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Item # 37
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: City Charter
AGENDA TITLE:
Charter Review Ad Hoc Committee Informational Report
RECOMMENDED ACTION
Accept informational report and provide direction to staff.
DISCUSSION
Introduction
This report provides background information relating to recent proposals to amend the
City Charter (the “Charter”), share the Charter Review Ad Hoc Committee’s progress to
date, and create an opportunity for the City Council to discuss and provide direction to
staff for follow-up.
About the Charter
The City of Santa Ana is governed through a Charter authorized by the California
Constitution. The Charter is a vital document which establishes a degree of autonomy to
local governments and outlines certain authority and restrictions the City has over
municipal affairs. The Charter addresses important aspects of Santa Ana’s authority. The
original Charter of the City of Santa Ana was adopted by the voters on 1952. Modifications
to the original document have been approved by the voters on several occasions, with
the last major amendment occurring as part of the November 8, 2018 General Municipal
Election.
2020 Charter Review Ad Hoc Committee
From January to May 2020, an ad hoc committee of the City Council (the “2020 Ad Hoc
Committee”) met to explore proposals to amend the Charter. After a series of 11
meetings, and based upon feedback from City staff and the public, the ad hoc committee
prepared 17 proposed Charter amendments (Exhibit 1). The proposed amendments
consisted of administrative clean-up items and various policy issues from the then-seated
members of the City Council. Ultimately, the City Council decided to not take any action.
City Charter
April 5, 2022
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About the 2022 Charter Review Ad Hoc Committee
In December 2021, Mayor Sarmiento established the 2022 Charter Review Ad Hoc
Committee (the “2022 Ad Hoc Committee”), composed of Councilmembers Mendoza,
Penaloza, and Phan) to explore possible Charter amendments to be considered as part
of the November 8, 2022 General Municipal Election. 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) current
City Council policy matters; and (2) a proposal to prohibit the use of all fireworks. It is
important to note that in addition and separate to the work of the 2022 Ad Hoc Committee,
the Police Oversight Ad Hoc Committee is considering establishing a police oversight
board/commission, which could include an amendment to the Charter. If so, that
recommendation would come from the Police Oversight Ad Hoc Committee and would
not be considered by the 2022 Ad Hoc Committee.
2022 Charter Review Ad Hoc Committee Recommendations
The 2022 Charter Review Ad Hoc Committee will be preparing three sets of
recommendations to the City Council: (1) recommendations to reconsider 16 of the 17
Charter amendments originally proposed by the 2020 Ad Hoc Committee; (2) a
recommendation whether or not to prohibit the use of all fireworks; and (3) any new
proposals to amend the Charter based upon policy issues from the current City Council.
This report includes recommendations relating to the first item (reconsider previous
proposed Charter amendments). Staff will return to the City Council at a future meeting
with separate informational reports that will outline a recommendation relating to the
prohibition on the use of fireworks, as well as any new proposals (City Council policy
matters) from the 2022 Ad Hoc Committee to amend the Charter.
Recommendation: Reconsider 16 of the 17 Charter Amendments Proposed by the 2020
Ad Hoc Committee.
Below is an overview of 16 of the 17 Charter amendments that were originally proposed
by the 2020 Ad Hoc Committee, all of which the 2022 Ad Hoc Committee recommends
that the City Council move forward for the November 8, 2022 General Municipal Election.
Proposed Charter Amendment Purpose / Reason for Amendment
1 Section 400: Number, Selection
and Term of Members
Clarifies when new councilmembers are sworn in
2 Section 404: Presiding Officer,
Mayor
Moved term limit provisions from this section to
Section 401.01 (new)
3 Section 401.05 (new): Code of
Ethics and Conduct
Clarifies the applicability of the Code of Ethics and
Conduct to include elected officials, the City
Attorney, City Manager, Clerk of Council, Police
Chief, and directors of all City departments
4 Section 405: Mayor Pro Tem Clarifies when the selection of the mayor pro tem
shall occur
City Charter
April 5, 2022
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5 Section 406: Council Judge of
Elections and Qualifications of
Members
Adds “or at a special meeting”
6 Section 413: Adoption
(Ordinances)
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
7 Section 613: Claims—
Formalities; Treasury Warrants
Finance recommends revising this section to
streamline the process for paying invoices. The
prescribed process in the Charter is outdated.
