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Charter Review
Ad Hoc Committee Updates
SANTA ANA
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Slide 2
Charter Review
City Manager's Office
April 5,2022
• In December 2021, Mayor Sarmiento established
the 2022 Charter Review Ad Hoc Committee
(composed of Councilmembers Mendoza, Penaloza,
and Phan).
• In addition to reviewing the 17 proposed Charter
amendments from the 2020 Ad Hoc Committee, the
2022 Charter Review Ad Hoc Committee members
will be examining the following topics:
— (1) a proposal to prohibit the use of all fireworks
— (2) current City Council policy matters
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Slide 3
Charter Review
City Manager's Office
April 5,2022
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Slide 4
Charter Review
City Manager's Office
April 5,2022
• Three sets of recommendations:
— Reconsider 16 of 17 Charter amendments
from 2020 Ad Hoc Committee (tod ay's
discussion)
— Prohibition on the use of fireworks (to be
discussed at a future meeting)
— Any new City Council policy matters (to be
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discussed at a future meeting)
Slide 5
Charter Review
City Manager's Office
April 5,2022
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Slide 6
Charter Review
City Manager's Office
April 5,2022
By No Later Than the June 7,2022 Meeting
• Adopt a resolution calling for the placement of a ballot
measure regarding proposed Charter amendment(s).
• Request that the Orange County Board of Supervisors
consolidate with the Statewide General Election.
• Authorize the filing of direct arguments and rebuttals
designating up to five Councilmembers to author an
Argument and Rebuttal statement.
• Direct the City Attorney to prepare an impartial
analysis.
• Direct the Clerk of the Council to publish legal notices as
required by law.
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Slide 7
Charter Review
City Manager's Office
April 5,2022
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Slide 8
Charter Review
City Manager's Office
April 5,2022
1. Concur with the 2022 Ad Hoc Committee regarding
the proposed Charter amendments 1 through 16.
2. Review the proposed Charter amendments 1 through
16 and direct staff to prepare revised proposed
Charter amendments 1 through 16 as discussed.
3. Direct City Attorney and Clerk of the Council to
prepare necessary documents to place any of the
proposed Charter amendments on the ballot for
November 8, 2022 election.
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Slide 9
Charter Review
City Manager's Office
April 5,2022
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Slide 10
Charter Review
City Manager's Office
April 5, 2022
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Slide 11
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #1
• Section 400: Number, Selection and Term
of Members
• Purpose/Reason for Amendment: Clarifies
when new councilmembers are sworn in
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Slide 12
Charter Review
City Manager's Office
April 5,2022
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Sec. 400. - Number, selection and terms of members.
The City Council shall consist of seven (7) members elected at the
times and in the manner provided in this charter, each of whom, except for
the mayor, shall serve a term of four (4) years. The term of each ..member
shall begin at 6:00 p.m. on the first regularly scheduled meeting or at a
special meeting FeGE)R ' Tuesday of DeGemb following certification of
election results, and each shall serve except as otherwise provided for in
this charter, until the rrmerrmber's hos ;tee successor is elected and
qualified. Each Office of councilrrmember shall be a separate Office and,
except for the mayor, one (1) of such offices shall be assigned to each of
the wards of the City.
Councilrrmembers shall be residents of their respective wards, and
nominated and elected Only by the voters of their respective wards. The
Mayor shall be elected from the City at large.
Slide 13
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #2
• Section 404: Presiding Officer, Mayor
• Purpose/Reason for Amendment:
Moves term limit provisions from this
section to Section 401.01 (new)
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Slide 14
Charter Review
City Manager's Office
April 5,2022
Sec. 404. - Presiding officer, mayor.
