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DISCUSSION AND DIRECTION REGARDING THE PLACEMENT OF A CHARTER AMENDMENT FOR ARTICLES XI AND XI-A, ON THE NOVEMBER 5, 2024, GENERAL ELECTION BALLOT
recommended action
RECOMMENDATION
Staff recommends that the City Council consider, discuss, and provide direction via motion on whether to draft an amendment to the Charter, granting authority over the City’s Public Information Office to the City Manager, for submission to the voters on the November 5, 2024, election ballot.
If Council directs staff to draft the amendment and move forward with the process for submission to the voters, there will be two required public hearings and a final meeting at which Council will adopt a resolution to place the Charter Amendment on the 2024 election ballot.
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Summary
At the June 13, 2023, Council meeting, during Council Comments, Councilmember Blower raised the issue of charter authority over the City’s Public Information Office (PIO). Specifically, he noted that the current version of Charter Article XI-A, despite being in place since 2000, had never been implemented.
At the end of his comment, he asked that the matter be agendized for Council discussion and called for concurrence. Councilmember Wright provided concurrence consistent with Council Policy 4.02.010(6). The direction to staff was to agendize a discussion regarding the potential amendment of Charter Article XI-A, to align the Charter language with current practice.
If a majority of Council votes to amend the Charter, this matter will be brought back at future Council meetings for consideration and adoption, consistent with applicable law.
DISCUSSION
Background
City of Stockton Charter Article XI-A, Public Information Office, was incorporated into the Charter via the March 7, 2000, special election. Specifically, the provision was included in “Measure U.” On November 23, 1999, the City Council via Resolution 99-0545 directed the City Clerk to place the following on the ballot for the March special election:
“Approval of City of Stockton Charter Amendments relating to redefining the role and responsibilities of the position of Mayor of the City of Stockton, effective January 1, 2001” (Attachment A).
One of the questions posed to voters was redefining the role and responsibilities of the position of Mayor of the City of Stockton as it relates to the Council/ Manager form of government by giving the Mayor the authority to direct the City's Public Information Office. The results of the election were declared on April 11, 2000, via Resolution 00-0122 (Attachment B). Measure U, “Mayor Redefined,” was approved by Stockton voters 56.4% Yes to 43.6% No. Following its adoption, the Charter Articles addressed by Measure U were revised several times, but the PIO authority remained consistent.
Notwithstanding the Measure U changes from 2000, the City Manager’s office has consistently retained oversight and direction over the City’s PIO. Separately, the Mayor’s Office has utilized its own public information officer to disseminate mayoral information.
As mentioned above, Councilmember Blower raised this issue in his Council Comments during the June 13, 2023, Council Meeting. Specifically, he noted the inconsistency between existing practice and the Charter language. Following his comments, he asked for the matter to be agendized for Council discussion and received concurrence from Councilmember Wright.
Present Situation
Article XI, Section 3 of the California Constitution governs both Charter Adoption and Amendment and states that the same process is to be used for either adoption or amendment. Accordingly, amendment of the Charter requires approval by a majority of voters.
The California legislature adopted additional statutes to address the specific procedures. California Government Code section 34458 provides the following process:
• Council may, on its own motion, propose an amendment to the Charter.
• An amendment may only be submitted for voter approval at the next established statewide general election, which is November 5, 2024.
• Prior to placing the charter amendment on the ballot, the Council must hold 2 public hearings with appropriate notice.
• A separate meeting is required after both public hearings have taken place to adopt a resolution placing the measure on the ballot.
To align the Charter language with existing practice, including the utilization of the Mayor’s separate public information officer, Council would need to amend Charter Articles XI and XI-A. As shown in Attachment C, Proposed Redline Amendments to the Charter Articles, the amendments will correct internal references, preserve the Office of the Mayor’s ability to utilize its own public information officer, and align Charter language with existing practice by transferring authority over the City’s PIO to the City Manager.
If the Council votes to amend these Charter Articles, state law requires two public hearings with appropriate notice. Following the conclusion of the last public hearing, but no sooner than 21 days after, the Council will hold a final meeting to adopt a resolution to submit the measure for placement on the November 2024 ballot.
FINANCIAL SUMMARY
There is no financial impact to the City of Stockton if Council votes to amend these Charter Articles, as the change will align Charter language with existing practice, which is already incorporated into the City’s budget.
Attachment A- Resolution 99-0545
Attachment B- Resolution 00-0122
Attachment C- Proposed Redline Amendments to the Charter Articles