8 Section 1000: Civil Service
System
Revises equal opportunity provisions; adds “with
concurrence of the City Council” relating to the civil
service rules
9 Section 1002: Civil Service and
Excepted Service
Administrative clean-up; revisions to ensure
compliance with CalPERS rules and other applicable
laws and regulations
10 Section 1010: Prohibitions Updates anti-discrimination provision and adds a
provision requiring that the City Council adopt an
anti-nepotism policy
11 Section 1011: Contract for
Performance of Administrative
Functions
Changes “personnel” to “human resources”
12 Section 1014: Work Stoppages Removes this section in its entirety
13 Section 1208: Enforcement Allows that the City to contract with a State or County
entity to enforce the provisions of this section
14 Section 1400: Employees’
Retirement System
Revisions to be consistent with revisions in Section
1002
15 [various]Replaces gender-specific language with gender-
neutral language
16 [various]Replaces "clerk of the council" with "city clerk"
The text relating to each proposed Charter amendment (Exhibit 1) is attached to the staff
report.
Timeline to Submit Charter Amendments for the November 2022 General Election
In the event that the City Council decides to submit one or more proposed Charter
amendments to the voters at the General Municipal Election on November 8, 2022, and
to ensure sufficient time to prepare all the necessary documents and provide for a ballot
argument process, the City Council must make the decision relative to submitting ballot
measures by no later than the June 7, 2022 City Council meeting. Specifically, by the
June 7, 2022 meeting, the City Council must accomplish the following:
Adopt a resolution calling for the placement of a ballot measure regarding
proposed Charter amendment(s) (§9280, 9282);
Request that the Orange County Board of Supervisors consolidate with the
Statewide General Election;
City Charter
April 5, 2022
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Authorize the filing of direct arguments and rebuttals designating up to five (5)
Councilmembers to author an Argument and Rebuttal statement;
Direct the City Attorney to prepare an impartial analysis (§ 9280); and
Direct the Clerk of the Council to publish legal notices as required by law.
The Clerk of the Council has prepared a detailed calendar of deadlines relating to adding
ballot measures to be considered at the November 8, 2022 General Municipal Election
(Exhibit 2).
Options for Consideration by the City Council
The City Council has the following options to consider relating to this item:
1. Concur with the 2022 Ad Hoc Committee regarding the proposed Charter
amendments 1 through 16; or
2. Review the proposed Charter amendments 1 through 16 and direct staff to prepare
revised proposed Charter amendments 1 through 17 as discussed; and
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 3, 2020
General Election.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Proposed Charter amendments text (redline / track changes)
2. Calendar of Deadlines
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
#43192v1
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 second Tuesday of December
following certification of election results, and each shall serve except as otherwise
provided for in this charter, until the member’s his or her successor is elected and
qualified. Each office of councilmember 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.
Councilmembers 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.
#43190v1
Sec. 401-Qualifications of members
To be eligible to be elected to the office of councilmember, a person must demonstrate that the
candidate has been both (1) be a thirty (30) day registered qualified voter in the ward from which the
candidate is nominated and (2) and a thirty (30) day resident of the ward from which the candidate is
nominated at the time nomination papers are issued. as provided for in A policy providing for proof of
residency will be adopted by ordinance by the majority of the City Council. The residency address and
voter registration address must be the same. the Elections Code of the State of California, except that
the mayor need only be a registered voter and thirty (30) day resident of the city at such time.
To be eligible to be elected to the office of mayor a person must demonstrate that the person has been
both (1) a thirty (30) day registered voter within the city and (2) a thirty (30) day resident of the city at
the time nomination papers are issued. A policy providing for proof of residency will be adopted by
ordinance by a majority of the City Council. The residency address and voter registration address must
be the same.
In the event any councilmember other than the mayor shall cease to be a resident of the ward from
which the councilmember (or, in the case of an appointee, the councilmember's predecessor) was
elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately
become vacant and shall be filled in the same manner as herein provided for other vacancies; provided,
that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in
case of an appointee, the councilmember's predecessor) was elected solely because of a change in
boundaries of any ward as in this charter provided, the councilmember shall not lose the office by
reason of such change. If a member of the city council shall be convicted of a crime involving moral
turpitude, the office shall immediately become vacant and be so declared by the city council.
