021. Since then, all responsibilities of the Carlsbad City Clerk have been performed by professional, credentialed staff with no impact to services provided to residents.

Measure C will make the City Clerk an appointed position, ensuring an appropriately qualified individual fills this role. The city will maintain the same level of service and will save approximately $40,000 a year by converting the role from elected to appointed.

Please join over 80% of cities throughout California and make the City Clerk appointed in Carlsbad.

 

(signed)

MARIA TRESA ACOSTA
District 4 City Council Member

PEDER NORBY
District 1 City Council Member

KEITH BLACKBURN
District 2 City Council Member

MATT HALL
Mayor

PRIYA BHAT-PATEL
District 3 City Council Member

— Source: City of Carlsbad, City Clerk's Office

Argumento EN CONTRA

ARGUMENT AGAINST MEASURE C

 

The City Clerk is the keeper of the City Records. This includes documenting work product of the City Manager and City Council. A 'yes' on this Measure means the City Clerk would report to the City Manager who works for the City Council. The City Clerk needs to be INDEPENDENT of the City Manager and City Council, NOT DEPENDENT on the hierarchy for their employment. The only way to ensure the City Clerk remains independent is to VOTE NO, allowing VOTERS to choose the City Clerk.

The City Clerk ensures that the City follows proper procedure and laws, INCLUDING LOCAL ELECTIONS. The Clerk must be independent and free from interference by the City Manager and City Council.

WE MUST RETAIN THIS POSITION AS ELECTED so the City Clerk can use their own judgement INDEPENDENT of the City Council and City Manager, ENSURING THE INTEGRITY OF OUR ELECTION PROCESS.

Vote NO to KEEP our City Clerk, a public watchdog as an ELECTED official. Vote NO to keep the City ACCOUNTABLE - residents want TRANSPARENCY! No more appointed positions!

VOTE NO to PRESERVE our democracy and PREVENT corruption!

VOTE NO to ensure Carlsbad residents maintain our publicly elected WATCHDOGS!

Don't give up your right to vote for an elected official!

 

(signed)

LANCE SCHULTE
Past Carlsbad City Planner

SIMON ANGEL
72 Year Resident of Barrio

LELA PANAGIDES
Member of Carlsbad Chamber of Commerce

PAIGE DeCINO
Retired Carlsbad High School Teacher

MARY ANNE VINEY
Founder/Pres. local Carlsbad non-profit

— Source: City of Carlsbad, City Clerk's Office

Refutación al argumento A FAVOR

REBUTTAL TO THE ARGUMENT FOR MEASURE C

 

The City Clerk's responsibility is to "serve as the local official for elections, local legislation, the Public Records Act, the Political Reform Act and the Brown Act" (open meeting laws) based upon California state law. "The City Clerk also ensures that the decision-making process is transparent to the public, complies with federal, state and local regulations and all are properly recorded."

This is NOT a "ceremonial" position.

 

A NO vote would allow the voters to select the City Clerk who would be responsible to CITIZENS of Carlsbad to maintain government transparency and integrity.

A YES vote would allow the City Manager to choose the City Clerk who, as an employee, can be fired if they don't "follow along" with the wishes of the City Manager or City Council. Make no mistake, a YES Vote creates the distinct possibility of CORRUPTION in City Hall.

Your NO vote allows the City Clerk to continue to oversee the Office without being beholden to anyone except the VOTERS. As a WATCHDOG, the City Clerk must remain INDEPENDENT from the City Council and the City Manager.

The citizens of Carlsbad have twice rejected the appointment of the City Clerk - in April, 1980 and November, 1990. The citizens of Carlsbad overwhelmingly voted for an ELECTED City Clerk...TWICE! Why the change now? This isn't about money. It's about ensuring we have INDEPENDENT OVERSIGHT.

Honesty and Transparency are critical for Carlsbad's City government. Let's keep it that way.

Please VOTE NO!!!

 

(signed)

LANCE SCHULTE
Past Carlsbad City Planner

LELA PANAGIDES
Member of Carlsbad Chamber of Commerce

SIMON ANGEL
72 year resident of Barrio

MARY ANNE VINEY
Founder/Pres. Local Carlsbad Non-Profit

— Source: City of Carlsbad, City Clerk's Office

Refutación al argumento EN CONTRA

REBUTTAL TO ARGUMENT IN OPPOSITION TO MEASURE C

 

What do National City and Oceanside have in common with Carlsbad?

They are the only 3 cities in the region with elected City Clerks. City Clerks are not legislators or policy makers, and having an elected City Clerk is no longer the standard for efficient local government operations in California.

 

Measure C Makes Sense for Carlsbad!

Cities throughout California have appointed professional City Clerks.

80% of cities in California appoint their City Clerks, saving tax dollars and removing politics from an important service position within city operations.

 

Measure C Means a Professional City Clerk.

To assure competency in performing vital tasks, City Clerks must have years of training and experience.

Cities with elected City Clerks risk many important tasks falling into the hands of unprepared individuals who might struggle learning on the job.

City Clerk responsibilities:

  • Keeping accurate records of proceedings
  • Recording, publishing and certifying ordinances
  • Working with the Registrar of Voters during elections to assure compliance with all laws
  • Ensuring compliance with the state's open meeting laws and Political Reform Act
  • Responding to public record requests
  • Retaining Statements of Economic Interests for the entire organization

 

Unqualified City Clerks can disrupt government operations.

Some elected City Clerks have failed to manage even the most basic parts of the position, including preparing council minutes.

 

City Clerks Must be Impartial - Not Beholden to Politics or Special Interests.

A City Clerk must be an impartial, well-trained professional that can be held accountable by the organization. 

Carlsbad should join the 15 other San Diego County cities who recognize the City Clerk position should be an unbiased, experienced and trained professional serving the community and organization.

 

(signed)

MARIA TERESA ACOSTA
City Councilmember, District 4

MATT HALL
Mayor

KEITH BLACKBURN
Council Member D-2

PEDER NORBY
Council Member, District 1

PRIYA BHAT-PATEL
Council Member D3

— Source: City of Carlsbad, City Clerk's Office

Leer la legislación propuesta

Legislación propuesta

Full Text of Ballot Measure

Ordinance No. _____

AN INITIATIVE ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING THE OFFICE OF CITY CLERK APPOINTIVE

The people of the City of Carlsbad, California, do ordain as follows:

SECTION 1. The office of the City Clerk shall be appointive as authorized by California Government Code Section 36508.

SECTION 2. This ordinance shall take effect as provided in California Elections Code Section 9217.

SECTION 3. The City Clerk’s Office shall publish this ordinance according to law.

Más información

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¿Quién está a favor y en contra de esta iniciativa de ley?

Sí por Measure C
Organizaciónes (0)

Funcionarios electos y designados (5)

No por Measure C
Organizaciónes (0)
Funcionarios electos y designados (0)

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