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COUNCIL DIRECTION REGARDING THE ROLES OF THE CHARTER REVIEW AD-HOC COMMITTEE AND CHARTER REVIEW ADVISORY COMMISSION
RECOMMENDATION
The Council Charter Review Ad-Hoc Committee recommends that the Council approve by motion action revisions to the role of the Charter Review Advisory Commission and the scope of work of the Charter Review Advisory Committee. It is also recommended that by this motion the Council reaffirm and clarify the expectations of staff support to the Charter Review Advisory Commission.
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Summary
In June 2013, the City Council established the Council Charter Review Ad-Hoc Committee (Ad-Hoc Committee) and the Charter Review Advisory Commission (CRAC) for the purpose of undertaking a review and considering amendments to the City Charter. The Council provided a specific scope of work, deliverables and schedule to the CRAC for carrying out their work. The purpose of the work plan was to move forward with the highest priority charter amendments in as timely and efficient a manner as possible given our resources and time constraints. Over the past six months the CRAC has been deliberately working through the first of three phases of the Council approved work plan. In addition, during the past six months the CRAC has repeatedly expressed interest in addressing topics outside of the Council approved work plan to allow for a more open and transparent charter review process.
In response to this request, the Chair of the Ad-Hoc Committee developed a proposed recommendation that was designed to preserve the valuable work already completed by the CRAC while providing a pathway forward that balances openness and flexibility with the demands of scarce resources and time restrictions. This recommendation was adopted by the Ad-Hoc Committee at their January 29, 2014 meeting with approval to forward this recommendation to the full Council. The recommendation is that the CRAC be allowed to take up additional sections of the Charter while using the Council approved work plan as a guideline for their work rather than a specific work plan. However, staff resources will be available based on the original Council approved work plan. In addition, the role of the Ad-Hoc Committee was to direct the work of the CRAC based on the Council approved work plan. Given that the CRAC will determine its own agenda, the recommendation is that the Council relieve the Ad-Hoc Committee of their charge to hold the CRAC to the Council approved work plan. The Ad-Hoc Committee will continue to provide oversight and receive recommendations from the CRAC as they complete their work, but the CRAC will have the flexibility to adjust their work plan.
DISCUSSION
Background
On June 11, 2013, the City Council established by resolution the Council Charter Review Ad-Hoc Committee (Ad-Hoc Committee) and the Charter Review Advisory Commission (CRAC) for the purpose of advising the Council regarding amendments to the City Charter. This action was preceded by a May Study Session during which the Council was presented with a set of joint recommendations from the City Manager and City Attorney regarding the manner in which the Council could undertake a process for developing, considering, and potentially placing before the City electorate amendments to the City Charter.
The June 11 resolution of the Council outlined the role of the Ad-Hoc Committee and defined the scope of work for the CRAC (Attachment A and Attachment B). Through the resolution, the Council tasked the Ad-Hoc Committee with managing the process on behalf of the Council and providing the specific scope of work, concrete deliverables, and schedule to the CRAC for carrying out their advisory role. In particular, the Council identified specific sections of the City Charter, organized into three phases or blocks, for review based on strategic prioritization of Charter language that has proved to be ambiguous or problematic. The scope of work was limited to these sections with the intent to move forward in a timely manner such that the amendments would coincide with upcoming ballots.
Appointments to the CRAC were completed in July and the Commission began meeting in August. Following six months of staff forwarding topics from the Council approved work plan to the CRAC for consideration, the first block designated for review has been completed. One issue that has impacted the schedule for completing the first block of topics has been the desire of the CRAC to take up additional issues that were not included in the scope of work outlined by Council. During the July 24 and November 20 meetings of the Ad-Hoc Committee, members of the CRAC provided their rationale for taking up additional topics. In these meetings, the Ad-Hoc Committee publicly recognized the importance of providing flexibility to the CRAC and the value of an open and transparent citizen advisory process. The Ad-Hoc Committee also recognized the need to balance this flexibility with continued focus on the Council approved work plan. Based on the key factors of limited staffing resources and tight timeframes for preparing charter amendments for the ballot, the Ad-Hoc Committee entertained and approved a motion on November 20 to recommend that the full Council consider significant changes to the CRAC in an effort to move forward charter recommendations in a manner consistent with the Council approved work plan.