The mayor shall be a member of the City Council and shall preside
over the meetings of the City Council. The mayor shall have voice and vote
in all of the City Council's proceedings and shall be recognized) as head
of the City government for all ceremonial purposes. The mayor shall have
no administrative duties but shall perform such other duties as may be
prescribed by this charter, or imposed by the City Council, consistent with
his office -
The mayor shall be elected by the voters of the City at large at each
general municipal election in November of even -numbered years for a two-
year term commencing on the same date as the terms of other council
members elected in such year- No person may be a candidate for mayor
and a candidate for any other office on the City Council in the same
election. In the event an incumbent City Council member other than the
mayor is elected mayor such other office shall become vacant at the time
he or she assumes office as mayor and the City Council shall calla
special election to fill the vacancy.
To be eligible to be elected to the office of mayor a person must be a
qualified voter as provided for in the Elections Code of the Mate of California_
If the mayor is convicted of a crime involving moral turpitude; the office shall
immediately become vacant and be so declared by the city council.
RECOMMEND:
moving
to separate
section entitled "Term Limits." A-
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Slide 15
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #3
• Section 401.05 : Code of Ethics and Conduct
• Purpose/Reason for Amendment: Clarifies the
applicability of the Code of Ethics and Conduct to include,
in addition to elected officials (city council, board and
commission members), the following:
— Appointed officials (City Attorney, City Manager, Clerk of Council)
— Executive Management Team (Police Chief and directors of all City
departments)
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Slide 16
Charter Review
City Manager's Office
April 5,2022
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Sec. 401.05. - Code of ethics and conduct.
The City of Santa Ana shall adapt a Code of Ethics and Conduct for
elected officials, the City Attorney, the City Manager. the Clerk of Council:
the Police Chief. directors of all City departments. and members of
appointed hoards; commissions; and committees to assure public
confidence in the integrity of local government elected and appointed
officials.. The City Council shall periodicaly review at the Code of Ethics
and Conduct and make any amendments by ordinance or resolution withip
Iiv mrtn+hr nf tk5a �ffcrtiaan rl*ta of Chic of '1+�rFar arfinn
nc-rrrvrrm o�o`r-n-rccn �� cr-e c-szuccva--mTo��aeRrci �.cnvrr_
Any person alleging a violation of the Code of Ethics and Conduct by the
Police Chief or department director shall provide a �.,riHen document to the
City Manager with their name and contact information and a brief
description of the alleged violation. The City 10anage r shaI I review and
respond to the complaint in writing and report to the City Council every
th irty (30) days of the status of the review.
Any person alleging a violation of the Code of Ethics and Conduct by any
member of the Gity Council, the City Manger. the City Attorney, the Clerk of
Council, or members of appointed boards. commissions. and committees
shall provide a written document to all members of the City Council with
their name and contact information and a brief description of the alleged
violation- The City Council shall refer the complaint to an ad hoe committee
of the Council for review. The Council ad hoc committee may then make a
recommendation to the full City Council for futher review, investigation or
action_ When a review or investigation is completed, the City Council may
impose sanctions which may include. a reprimand.. formal censure or loss
of committee assignments or in the case of members of boards.
commissions or committees. removal from the board.. commission, or
committee_ A complaint concerning an alleged violation by one of the
Council's appointed employees shall be handled as a personnel matter.
Slide 17
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #4
• Section 405: Mayor Pro Tem
• Purpose/Reason for Amendment: Clarifies
when the selection of the mayor pro tem
shall occur
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Slide 18
Charter Review
City Manager's Office
April 5,2022
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Sec. 405. - Mayor pro tern.
Each calendar year. at the lie first meeting in January,
mitt Q9uFirmI qra c[ar+e47 the City Council shall elect a mayor pro tern who
shall act as mayor during the absence from the City or disability of the
mayor, or during any vacancy in the office of mayor until otherwise filled in
accordance with section 403. All members of the City Council. other than
the mayor. shall be eligible to serve as mayor pro tern regardless of their
seniority or whether they previously served a term or terms as rnayor pro
tern_ The mayor pfo tem from the previous year cannot be selected as
mayor pro tens the next year_ The mayor pro tem shall serve al the will and
pleasure of the Council and may he replaced by four affirmative votes of
the Council
Slide 19
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #5
• Section 406: Council Judge of Elections and
Qualifications of Members
• Purpose/Reason for Amendment: Adds "or
at a special meeting"
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Slide 20
Charter Review
City Manager's Office
April 5,2022
Sec. 40 . - Council judge of elections and qualifications of members.
