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Presentado por
MapLight
League of Women Voters of California Education Fund
November 6, 2018 — Elección General de California
Local

City of Piedmont
Measure CC - Majority Approval Required

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Resultados electorales

Se aprueba

3,889 votos si (66.54%)

1,956 votos no (33.46%)

100% de distritos activos (6/6).

Shall the measure amending the Charter of the City of Piedmont to clarify the duties and reporting structure for officers and employees of the City be adopted?

¿Qué es esta propuesta?

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

Fuente: League of Women Voters of Piedmont

La pregunta

Shall the measure amending the Charter of the City of Piedmont to clarify the duties and reporting structure for officers and employees of the City be adopted?    

La situación

SECTION 3.01 – (Officers and Employees) As the current Charter stands, the following are listed as administrative officers of the City of Piedmont:

 

·       City Administrator

·       City Clerk

·       City Attorney

·       Director of Finance

·       Chief of Police

·       Fire Chief

·       Director of Public Works

·       City Engineer

·       Planning Director

·       Director of Parks and Recreation

·       Such other subordinate officers, assistants, deputies and employees as the City Council specifies by ordinance or resolution.

 

Although the Charter currently provides that officers of the City are hired, directed, and fired by the City Council, the Charter contains conflicting provisions stating that the City Administrator has responsibility for the administration and supervision of all departments.

 

SECTION 3.10 (Department of Public Works) The Charter states that this department is in charge of the maintenance and repair of all City streets, sewers, storm sewers, and any other related activities assigned by the City Council.

 

SECTION 3.13 (Department of Parks and Recreation) The Charter states that this department is in charge of the maintenance of the City’s park lands and recreation facilities, as well as the organization and administration of the City’s public recreation programs.

 

SECTION 5.01 – (Personnel Classification) This section of the Charter currently divides the administrative service of the City into unclassified and classified service, listing certain City officers as a part of unclassified service.    

La propuesta

If adopted by the voters, Measure CC would amend various sections of the City Charter as follows.

 

  • Measure CC amends Sections 3.01, 3.03, 3.05, 3.06, 3.07, 3.08, 3.09, 3.10, 3.11, 3.12, 3.13 to reflect that all City officers would be appointed by the Council, but only the City Administrator and City Attorney would be directed and fired by the City Council.
  • These amended sections would further clarify that all appointed officers, other than the City Administrator and City Attorney, would serve at the pleasure of the City Administrator instead of the City Council. Under amended Section 3.01, however, the Council would retain its right to reorganize the City government and combine or eliminate departments. As discussed at the City Council’s June 25 meeting, the practice is that the City Administrator would consult with the City Council before firing a City officer, and the City Council said that it may adopt an ordinance reflecting this expectation. 
  • Section 3.06 would be amended to clarify that the City Attorney represents all officers of the City.
  • Section 3.09 would be amended to state that the duties of the Fire Chief include the provision of emergency medical services.
  • Section 3.10 would be amended to provide that the Department of Public Works, in addition to being in charge of the maintenance and repair of all City streets, sewers and storm sewers, would also be responsible for maintenance and repair of all City parks and other public facilities.
  • Section 3.13 would be amended to state that the Department of Parks and Recreation would be designated as the Department of Recreation, headed by a Director of Recreation, who would be responsible for recreation programs in the City.
  • Section 5.01 would be amended to conform the list of City officers to those officer positions listed elsewhere in the City Charter, eliminating inconsistencies.    

Efectos fiscales

The City foresees little or no fiscal impact from these Charter amendments.    

Sus partidarios dicen

  • Measure CC would reconcile conflicting provisions about the responsibility for hiring, directing and firing City officers, thus reflecting both the City of Piedmont’s actual practice and the prevailing practices in similar cities.
  • Under Measure CC, the City Council would retain authority to hire, direct and fire the City Administrator and City Attorney, and the authority to hire the other officers, ensuring clear lines of accountability for City officers and removing political considerations from personnel decisions. 


 

 

 

 

s/ Robert S. McBain – Mayor

 

s/ Tim Rood – Council Member

 

s/ Dean Barbieri – Former Mayor

 

s/ Valerie Matzger – Former Mayor

s/ John Chiang – Former Council Member

Sus oponentes dicen

  • Measure CC would decrease the authority of the City Council, and treat the City Administrator and City Attorney differently from other City officers.
  • Measure CC would take away Piedmont’s checks and balances that have kept Piedmont’s government running smoothly for years, as well as change Piedmont from a strong City Council form of government, to a strong City Administrator form of government.

 

s/ Alice Creason – Former Mayor and Planning Commissioner

s/ Patty White – Former Mayor and Planning Commissioner

s/ Melanie Robertson – Former Planning Commissioner

s/ Bobbe Steher – CIP Member, Former Planning Commissioner

s/ Gala Mowat – Resident

s/ Bruce Mowat – Resident

s/ B. Suzanne Farley – Resident    

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Un voto por el SÍ significa

A “yes” vote on Measure CC would be a vote to adopt the various amendments to the Charter of the City of Piedmont as described above.