Present Situation
Subsequent to the November 20 meeting the Chair of the Ad-Hoc Committee met with several members of the CRAC. The Chair then proposed a compromise based on their collective feedback which was adopted by the Ad-Hoc Committee at their January 29 meeting with a recommendation to forward the proposal to the full Council. This alternative approach offers multiple considerations. First, it is designed to preserve the valuable work already completed by the CRAC. The Ad-Hoc Committee recognizes the personal sacrifice of CRAC members devoting their time and applauds their commitment and dedication to improving our community. Second, the recommendation provides the CRAC with the flexibility that they have requested to take up additional charter sections not included in the Council approved work plan. Third, the recommendation reaffirms and maintains the strategic focus adopted by the Council and the importance of addressing priority charter amendments. And fourth, the recommendation stewards scarce staff resources. This alternative approach balances these different considerations and provides a pathway to move forward with the charter review process.
The Ad-Hoc Committee recommends that the CRAC continue to move forward with the charter review process as currently constituted. There is no recommended change in CRAC membership. This avoids delay in continuing the work of the commission and recognizes the individual and collective efforts of its members. It is also recommended that the CRAC be granted the flexibility to take up charter sections that are not in the Council approved work plan based on expectations and limitations established by Council. This recommendation reaffirms to the CRAC the strategic prioritization of charter issues established in the approved work plan. This recommendation also reaffirms the importance of adhering to the "Principles for Charter Review" unanimously adopted by Council. The Ad-Hoc Committee recommends that priority charter amendments (those within the Council approved work plan) that are prepared in time be submitted for the ballot and additional amendments be considered for future ballots. This includes a recommendation to forward the completed first block of recommendations to the full Council for consideration for the November 2014 ballot.
In addition, the Ad-Hoc Committee also recommends that the Council establish the expectation that staff resources will not be increased due to the CRAC taking up additional charter sections. The Council is well aware of the numerous competing priorities for staff. The Council approved work plan was developed and adopted in consideration of limited staff resources. Staff anticipated a 12-18 month project to support the CRAC, bringing forward staff reports addressing the Council approved work plan on a monthly basis. The City does not have the resources available to commit staff to a labor-intensive, open-ended project with an indefinite timeline. Committing additional staff resources for new charter review items would displace staff from other priority projects. As such, it is recommended that staff continue to provide the research, analysis and presentations for items on the Council approved work plan. The CRAC has the ability to take up additional charter sections, but staff research and analysis will be subject to authorization from their respective appointed official. Staff will be available to attend CRAC meetings to discuss additional topics that the CRAC chooses to take up. However, if additional staff attendance and presentations become burdensome, the appointed officers reserve the right to authorize attendance based on the availability of resources.
However, the Ad-Hoc Committee recognizes that the CRAC would benefit from staff participation in discussions on topics outside of the Council approved work plan. As such, it is recommended that the CRAC have the ability to propose alternatives in providing staff support to their commission that would not increase the staff resources already committed to this project. It is important to note that such a proposal would be subject to review and agreement from staff.
The final recommendation of this proposal is to relieve the Ad-Hoc Committee of the Council directive to provide oversight of the CRAC in carrying out the Council approved work plan, given that the CRAC will determine its own agenda. The Ad-Hoc Committee will continue to receive recommendations and reports from the CRAC as they complete their review of items in the Council approved work plan as well as any recommendations for charter amendments resulting from their review of additional topics.
In summary, it remains true that Stockton's City Charter is problematic and that critical updates are needed. However, the urgency for this project must be balanced by existing staff resources and the desire of the CRAC to conduct an open and thorough review. It is understandable that for a topic with such importance and such high expectations that the interested parties would be passionate about their respective roles. The desired outcome continues to be a Charter review process that will produce well-reasoned recommendations for Charter revision that will meet the needs of the City Council and ultimately the citizens of Stockton. This alternative recommendation from the Ad-hoc Committee represents a balanced approach for moving forward with the charter review process in a timely manner.
FINANCIAL SUMMARY
The financial impacts for this action continue to be limited to the staff time required to conduct research, forward recommendations and provide support to the Ad-Hoc Committee and CRAC. However, it is important to note that staff time to support this effort will also continue to compete with other priorities and should not be underestimated.
Attachment A - Resolution 2013-06-11-1502-01
Attachment B - Resolution 2013-06-11-1502-02