The City Council shall be the judge of the election and qualifications of -its
member(s) as defined in section 401 of this charter and shall meet on the
first regularly scheduled meeting or at a special meeting after election
returns are certified for any municipal election at which members of the City
Council are elected, declare the results thereof, and install elected
members, if any.
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Slide 21
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #6
• Section 413: Adoption (Ordinances)
• Purpose/Reason for Amendment:
Adds "resolutions" to title; clarifies effective
date and who can sign, and provides that
ordinances amended after the first reading
must be re -introduced to be consistent with
state law
Slide 22
SANTA ANA
Charter Review
City Manager's Office
April 5,2022
Sec. 413. - Adoption (resolutions and ordinances).
Every ordinance shall be introduced in writing_ A copy of each
ordinance and written resolution shall be available in the council's
chambers for public inspection during any council meeting at which the
same is to be passed or adopted. No ordinance shall be passed finally on
the day it is introduced; except for emergency ordinances as hereinafter
defined in Section 415, nor within six (6) days thereafter, nor at any time
other than at a regular or adjourned regular rneeting. A proposed ordinance
niay not be amended or modified between the time of its first reading
and the time of its second readiM fiRal passage, except for
clerical errors or corrections as discussed by the Council r,pay—r irary i+�
gels craI sGgpe and GFiginal ni'rime® aFe raIA.iRPd The rights and powers
conferred on the City Council shall be exercised by ordinance, resolution or
motion as may be prescribed by the Constitution or Laws of the State of
California, and the provisions of this Charter; provided, that each act of the
City Council establishing a fine or other penalty or granting a franchise shall
be by ordinance.
No order for the payment of money shall be adopted or made at any
other than a regular or adjourned regular meeting, except when a state of
emergency has been declared or at an emergency meeting properly
convened.
All ordinances and written resolutions .shall be signed by the mayor and
attested by the Clerk of the Council as soon} as possible. but no later than
72 hours from its adoption by the Council If the mayor is not available or
does not sign an ordinance or resolution. the Clerk of Councill shall first ask
the mayor pro tern to sign and then any Councilmember who voted to
approve the ordinance or resolution.
Slide 23
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #7
• Section 613: Claims— Formalities; Treasury
Warrants
• Purpose/Reason for Amendment:
Staff recommends revising this section to
streamline the process for paying invoices.
The prescribed process in the Charter is
outdated.
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Slide 24
Charter Review
City Manager's Office
April 5,2022
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Sec_ 613. - Claims —Formalities, treasury payment ems_
Any claim against the City shall be in writing and may be in the form of
a bill, invoice, payroll, or formal demand. The director of finance, with
approval of the City Manager, may prescribe the formates f^r��_ Ain
which claims against the City shall be presented_ to k_ Each such claim
shall be presented to the direstep-of-finance department_ The director of
finance shall prescribe internal controls for examination and audit of each
claim, who shall exapAipe anr+ w -.+i+ i+. If the claim is correct in all respects,.
has not previously been paid nor certified for payment, is provided for by an
appropriation or legally enforceable court or administrative order for the
purpose or object that gave rise to it, and if sufficient funds for the payment
thereof remain unencumbered in such appropriation if applicable, and if the
claim is otherwise legally due and payable, the director of finance sh°�e
Ger+ify on the original form oyidei;Ginn shall authorize
payment from r+raW hiss Ea gWalA+ nn the treasury, and against the proper
fund, for the payment thereof.