Un voto por el NO significa

A “no” vote on Measure CC would be a vote against adopting the various amendments to the Charter of the City of Piedmont as described above and the Charter will remain the same.

Resumen

Michelle Marchetta Kenyon, City Attorney for the City of Piedmont

If adopted by the voters, Measure CC would amend various sections of the Charter of the City of Piedmont. In particular, Measure CC amends Sections 3.01, 3.03, 3.05, 3.06, 3.07, 3.08, 3.09, 3.10, 3.11, 3.12, 3.13 to clarify the reporting structure of employees to reflect that all officers are appointed by the Council but only the City Administrator and City Attorney, serve at the pleasure of the City Council. These amended sections further clarify that all appointed officers, other than the City Administrator and City Attorney serve at the pleasure of the City Administrator instead of the City Council. In addition, Section 3.06 is amended to clarify that the City Attorney represents all officers of the City and Section 3.09 is amended to reflect that the Fire Department is responsible for emergency medical services. Additionally, Section 3.10 would require that the Department of Public Works be responsible for maintenance of park and recreation facilities in addition to all other public facilities. Measure CC would also amend Section 3.13 to rename the Department of Parks and Recreation to the Department of Recreation, headed by a Director of Recreation instead of a Director of Parks and Recreation. Section 3.13 would also be amended to eliminate the department’s maintenance of City’s park lands and recreation facilities. Finally, Section 5.01(A)(2) would be amended to clarify that all officers of the City are part of the unclassified service.

A “yes” vote on Measure CC would be a vote to adopt the various amendments to the Charter of the City of Piedmont as described above.

A “no” vote on Measure CC would be a vote against adopting the various amendments to the Charter of the City of Piedmont as described above and the Charter will remain the same.

This Measure will be effective if a majority (greater than fifty percent (50%)) of the voters voting on the Measure vote in its favor.

The above statement is an impartial analysis of Measure CC. If you desire a copy of the ordinance or measure, please call the elections official's office at (510) 420-3040 and a copy will be mailed at no cost to you.

/s/ Michelle Marchetta Kenyon, City Attorney for the City of Piedmont

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

This proposed charter amendment would change the reporting structure for officers of the City, the formal term for the City Administrator, City Attorney, and department heads (City Clerk, Finance Director, Police Chief, Fire Chief, Public Works Director, Planning Director, and City Engineer).

Under the Charter as it stands now, officers of the City are hired, directed, and fired by the City Council. Separately, the Charter contains conflicting provisions wherein the City Administrator is the Chief Administrative Officer and has responsibility for the administration and supervision of all departments.

The proposed amendments would remove conflicting provisions and reflect both the actual practice in the City of Piedmont for many decades and the typical practice in smaller cities. Because it is not practical for the City Council, meeting twice a month, to direct the daily work of department heads, the Council instead provides strategic direction to staff through the City Administrator, who supervises and provides daily direction to officers and is responsible for evaluating their performance. The measure would amend the Charter to clarify that the City Administrator and City Attorney are appointed, directed, and serve at the pleasure of the City Council. It also clarifies that other officers of the City are appointed by the City Council but are directed and serve at the pleasure of the City Administrator. This would ensure clear lines of accountability for officers and remove political considerations from personnel decisions, while preserving the City Council’s role in appointing officers of the City.

Following public discussion at three Council meetings and a televised town hall, the City Council voted unanimously to place this measure before the voters.

The undersigned proponents or authors of the direct argument in favor of Measure CC at the General Municipal Election for the City of Piedmont to be held on November 6, 2018, hereby state that such argument is true and correct to the best of their/knowledge and belief.

Robert S. McBain, Mayor

Tim Rood, Councilmember

Dean Barbieri, Former Mayor

— Alameda County Registrar of Voters, https://www.acvote.org/

Argumento EN CONTRA

VOTE NO! This City Charter amendment is NOT a “clarification” - it is a drastic downgrading of the power and authority of our City Council. This amendment unacceptably splits Piedmont's governing authority. Our City Council has always had the authority to recruit, hire, direct, evaluate, and fire key employees: Fire Chief, Police Chief, Recreation, Public Works, and Finance Director, etc. Under Measure CC, the City Council would continue to hire key employees, but the Council would be prohibited by law to terminate or direct the key employees they hired; only the UNELECTED City Administrator would have this authority.

The City Council recruits and hires for objectives: better project management, proactive policing, financial controls, community outreach, accountability, resident needs, etc. Taking away Council authority, oversight and evaluations of their selected employees creates an inherent personnel problem between the Council-hired employees and the City Administrator. Splitting authority in the proposed manner opens the City to potential wrongful termination lawsuits and jeopardizes Council-selected key employees. This Measure would allow the Council to evaluate, direct, and terminate only one employee, the City Administrator.

