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RECEIVE RECOMMENDATION OF PROPOSED CHARTER AMENDMENT LANGUAGE AND HOLD PUBLIC HEARING TO SOLICIT COMMUNITY FEEDBACK REGARDING CHARTER ARTICLES XI AND XI-A RELATED TO THE PUBLIC INFORMATION OFFICE
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RECOMMENDATION
Staff recommends that the City Council receive the proposed Charter amendment language for Articles XI and XI-A regarding the Public Information Office and hold the first Public Hearing to solicit community feedback related to these recommendations.
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Summary
The City Council created the Charter Review Advisory Commission (“the Commission”) and the Ad-Hoc Charter Review Committee (“Ad Hoc”) to advise the City Council regarding potential amendments to the City Charter. In accordance with City Council direction, Staff first presented information regarding Charter Articles XI and XI-A related to the Public Information Office to the Charter Review Advisory Commission for review and potential recommendations to this Committee.
At its January 24, 2024, meeting, the Commission voted to recommend a charter revision to allow public information offices in both the City Manager and Mayor’s Office, clean up job descriptions consistent with the change, clearly define job duties by differentiating between the two positions, consider different job titles for each position, and clarifying information access by the Mayor’s Public Information Officer.
This report was presented to the Ad-Hoc for discussion and potential recommendation to the City Council on January 31, 2024. The Committee voted to forward for City Council consideration a recommendation to assign the Public Information Office to the City Manager and to allow a Mayoral Public Information Officer. The recommendation included that the Mayoral Public Information Officer would be allowed access to information necessary to fulfill their role in a reasonable time and manner, as coordinated through the City Manager’s Office, with the exception for extenuating circumstances where access cannot be afforded.
DISCUSSION
Background
On October 24, 2023, the City Council created the Charter Review Advisory Commission and Ad-Hoc Charter Review Committee via resolution 2023-10-24-1502. The City Council first tasked these bodies with the review of Charter Articles XI and XI-A regarding the Public Information Office (Attachments A and B, respectively).
Measure U
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 measure on the ballot for the March special election, which included, in pertinent part, “giving the Mayor the authority to direct the City's Public Information Office” (Attachment C).
The results of the election were declared on April 11, 2000, via Resolution 00-0122. Measure U, “Mayor Redefined,” was approved by Stockton voters 56.4% Yes to 43.6% No (Attachment D). Following its adoption, Charter Article XI-A and the language regarding the Public Information Office authority have remained unchanged.
In particular, Charter Section 1151 provides:
“The Public Information Office shall be administered by a Public Information Officer appointed by the Mayor who shall serve at his or her pleasure. The Public Information Officer shall be under the direction and supervision of the Mayor.”
Notwithstanding Measure U, the Mayor’s Office has utilized its own public information officer only to disseminate mayoral information but has not controlled or directed the Public Information Office for the City more generally. The City Manager’s Office has maintained the primary role of disseminating information to the public and media.
Charter Review Advisory Commission and Ad-Hoc Committee
The Charter Review Advisory Commission met on November 16, 2023, January 4, 2024, and January 24, 2024, to receive information regarding the Charter Articles XI and XI-A and the Public Information Office. The City Council Charter Review Ad-Hoc Committee then met on January 31, 2024. The Committee received and reviewed the same information as well as the recommendation from the Charter Review Advisory Commission.
The information received by the Commission and Ad-Hoc Committee has been outlined in more detail below.
Public Information Officer Job Specifications
The Commission requested information regarding the job specifications for the Mayor’s Public Information Officer (Public Information Officer II), the Community Relations Officer, and other roles in the City with the “Public Information Officer” title (Public Information Officer I). The Commission further requested historical information for these roles, including revisions to the duties following the passage of Measure U. This information was provided to the Commission and the Council Ad-Hoc Committee and has been included as Attachment E to this report.
Any changes to job specifications needed to reflect amendments to the Charter can be made administratively following the adoption of such amendments. In its discussion, the Council Ad-Hoc Committee suggested that, if the amendments are approved, the full Council set timeframes for those administrative revisions after the election.
Public Opinion of the Office of the City Attorney
The Charter Review Advisory Commission requested a legal opinion from the City Attorney’s Office regarding conflicts between Charter Articles XI and XI-A and the City’s job specifications. This opinion was provided to the Commission and the Council Ad-Hoc Committee and has been included as Attachment F.
Moss Adams Report
The City Auditor, Moss Adams, gathered information regarding the practices of five similar cities in California to compare the City of Stockton’s Charter language and practices and to evaluate alignment with industry best practices.
The following cities were selected based on their similar population size and form of government.
The Moss Adams Report included as Attachment G was presented for consideration by both the Commission and the Council Ad Hoc Committee.
Present Situation
At its January 24, 2024, meeting, the Charter Review Advisory Commission via Motion 2024-01-24-0301 voted five-to-one (Commissioner Dailey dissenting and Commissioner Prost absent) to recommend a charter revision to allow public information offices in both the City Manager and Mayor’s Office, clean up job descriptions consistent with the change, clearly define job duties by differentiating between the two positions, consider different job titles for each position, and clarifying information access by the Mayor’s Public Information Officer.
At its January 31, 2024, meeting, the Ad-Hoc via Motion 2024-01-31-0301 voted unanimously to recommend City Council consider a ballot measure amending Charter Articles XI and XI-A to assign the Public Information Office to the City Manager and to allow a Mayoral Public Information Officer. The recommendation included that the Mayoral Public Information Officer would be allowed access to information necessary to fulfill their role in a reasonable and timely manner, as coordinated through the City Manager Office, with the exception for extenuating circumstances where access cannot be afforded. The proposed Charter amendments have been included as Attachment H to this report.
In accordance with California Government Code 34458, the City Council may, on its own motion, propose an amendment to the Charter. To do so, the Council must hold two public hearings with appropriate notice. This is the first public hearing under this process.
Accordingly, the City Council is asked to review the proposed Charter amendments and hear community feedback related to these recommendations.
Following this hearing, a second public hearing will be held at least 30 days after the first public hearing. Any changes or direction received will be incorporated into the report for the second hearing. During the second hearing, the Council will again have the opportunity to hear comments, provide feedback, and make changes to the proposed amendments.
21 days following the second public hearing, the Council will receive the item again for a final vote on whether to approve submission of the proposed amendments to the voters.
Notice
Pursuant to California Government Code section 34458(b) notice of this Public Hearing must be posted in three public places within the jurisdiction at least 21 calendar days prior to the date of the hearing. This notice was posted in three public locations on April 11, 2024 and published in The Record on April 17, 2024.
Financial Summary
There is no fiscal impact to the City. Should Council decide at the third and final public hearing to place the measure on the ballot, the San Joaquin County Registrar of Voters has provided an estimated cost of $50,000 to $80,0000.
Attachment A - Charter Article XI
Attachment B - Charter Article XI-A
Attachment C - Council Resolution 99-0545, Charter Amendment
Attachment D - Council Resolution 00-0122, Declaration of Vote
Attachment E - Job Specifications
Attachment F - Office of the City Attorney, Public Opinion Re Articles XI and XI-A
Attachment G - Moss Adams Report
Attachment H - Proposed Charter Amendment (redline)