All claims certified for payment by the director of finance, and payments
w,arrpts drawn by the finance director him for the payment thereof, shall
be transmitted by the finance director to the City Manager together with
a list of such payments war -Pants; payable from each fund, showing for each
payment,warr ,gin+ the number, date, and amount of the payment wa w#
and the name of the payee. The City Manager may approve or disallow any
of the claims so certified for payment_ Any person dissatisfied with the
refusal of the director of finance and/or the City Manager to approve any
claim, in whole or in part, may present such claim to the City Council_ The
City Council, after examination into the matter, may approve or disapprove
the claim in whole or in part, and, if properly payable under an existing
appropriation, may order the director of finance to make payment of the
claim or portion thereof dmw hr, hhir Nwarran+ on the treasury in nayrnent
thsFsaf. For any such claim for which no provision, by way of appropriation,
exists, but which is approved for payment by the City Council, appropriation
by the City Council shall be made therefor before the director of finance is
ordered to make payment dr.�-" his warrapt in payrnen+ thereof.
Payment dui on the City treasury which are not paid for lack
of funds shall be registered. All registered payments Nw4rrpn c shall be paid
in the order of their registration when funds therefor are available and shall
bear interest from date of registration at such rate as shall be fixed by the
City Council by resolution.
Slide 25
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #8
• Section 1000: Civil Service System
• Purpose/Reason for Amendment: Revises
equal opportunity provisions; adds "with
concurrence of the City Council" relating to
any recommendations for changes to the
civil service rules by the Personnel Board
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Slide 26
Charter Review
City Manager's Office
April 5,2022
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Sec. 1000. - Civil service system -
A civil service system shall be as follows in addition to necessary rules of
implementation to be established by ordinance: and as may be
recommended by the personnel board:
a; That the most qualified and competent employees shall be appointed
and promoted, based upon fair and equitable competition for the positions to
ensure the highest quality City government -
That no political or other outside influences shall affect appointments or
promotions-
fA That there shall be equal opportunity for all persons regardless of
membership in a protected class as specified in state or federal law-
sexrare religion creed, marital StabUc nhtircical hanrlican. OF national
-
ORR"
.d; That there is equitable treatment of all civil service employees in
matters of discipline, layoff or dismissal from the City service.
The system should be established in such a manner to ensure the
accomplishment of the foregoing standards in appointments, promotions,
discipline, layoffs or dismissals of civil service employees -
The civil service rules and regulations shall provide for such matters as
the City Council and the personnel board, with the concurrence of the City
Council, may deem necessary, proper or expedient to carry out the intent
and purpose of the civil service provisions of this charter. These rules and
regulations shall provide:
a; Preference for veterans for appointment to civil service positions
consistent with the principle of merit-
fb; Vacancies in positions of the higher classes in the civil service of the
City shall be filled with preference to employees occupying positions of lower
classes having duties and responsibilities which can reasonably be
considered as affording training and experience for the performance of the
duties of the higher class.
01 That persons achieving eligibility for a position in the civil service shall
retain that eligible status for a time sufficient to offer an opportunity to be
appointed to a position in the civil service.
Slide 27
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #9
• Section 1002: Civil Service and Excepted
Service
• Purpose/Reason for Amendment:
Administrative clean-up; revisions to ensure
compliance with CalPERS rules and other
applicable laws and regulations
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Slide 28
Charter Review
City Manager's Office
April 5,2022
Sec. 1002. - Civil service and excepted service.
The civil service system of the City shall cover all employees of the City not
excepted by this section.
The excepted service shall comprise the following offices and positions:
The individual offices held by all elective officers-,
The City Manager and the City Manager's his assistants, if any;
{3) The City Attorney and the City Attorney' s h+s legal assistants, if any-,
W! The Clerk of the Council-, (5) The &ec4ar f fiRaRW
+61 The d Fec+nr of norcnnnal if
L57} The head of each department of the City as specified by ordinance or
resolution R9t G!he.r,.,iSo S rif�orl h.r.rr,:R Rd +ha rh.vf �.-1.,-, �o+ram+;,.a Off,,. -or
nf+hke F4sde eiG r.+ agBFi Gy ,-,f toe F'�ty Of Car.+a Ar,a and of the
housing authority of the City of Santa Ana, but not including the police chief
or the fire chief,
L6) One private secretary to the City Manager;
[f8] All members of boards and commissions;
LM) Positions occupied by persons employed to render professional,
scientific, technical; or expert service of an occasional and exceptional
nature,
L44) Positions in any class or grade created for a special or temporary
purpose;, an`I—cm�r hmG r" h�rF. o +n exist. W_ o per rd of not longer+han n Stir (90)
day5l.