Measure CC takes away the checks and balances processes that have kept Piedmont’s government running smoothly for many years. The proposed change is not a benefit to Piedmont residents. Keep our Council in its current role. Vote NO on this flawed City Charter Amendment weakening Piedmont government. Let’s retain Piedmont’s strong, effective Council government rather than strong City Administrator government. VOTE NO ON MEASURE CC.

The undersigned proponents or authors of the direct argument in favor of or opposed to Measure CC at the General Municipal Election for the City of Piedmont to be held on November 6, 2018, hereby state that such argument is true and correct to the best of his/her/their/knowledge and belief.

Alice Creason, Former Mayor and Planning Commissioner

Bobbe Stehr, CIP Member, Former Planning Commissioner

Patty White, Former Mayor and Planning Commissioner

Gala Mowat, Resident

Melanie Robertson, Former Planning Commissione

— Alameda County Registrar of Voters, https://www.acvote.org/

Refutación al argumento A FAVOR

 Vote NO! Reject Measure CC – the HIRE, BUT NOT FIRE Measure - eliminating our City Council's right to evaluate, direct and terminate Council-hired key employees: Fire Chief, Police Chief, Finance, Public Works and Recreation Director, etc. This administrative change was recommended by the City Administrator at lightly attended meetings with little public participation.

Measure CC would decrease the authority of the City Council, transferring it to one person, the City Administrator, who would be the only person to evaluate, direct, and terminate the Councilhired key employees without Council consultation or directive. Measure CC increases the power of an unelected administrator holding no public accountability.

Piedmont’s Charter has effectively served Piedmont for generations. Separating Councilselected employees from Council oversight creates conflicts and misplaced loyalties detrimental to Piedmont. Key employees should be loyal to the citizens of Piedmont and “serve at the pleasure of the City Council,” not at the pleasure of the City Administrator.

Our Charter requires our five-member Council to vote on key employee hiring selections, evaluations, direction, compensation, and terminations. The public and Council should not be isolated from undisclosed policies and injudicious decisions by City Administrators.

Piedmont success depends on the accountability of our elected Council to make important decisions of hiring and firing key employees, rather than abdicating to an unelected City Administrator.

Measure CC proposes a “solution” to a problem that doesn’t exist. Keep Piedmont’s elected Council strong and protective. VOTE NO on CC!

"The undersigned proponents or authors of the direct/rebuttal argument in favor of or opposed to Measure CC at the General Municipal Election for the City of Piedmont to be held on November 6, 2018, hereby state that such argument is true and correct to the best of his/her/their/knowledge and belief."

Alice Creason, Former Mayor and Planning Commissioner

Melanie Robertson, Former Planning Commissioner

Bruce Mowat, Resident

Gala Mowat ,Resident

B. Suzanne Farley, Resident

 

— Alameda County Registrar of Voters, https://www.acvote.org/

Refutación al argumento EN CONTRA

Measure CC opponents claim the measure would “unacceptably split Piedmont’s governing authority” but have identified no other city with Piedmont’s current system of split governance. The Charter says City officers are appointed, directed by and serve at the pleasure of the Council, but also has conflicting provisions saying that the City Administrator is the chief administrative officer, with responsibility for administration and supervision of all departments. Measure CC would resolve this conflict.

Opponents mischaracterized the measure. Under Measure CC, the Council still hires, directs and fires the City Administrator and City Attorney and hires other officers. But meeting twice a month, Council cannot and shouldn’t attempt to direct department heads’ daily work; instead, Council provides strategic direction to staff through the City Administrator, who’s responsible for supervising, reviewing performance, and if necessary disciplining staff – including department heads. This is the practice in Piedmont and nearly every other city. Measure CC clarifies this ambiguity.

Opponents warn of wrongful termination lawsuits, but cite no legal opinion. The City Attorney carefully reviewed the measure.

Piedmont competes for quality staff in a tight labor market. While Piedmont currently benefits from a highly qualified, professional staff, expensive failures of oversight have occurred in the past. Letting three Councilmembers protect an incompetent department head from termination even after a disciplinary process, or fire a competent department head for payback or political reasons, has the potential for an uncomfortable work environment, high staff turnover and low morale. Bring Piedmont into the 21st Century – Vote Yes on CC.

The undersigned proponents or authors of the rebuttal to the argument opposed to Measure BB at the General Municipal Election for the City of Piedmont to be held on November 6, 2018, hereby state that such argument is true and correct to the best of his/her/their/knowledge and belief.

Robert S. McBain, Mayor

Tim Rood, Councilmember

Valerie Matzger, Former Mayor

Dean Barbieri, Former Mayor

John Chiang Former Mayor

— Alameda County Registrar of Voters, https://www.acvote.org/

Más información

Videos (1)

City of Piedmont video of October 11, 2018 League of Women Voters Election Forum. --Candidates: Members City Council, Piedmont --Piedmont Measure BB and Measure CC --Candidates: Piedmont Unified School District Governing Board Members

Eventos (1)

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