RECOMMEND: Moving to new Section entitled “Term Limits” A person who has served three (3)
consecutive terms of four (4) years each shall beeligible for appointment, nomination for or election to
the office of councilmember(regardless of wards represented by that person during such period) no
sooner thanfor a term beginning eight (8) years after completion of that councilmember's
thirdconsecutive full term.
Short or partial terms shall not be considered in determining eligibility for appointment,nomination or
election. For purposes of this Charter, short or partial terms shallonly be those where the
councilmember was elected or appointed to replace anothercouncilmember who left office before the
latter official's term expired. Any councilmemberwho assumed office at the beginning of a term and left
office early for any reasonwhatsoever shall be deemed to have served a full term; provided, however
that anyperson who has served twenty (20) consecutive years in office, as both a council memberand
mayor, regardless of the order in which they served, shall not be eligible forappointment, nomination or
election as a council member or as mayor, no sooner thanfor a term beginning eight (8) years after
completion of the council member or mayoralterm, or vice versa. The provisions of this section related
to short or partial termsis deemed to be declaratory of existing law.
#43191v1
SECTION 401.01- Term Limits (NEW SECTION)
This section is a restatement of the current term limit provisions in Charter Section 401 and 404.
Sec. 401.01.- Term limits.
A. Councilmembers
A person who has served three (3) consecutive terms of four (4) years each shall be eligible for
appointment, nomination for or election to the office of councilmember (regardless of wards
represented by that person during such period) no sooner than for a term beginning eight (8) years after
completion of that councilmember's third consecutive full term.
Short or partial terms shall not be considered in determining eligibility for appointment, nomination or
election. For purposes of this Charter, short or partial terms shall only be those where the
councilmember was elected or appointed to replace another councilmember who left office before the
latter official's term expired. Any councilmember who assumed office at the beginning of a term and left
office early for any reason whatsoever shall be deemed to have served a full term; provided, however
that any person who has served twenty (20) consecutive years in office, as both a council member and
mayor, regardless of the order in which they served, shall not be eligible for appointment, nomination or
election as a council member or as mayor, no sooner than for a term beginning eight (8) years after
completion of the council member or mayoral term, or vice versa. The provisions of this section related
to short or partial terms is deemed to be declaratory of existing law.
B. Mayor
A person who has served four (4) consecutive terms of two (2) years each, commencing with the
term entered as a result of the November 2012 election, shall be eligible for appointment, nomination
for or election to the office of mayor no sooner than for a term beginning eight (8) years after
completion of the mayor's fourth consecutive full term. This eight year "cooling off" period shall not
apply to eligibility for appointment, nomination for or election to a council member office; provided,
however, that any person who has served twenty (20) consecutive years in office, as both a council
member and mayor, regardless of the order in which they served, shall not be eligible for appointment,
nomination or election as a council member or as mayor, no sooner than for a term beginning eight (8)
years after completion of the council member or mayoral term.
Short or partial terms shall not be considered in determining eligibility for appointment nomination or
election as mayor. For purposes of this Charter, short or partial terms shall only be those where the
mayor was elected or appointed to replace another mayor who left office before the latter official's
term expired. Any mayor who assumed office at the beginning of a term and left office early or before
term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of
this section related to short or partial terms is deemed to be declaratory of existing law.
#43192v1
Section 401.05
Sec. 401.05. - Code of ethics and conduct.
The City of Santa Ana shall adopt 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 boards, commissions,
and committees to assure public confidence in the integrity of local government
elected and appointed officials. The City Council shall periodicaly review adopt the
Code of Ethics and Conduct and make any amendments by ordinance or resolution
within six months of the effective date of this Charter section.
Any person alleging a violation of the Code of Ethics and Conduct by the Police Chief
or department director shall provide a written document to the City Manager with their
name and contact information and a brief description of the alleged violation. The City
Manager shall review and respond to the complaint in writing and report to the City
Council every thirty (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 City 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
hoc 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.