(12)-PoSifi ens of a Glass OF Fade a mpted- frr.m the r ail o - e_ for a
Of Giw f91 .-. ORthS in aRy ralar.rlar YeaF r. Virled !hall +hen SqFiRel
bGarrl p1:i,-n+l r.r. 9f eha IQ ly 4Aa.,ageF @Rd aft8F n..d,li.- R@t;.-a a-Rd-
heariRgG F nr..+r +.-. +ha Gity GO RGil r Gh a R..+iGR Rd +ho f ty
COUR.ril o an+S S .rho m.nfiryn by FF19t adopted by two UNrds ( 23) of i+v
members. Any S .rh. n mn+ion Shall no+ affRnr# +hcn. +an..ra. of aRy Person
arhese a in+rnnnf har- harnme final .rpd-er.ri.ril sepviGei
{104;} Part-time positions or- employments; Fe9wiFiRg less than VWeRty r29,
Feg filar hn.arc of n nln...FReW n olr
(14) 9Ghn9l r ar sl
(116) All positions occupied by persons employed to replace employees
ordered to active duty, enlisted, or drafted for military service during a
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national emergency or when this country has declared war and until the
expiration of the time when such replaced employee could demand his
former position of employment under federal or state statutes.
0hy The civil service shall comprise all positions not specifically included
by this section in the excepted service.
ror In the event an officer or employee of the City holding a position in the
civil service is appointed to a position in the excepted service and should
subsequently be removed -therefrom within twelve (12) months of the
employee's appointment to the excepted service, the employee shall revert
to the employee's his former position in the civil service without loss of any
rights or privileges and upon the same terms and conditions as if the
employee had remained in said position continuously.
Slide 29
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #10
• Section 1010: Prohibitions
• Purpose/Reason for Amendment: Updates
anti-discrimination provision and adds a
provision requiring that the City Council
adopt an anti -nepotism policy
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Slide 30
Charter Review
City Manager's Office
April 5,2022
Sec_ 1010. - Prohibitions_
(a) No officer or employee of the City shall in anyway favor or discriminate
against any employee of the Oily or any applicant for employment with the
City because of the employee's his OF heP Paee; age, CelGF, FeligiOR, sex GF
A;+ -^"-a' GFigiR_ Membership in a protected class under state or federal late_
(b) No officer or employee of the City shall engage in any political activities
in violation of Chapter 9.^ of Division 4 of Title 1 of the California Government
Code (commencing with Section 2201) 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 provisions of applicable lavi-
(c)No officer or employee of the City and no candidate for any City office shall,
directly or indirectly, solicit any assessment: subscription, or contribution,
whether voluntary or involrintary, for any political candidate, for Santa Ana
municipal office from anyone on an eligible list, or, with the exception of
elective officers and members of appointive boards and commissions,
anyone holding a position in the service of the City.
(d) No person shall willfully orthrough culpable negligence mare any false
statement; certificate, mark; rating: or report in regard to any application; test
certification, or appointment held or made under the provisions of this article
or in any manner commit or attempt any fraud preventing the impartial
execution of such provisions of this article or of the rules and regulations
made hereunder.
(e) No officerar employee shall use nepotism in contractinq. hiring.
promotion. discipline or any other employment decision. The City Council
shall adopt an anti-nepotisr i policy.
Slide 31
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #11
• Section 1011: Contract for Performance of
Administrative Functions
• Purpose/Reason for Amendment: Changes
" personnel" to "human resources"
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Slide 32
Charter Review
City Manager's Office
April 5,2022
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See_ 1011. - Contract for performance of administrative functions.
The City Council, upon recommendation of the City Manager, may
contract with the governing body of any other City or Of any county within
this state., or with any state department or other state agency for the
preparing orconducting of competitive examinatiOns for positions in the
service of the City or for the performance of any Other human resources
Pel'SG Reel administration service.
