File #: 18-0988    Version: 1
Type: Agenda Item Status: Time Allocation
File created: 6/15/2018 In control: Board of Supervisors
On agenda: 6/26/2018 Final action: 6/26/2018
Title: Chief Administrative Office and County Counsel recommending the Board consider and provide direction to staff on six County Charter sections identified for possible amendment by ballot measure. (Est. 1 Hr.) FUNDING: General Fund
Attachments: 1. A - 2018 - Staff Analysis of Committee Recommendations 3.20.18 reviewed, 2. Public Comment Rcvd 6-26-18, 3. Public Comment Rcvd 6-25-18
Related files: 18-0143, 19-1047, 18-1040

Title

Chief Administrative Office and County Counsel recommending the Board consider and provide direction to staff on six County Charter sections identified for possible amendment by ballot measure. (Est. 1 Hr.)

 

FUNDING:  General Fund

Body

DEPARTMENT RECOMMENDATION

Chief Administrative Office and County Counsel recommending the Board consider and provide direction to staff on six County Charter sections identified for possible amendment by ballot measure.

 

DISCUSSION / BACKGROUND

One of the reports issued by the 2015-16 Grand Jury was titled “21st Century County Charter.”  In that report, the Grand Jury made several recommendations for amendments to the County Charter, and recommended that the Board of Supervisors place the recommended amendments on the ballot for voters to consider/approve.  In the discussion of the Board's response to that Grand Jury report, it was decided that the Board would not place any recommended Charter Amendments on a ballot, and would instead defer the consideration of those recommendations to a Charter Review Committee.  The Charter Review Committee would then make recommendations to the Board.

 

The 2017-18 Charter Review Committee held 10 meetings between June 26, 2017, and January 8, 2018, and issued recommendations and responses on 15 subject areas of the Charter, including the nine Findings from the Grand Jury as well as six additional areas/items. A summary of the activities of the Charter Review Committee, prepared by the Chair of the Committee, is attached to this item for reference.  Additionally, the corresponding agenda files as considered by the Committee are related to this Legistar file. 

 

At the February 6, 2018 Regular meeting of the Board of Supervisors, the Charter Review Committee presented their recommendations for Charter revisions, which would go to the voters for decision, for discussion with the Board (Legistar Item 18-0143, February 6, 2018).  At the conclusion of the February 6, 2018 item, the Board directed that the Chief Administrative Office and County Counsel prepare a summary report addressing six possible amendments to the Charter.  Specifically, the Board requested a review of the six identified Charter sections, including a comparison to what other jurisdictions may have in their charter, and the pros and cons of each recommendation.

 

The two offices initially divided the six subject areas.  County Counsel primarily focused on:

                     Board of Supervisors Compensation (Section 204)

                     Chief Administrative Officer’s Duties (Section 304)

                     CAO vs. CEO Organization Model (Section 210/301)

The Chief Administrative Office focused on the subject areas of:

                     Term Limits - Board of Supervisors (Section 202)

                     Elected Officials - Constitutional Only (Section 402)

                     Board Determination of Additional At Will Classifications (Section 502.1)

 

At the conclusion of the research, the offices combined the information into a comprehensive summary report, which is attached to this item. The report provides background information on each subject area, and identifies options for the Board to consider where available and appropriate.  Staff is not making any specific recommendation for Board action with this report.

 

ALTERNATIVES

The Board may choose to accept all, some or none of the staff recommendations regarding the six identified amendments to the Charter. The Board may also choose to provide direction to staff regarding the placement of ballot language on the November 2018 election ballot, or consider placement on a later year’s ballot. 

 

OTHER DEPARTMENT / AGENCY INVOLVEMENT

Chief Administrative Office and County Counsel

 

FINANCIAL IMPACT

There is no direct financial impact related to this item.  There will be a cost to the County should the Board direct staff to proceed with placing language on the ballot to amend sections of the County Charter.

 

As reported when the Board considered placing language on a ballot regarding a Transient Occupancy Tax rate increase, the cost of placing a measure on the ballot for a Special Election is $130,000.  However, placing the measure on the upcoming November election would be significantly less as the cost associated with the measure will be “shared” by the other items placed on the ballot including County and State propositions and special district elections. The Elections Department cannot provide a specific cost estimate until all ballot requests have been submitted; an estimate of the County’s share of placing a Charter Amendment measure on the ballot would be available at the close of the filing period in mid-August. It should be noted that each amended section will be a separate question for the voters, and there will be a cost for each question placed on the ballot.

 

CLERK OF THE BOARD FOLLOW UP ACTIONS

None at this time.

 

STRATEGIC PLAN COMPONENT

Good Governance

 

CONTACT

Don Ashton, Chief Administrative Officer

Shawne Corley, Assistant Chief Administrative Officer