#43429v1
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 call a 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 State 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 person who has served four (4)
consecutive terms of two (2) years each, commencing with the term entered as a result of the November
2012 election, shall be eligible for appointment, nomination for or election to the office of mayor no sooner
than for a term beginning eight (8) years after completion of the mayor's fourth consecutive full term. This
eight year "cooling off" period shall not apply to eligibility for appointment, nomination for or election to a
council member office; provided, however, that any person who has served twenty (20) consecutive years in
office, as both a council member and mayor, regardless of the order in which they served, shall not be
eligible for appointment, nomination or election as a council member or as mayor, no sooner than for a term
beginning eight (8) years after completion of the council member or mayoral term.
Short or partial terms shall not be considered in determining eligibility for appointment nomination or
election as mayor. For purposes of this Charter, short or partial terms shall only be those where the mayor
was elected or appointed to replace another mayor who left office before the latter official's term expired.
Any mayor who assumed office at the beginning of a term and left office early or before term expires for
any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to
short or partial terms is deemed to be declaratory of existing law.
#43193v1
Sec. 405. - Mayor pro tem.
Each calendar year, at the In the first meeting in January, of the City Council following any general or
special election at which members of the City Council are elected, the City Council shall elect a mayor pro
tem 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 tem regardless of their
seniority or whether they previously served a term or terms as mayor pro tem. The mayor pro tem from
the previous year cannot be selected as mayor pro tem the next year. The mayor pro tem shall serve at
the will and pleasure of the Council and may be replaced by four affirmative votes of the Council.
#43192v1
Sec. 406. - 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.
#43193v1
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 meeting. A proposed ordinance may not be amended or
modified between the time of its first reading introduction and the time of its second reading final passage,
except for clerical errors or corrections as discussed by the Council providing its general scope and
original purpose are retained. 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 tem to sign and then any Councilmember who voted to approve the ordinance or resolution.
#43193v1
Sec. 609. - Budget appropriations.
From the effective date of the budget, the several amounts stated therein as proposed expenditures
shall be and become appropriated to the several offices, agencies, and departments for the respective objects
and purposes therein specified as stated in an appropriation ordinance. All appropriations shall lapse at the
end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered.
At any meeting after the adoption of the budget, the City Council may amend or supplement the
budget by motion adopted by the affirmative votes of at least two-thirds ( 2/3 ) four of the members so as to
authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate
available revenue not included in the budget; except that the City Council shall not reduce that portion of the
budget providing for the support of public recreation programs below the amount specified in section 607 of
this article.
#43197v1
Sec. 613. - Claims—Formalities; treasury payment warrants.
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 format, or
forms, on in which claims against the City shall be presented. to him . Each such claim shall be presented
to the director of finance department. The director of finance shall prescribe internal controls for
examination and audit of each claim, who shall examine and audit it. 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 shall so certify on the original form evidencing
the claim and shall authorize payment from draw his warrant on the treasury, and against the proper fund,
for the payment thereof.
All claims certified for payment by the director of finance, and payments warrants drawn by the
finance director him for the payment thereof, shall be transmitted by the finance director him to the City
Manager together with a list of such payments warrants payable from each fund, showing for each
payment,warrant the number, date, and amount of the payment warrant 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 draw his
warrant on the treasury in payment thereof. 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 draw his
warrant in payment thereof.
Payment dueWarrants on the City treasury which are not paid for lack of funds shall be registered.
All registered payments warrants 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.
ARTICLE X. - CIVIL SERVICE
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.
(b) That no political or other outside influences shall affect appointments or promotions.
(c) That there shall be equal opportunity for all persons regardless of membership in a protected
class as specified in state or federal law. age, sex, race, religion, creed, marital status, physical
handicap, or national origin.
(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.
(b) 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.
(c) 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.
(d) That the right to exercise disciplinary and dismissal powers is vested respectively in the officers
of the City who have the power of appointment as to any position in the personnel system. Actions
relating to suspension, demotion or dismissal for reasonable and sufficient cause may be taken
by the officer having the power of appointment to the position.
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.