Slide 33
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #12
• Section 1014: Work Stoppages
• Purpose/Reason for Amendment:
Removes this section in its entirety to
comply with State law
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Slide 34
Charter Review
City Manager's Office
April 5,2022
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Sep_ 1014. -- Reserved- ti�►r,-. k stqppag.es.
a
r s a a a i s a ■ a ■ a r
� ■ a�.■�TIRs<■tY�\■a4�
Slide 35
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #13
• Section 1208: Enforcement
• Purpose/Reason for Amendment:
Allows that the City to contract with a State
or County entity to enforce the campaign
contribution provisions of the Charter
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Slide 36
Charter Review
City Manager's Office
April 5,2022
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Sec. 1208. - Enforcement.
-(a) Any person who knowingly or willfully violates sections 1206 car_
1207 of this charter is guilty of a misdemeanor.
(b) Any resident of the City may bring an action, at a time during an
election period or thereafter, in a court of competent jurisdiction to enjoin
actual or threatened violations of, or to compel compliance with, or to
obtain a judicial declaration regarding compliance with, section 12,06,
1206.01 or 1207.
(c) The City Attorney may maintain, in the name of the City, or a
resident of the City may maintain, in his car her own name, a civil action to
recover from a candidate or a committee controlled by a candidate any
contributions received by such candidate or committee in excess of the
contribution limitations established by section 1206. Any money recovered
in any such action shall be deposited in the City's general fund.
(d) The City may contract with a State or County entity to enforce the
r)rovisions of this Section.
Slide 37
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #14
• Section 1400: Employees' Retirement
System
• Purpose/Reason for Amendment:
Revisions to be consistent with revisions in
Section 1002 (Civil Service and Excepted
Service)
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Slide 38
Charter Review
City Manager's Office
April 5,2022
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Sec. 1400. - Employees' retirement system.
kaa Dray to provide retirement system. Except as hereinafter otherwise
provided, the council shall provide, by ordinance or ordinances, for the
creation, establishment and maintenance of a retirement plan or plans for
all officers and employees of the City. Such plan or plans need not be the
same for all officers and employees. Subject to other provisions of this
article, the council may at any time; or from time to time, amend or
otherwise change any retirement plan or plans or adopt or establish a new
or different plan or plans for all or any officers or employees.
.-�- Authority to join other systems. Subject to other provisions of this article,
the City; by and through its council, is hereby empowered, but not required,
to join or continue as a contracting agency in any retirement or pension
system or systems existing or hereafter created under the Iaws of the State
of California or of the United States of America to whichi municipalities and
municipal officers or employees are eligible for membership.
,q Continuance of existing retirement system. Until otherwise provided by
ordinance; the City shall continue tQ participate in the Public Employees'
Retirement System of the State of California, as the same now exists or
may hereafter be amended. The City Council may not terminate any such
contract with the Public Employees' Retirement System of the State of
California, and may not amend any such contract in a manner which would
decrease or eliminate any benefit accruing to persons employed by the City
at the time of such contract termination or amendment, unless such
amendment shall substitute a retirement system or systems providing
equal or greater benefits for said persons.
,g, Exciusions. The council in its discretion may exclude all or any of the
following persons from any or all retirement plans, to wit_
Persons mentioned in subsections (a)(1 ). (5}-(10) of Charter Section
1002 rrP (61 17) 6@. rQ-) rare raa3 aarid- r12-) ofsse-+ie.p InQ2—C-A
Persons in City service primarily for training_ study or educational purposes;
Persons employed or paid on a part-time, per diem, per hour or any basis
other than a rnonthly basis.
Slide 39
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #15
• Sections: [various]
• Purpose/Reason for Amendment: Replaces
gender-specific language with gender -
neutral language
M
Slide 40
Charter Review
City Manager's Office
April 5,2022
Charter Amendment #16
• Sections: [various]
• Purpose/Reason for Amendment: Replaces
" clerk of the council" with "city clerk"
M
Slide 41
Charter Review
City Manager's Office
April 5,2022