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ARGUMENT DELETING ARTICLE IV THE CITY COUNCIL SECTION 411 CITY OFFICES
recommendation
Consider recommendation of the Charter Review Advisory Commission (CRAC) to delete Section 411 from the Charter and forwarding to the full Council for approval to place on the November 2016 General Election ballot.
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Charter Review Advisory Commission Recommendation
The Charter Review Advisory Commission recommends deleting Section 411 from the Charter. This current language and the CRAC’s argument for removing this section is found in Attachment A. Section 411 gives City Council authority to establish City departments in addition to those created by the Charter and authorizes the ability to prescribe the functions, powers and duties of all departments. After discussion and consideration, the CRAC agreed this section should be removed from the Charter.
The main argument for removal of this section is that it is in conflict with various sections of the Charter. Section 411 is in conflict with Section 408, which states that “neither the Council nor any of its members nor the Mayor shall interfere with the execution by the City Manger of his or her powers and duties.” In allowing the language to remain it causes confusion because it provides City Council the ability to create a City department.
It is also in conflict with Section 1202, which states that “the City Manager shall direct and supervise the administration of all departments, offices and agencies of the City.” Removing the section will provide more clarity on roles and responsibilities of the Council and the City Manager.
Staff Recommendation
Staff support the deletion of Section 411 as recommended by the Charter Review Advisory Commission. Staff agrees this language is overly prescriptive and is in conflict Section 408 and 1202 which speaks to the power and duties of the City Manager.
Attachment A - Section 411 Current Language and Argument in Favor of Deleting Section