(a) The excepted service shall comprise the following offices and positions:
(1) The individual offices held by all elective officers;
(2) The City Manager and the City Manager’s his assistants, if any;
(3) The City Attorney and the City Attorney’s his legal assistants, if any;
(4) The Clerk of the Council;
(5) The director of finance;
(6) The director of personnel, if any;
(57) The head of each department of the City as specified by ordinance or resolution not
otherwise specified herein, and the chief administrative officer of the community
redevelopment agency of the City of Santa Ana, and of the housing authority of the City of
Santa Ana, but not including the police chief or the fire chief;
(68) One private secretary to the City Manager;
(79) All members of boards and commissions;
(810) Positions occupied by persons employed to render professional, scientific, technical, or
expert service of an occasional and exceptional nature;
(911) Positions in any class or grade created for a special or temporary purpose;, and which
are to exist for a period of not longer than ninety (90) days;
(12) Positions of any class or grade exempted from the civil service for a maximum of six (6)
months in any calendar year provided that the personnel board upon application of the City
Manager and after public notice and hearings recommends to the City Council such
exemption and the City Council grants such exemption by motion adopted by two-thirds (
2/3) of its members. Any such exemption shall not affect the tenure of any person whose
appointment has become final under civil service;
(103) Part-time positions or employments; requiring less than twenty (20) regular hours of
employment per week;
(14) School crossing guards;
(115) All positions occupied by persons employed to replace employees ordered to active duty,
enlisted, or drafted for military service during a 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.
(b) The civil service shall comprise all positions not specifically included by this section in the
excepted service.
(c) 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.
Formatted: Normal
Sec. 1010. - Prohibitions.
(a) 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 his or her race, age,
color, religion, sex or national origin. Membership in a protected class under state or federal law.
(b) 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 provisions of applicable law.
(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 involuntary, 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 or through culpable negligence make 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 officer or employee shall use nepotism in contracting, hiring, promotion, discipline or any other
employment decision. The City Council shall adopt an anti-nepotism policy.
Sec. 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 or conducting of competitive examinations for positions in the service of the City or for the
performance of any other human resources personnel administration service.
Sec. 1014. -– Reserved. Work stoppages.
Any officer or employee of the City who engages in any strike, sickout, or other partial or total stoppage
of work shall be summarily subject to suspension, demotion or dismissal by the appointing authority
without right of appeal to the personnel board.
Sec. 1015. - Penalty for violation of article.
In addition to the penalties provided for in this charter for violations of its provisions, any person who
individually by himself or with others violates any of the provisions of this article shall upon conviction
thereof be ineligible for a period of three (3) years for employment in the service of the City and shall
immediately forfeit the person’s his office or position if the person is he be an officer or employee of the
City.
#43194v1
Sec. 1206. - Campaign contribution limitation.
(Aa) No person shall make, and no candidate for mayor or City Council or campaign treasurer shall solicit
or accept, any contribution or loan which would cause the total amount contributed or loaned by that
person to that candidate, including contributions or loans to all committees controlled by that
candidate, to exceed one thousand dollars ($1,000.00) in any election cycle; provided, however, that the
City Council may, by ordinance, adjust such limit to reflect changes in the consumer price index; and
provided further that nothing herein shall apply to a candidate's contribution of his or her personal
funds to his or her own campaign contribution account. As used herein, "election cycle" means the
period of time between the date of an election to the office of mayor or councilmember and the date of
the next election in the City of Santa Ana to the same office. As used herein, “person” means an
individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company,
corporation, association, committee, labor union, or any other organization or group of persons acting
in concert.
(B) A restricted developer or principal shall not make a contribution to the Mayor, member of the City
Council, or a candidate or a controlled committee for these elected City offices. The restrictions
regarding Restricted Developers apply from the time an application is submitted until 12 months after
the date a letter of determination is issued, or if none, the date the decision on the application is final. If
the application is withdrawn or terminated pursuant to the City’s Zoning Code, the restriction applies
until the day after the termination or the filing of the withdrawal.
1) For purposes of this section and section 1206.01, the following definitions apply:
a) “Applicant” means a person who is identified as the applicant on an application filed
with the City’s Planning and Building Department for a Significant Planning Entitlement as defined
herein and includes any subsequent person identified as the applicant;
b) “Owner” means a person identified as a property owner in conjunction with the
applicant for a Significant Planning Entitlement;
c) “Principal” means a restricted developer’s chair, president, chief executive officer,
chief operating officer, and any individual who serves in the functional equivalent of one or more of
these positions; a person who holds an ownership interest of 20 percent or more in a Restricted
Developer; and an individual authorized to represent a Restricted Developer before the Planning and
Building Department concerning the Significant Planning Entitlement;
d) “Significant Planning Entitlement” means the following planning approvals that are
not solely ministerial: density bonus, development agreement, general plan amendment, site plan
review, specific plan establishment, tentative tract map, vesting tentative tract, or zone change.
e) “Restricted Developer” means any Applicant, Owner or Principal with an application
for a Significant Planning Entitlement that has been submitted to the City’s Planning and Building
Agency.
#43195v1
Draft Charter Section 1206.01- Required Disclosures (New)
A. Purpose
The purpose of this section is to supplement the required disclosures pursuant to the Political
Reform Act and to increase transparency regarding campaign contributions to City elected officials,
candidates for City elective office, their campaign committees, and other committees formed to support
or oppose ballot measures or candidates within the City of Santa Ana.
B. Required Campaign Disclosures
1. In addition to the campaign statements required to be filed pursuant to the Political
Reform Act, commencing with Government Code Section 81000, candidates, their controlled
committees, and independent committees primarily formed to support or oppose candidates in the City
of Santa Ana shall file a pre-election statement on the Friday before each election on a form provided by
the Clerk of Council. This statement shall have a closing date of the Wednesday immediately preceding
the election date and shall cover the period from the last pre-election statement filed pursuant to the
Political Reform Act to the Wednesday immediately preceding the election date. “Election” as used in
this Section shall include any general municipal election, special municipal election, and recall election.
2. Every City primarily formed recipient committee formed to support or oppose the
qualification of an initiative or referendum measure prior to the commencement of the petition drive
shall, within 10 calendar days of the commencement of the petition drive, file a statement on a form
provided by the Clerk of Council disclosing all contributions of $100 or more received after the closing
date of its most recent Fair Political Practices Commission Form 460, or if the primarily formed recipient
committee has not previously filed a Form 460, the form shall instead disclose all contributions of $100
or more received since January 1 of that year.
a) For purposes of subsection 2, a petition drive commences when the proponent of an
initiative or referendum measure begins circulating a petition for signatures.
b) The statement shall have a closing date of the day immediately preceding the
commencement of the petition drive.
3. Every committee shall file with the Clerk of Council a Statement of Organization within
ten (10) days after it is formed as a committee. Every committee that forms during the period between
the closing date of the last pre-election statement and the election, shall file with the Clerk of Council, a
Statement of Organization no later than the close of the next business day.
4. A candidate or the candidate’s controlled committee must disclose, on a form provided
by the Clerk of Council, any campaign-related agreements entered into by the candidate or controlled
committee that provide for post-election payments. Such agreements include, but are not limited to,
contingency payment or "bonus" payment plans offered by campaign consultants and agreements with
persons who will receive compensation after the election for campaign services performed prior to the
#43195v1
election. A post-election payment agreement must be reported on or before the filing date of the next
pre-election statement that must be filed after the agreement is entered into.
5. Unless otherwise defined in this Charter or the municipal code, all terms shall have the
same meaning as set forth in the Political Reform Act (Government Code Section 81000 et seq.)
C. Required Disclosures by Restricted Developers
1. The Planning Department shall notify every Applicant of the requirements of Charter Section
1206 as to Restricted Developers and this Section.
2. At the time an application for a Significant Planning Entitlement, as that term is defined in
Charter section 1206, is submitted to the City’s Planning Department, the Applicant shall file the
following information:
a) The date the application was submitted;
b) The Applicant’s name, address, phone number and email address;
c) The name, address, phone number, and email address of each Owner;
d) The names and titles of all of the Principals;
e) and certification under penalty of perjury that the information submitted is true and
complete and that the applicant understands, will comply with, and will notify all the Owners and
Principals of the prohibitions in Charter section 1206 as to Restricted Developers.
D. It is unlawful to fail to comply with the disclosure requirements of California Government Code
section 81000 et seq. and the additional requirements of this section.
#43192v1
Sec. 1208. - Enforcement.
(a) Any person who knowingly or willfully violates sections 1206 or 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 1206, 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 or 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 of County entity to enforce the provisions of
this Section.
Sec. 1400. - Employees' retirement system.
(a) Duty 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.
(b) 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 laws of the State of
California or of the United States of America to which municipalities and municipal officers or employees
are eligible for membership.
(c) Continuance of existing retirement system. Until otherwise provided by ordinance, the City shall
continue to 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.
(d) Exclusions. 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) (b) of Charter Section 1002. [(a)](1),
(6), (7), (8), (9), (10), (11) and (13) of section 1002 of this charter;
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
monthly basis.
CITY OF SANTA ANA
CALENDAR OF DEADLINES FOR
BALLOT MEASURE TO BE CONSIDERED AT THE
GENERAL MUNICIPAL ELECTION
ON NOVEMBER 8, 2022
DATE DESCRIPTION
Jun 7
City Council adopted the following:
• Calling for Election regarding proposed Charter Amendment (§9280, 9282);
• Authorizing filing of direct Arguments; and
• Authorizing City Attorney to prepare Impartial Analysis and fiscal impact (if
applicable), 500 word max. (§ 9280)
Jun 8 Clerk sets deadline for Arguments and publish Notice of Election - Measures
(§9286 & Gov. Code §6061)
Jun 14
File Arguments in favor and against proposed Charter Amendment,
(recommended 7-14 days after approved by City Council; 300 words
maximum) (§9286 & 9282)
Jun 14
to
Jun 24
Public Review period for Arguments (not more than 10 days)
During this period, any voter of the jurisdiction or the county elections official
may seek a writ of mandate or an injunction requiring any or all of the materials
to be amended or deleted. (§9380)
Jun 27 File Rebuttal Arguments - deadline is no more than 10 days after Arguments
are due (250 word max) (§9220)
Jun 27
to
Jul 7
Public Review period for Rebuttal Arguments (not more than 10 days)
(§9295)
The elections official shall make a copy of the ordinance available for public
examination in the elections official’s office for a period of 10 calendar days
immediately following the filing deadline for submission of those materials.
During this time, any voter of the jurisdiction may seek a writ of mandate or an
injunction requiring any or all of the materials to be amended or deleted. Only
Rebuttal Arguments are subject to legal action during the public review period.
Aug 12 Last day to withdraw Measures from the ballot.
Nov 8 ELECTION DAY
Dec 8
Certificate of Election Results: Approximately on this date, the elections
official shall make and deliver to each person elected or nominated under its
jurisdiction, a certificate of election or nomination, signed by the elections
A L
4`'\`k, ' `}, . ' .: '\'tee.. --„'
Charter Review
Ad Hoc Committee Updates
SANTA ANA
m 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
M Slide 3
Charter Review
City Manager's Office
April 5,2022
m 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 M discussed at a future meeting)
Slide
5 Charter Review City Manager'
s Office
April 5,
2022
m 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.
In Slide 7
Charter Review
City Manager's Office
April 5,2022
m 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.
M Slide 9
Charter Review
City Manager's Office
April 5,2022
m Slide 10
Charter Review
City Manager's Office
April 5, 2022
m 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
M Slide 12
Charter Review
City Manager's Office
April 5,2022
M
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)
M 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-
n@FS9n Whr. hie• c esd fr.Yr f41 G0-RI49.-i Rit,a teFF•,r r.f toi9 (2) aG.h
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eleGtinn shall he, eligible fnr
entere
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1.
Ge l Fig G#P' n 9d shall n93 a nit,
year
n. ali r,.ihility fnF a in+maB+ n r at gin
fr,r nr eil rtir,n +n a ce member effrce. r. Virled h.
r.Weyesr th a+ aRy nes.
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hey nr4esr iR .,,h,'rh +hate 6 e red c-
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nse-pnershap
elertinr, fnr ;;
term
beg hr, .egRRineight f41afterr nleti9R of
the r• il m years rr,.hnr 9
maygral
term 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)
M Slide 16
Charter Review
City Manager's Office
April 5,2022
M
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 arfinnnc-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
M Slide 18
Charter Review
City Manager's Office
April 5,2022
M
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"
M 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.
In 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.
M Slide 24
Charter Review
City Manager's Office
April 5,2022
M
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, hhirNwarran+ 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
M Slide 26
Charter Review
City Manager's Office
April 5,2022
M
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
M 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 M
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 M 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 OFheP 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"
M Slide 32
Charter Review
City Manager's Office
April 5,2022
M
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
M Slide 34
Charter Review
City Manager's Office
April 5,2022
m
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
M Slide 36
Charter Review
City Manager's Office
April 5,2022
M
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)
M Slide 38
Charter Review
City Manager's Office
April 5,2022
M
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