REPORT TO CHARTER REVIEW COMMITTEE
SUBJECT
Title
Presentation on the Roles and Responsibilities of the 2023 Charter Review Committee
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On July 18, 2023, the City Council approved the creation of a Charter Review Committee (“Committee”) in order to make a recommendation to the City Council on what, if any, changes should be made to the Charter provisions providing for an elected Chief of Police and/or an elected City Clerk.
In order to properly and efficiently conduct its work, it is essential that the Committee understand the legal framework in which it must operate as well as the role and responsibilities that the City Council has assigned the Committee.
The purpose of this item will be to hear a presentation from staff on these issues.
DISCUSSION
Legal Framework
As an official advisory body created by the City Council, the Committee is subject to the Brown Act which is intended to ensure that public commissions, boards, councils, and other local public agencies conduct their deliberations and take action in open meetings. As a result of the Brown Act, there are specific requirements on how and when agendas for CRC meetings must be posted; how the CRC may deliberate on issues as well as how members of the CRC can communicate during public meetings and amongst themselves outside of public meetings.
The Committee will also be subject to the Public Records Act (PRA). The Public Records Act is a law that requires government agencies to disclose public records upon request unless exempted by law. The law is intended to provide the public with access to information on governmental affairs and applies to both written and electronic information.
At the Committee’s kick-off meeting on August 10, a representative of the City Attorney’s office will provide a more in-depth training on the legal framework and responsibilities of the Charter Review Committee.
Scope of Work
On July 18, 2023, the City Council appointed a 7-member Charter Review Committee for the purpose of evaluating whether the currently elected positions of Police Chief and City Clerk should remain elected or whether a charter amendment to change the positions from elected to appointed should be placed on a future ballot for voter consideration.
In taking this action, the Council also provided direction that the Charter Review Committee should solicit public input on these issues and review best practice information to develop a set of recommendations for presentation to the City Council in November 2023. These recommendations should include, but are not be limited to, answers to the following questions:
1. Should the Police Chief be elected by the voters or be an appointed position? If the position is to remain an elected position, should the qualifications and/or requirements set forth in the Charter for the position be modified? If the position were to be changed to an appointed position, should the position be appointed by the City Council or the City Manager?
2. Should the City Clerk be elected by the voters or be an appointed position? If the position is to remain an elected position, should the qualifications and/or requirements for the position be modified? If the position were to be changed to an appointed position, should the position be appointed by the City Council or the City Manager?
The recommendations of the Committee are scheduled to be presented to the City Council no later than November 7, 2023. This timeline is needed in order to ensure that the City Council can take action on November 14, 2023 to call for a March 2024 election should the Committee decide to recommend changes to the City Charter.
During the presentation of this item, staff will provide an overview of the direction from the City Council as well as historical background information related to prior ballot measures on the topics of Santa Clara Police Chief and City Clerk.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA guidelines section 15478(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
There is no fiscal impact other than staff time.
COORDINATION
This report has been coordinated with the City Manager’s office, the City Clerk’s office, and the City Attorney.
PUBLIC CONTACT
Public contact was made by posting the Charter Review Committee agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
It is recommended that the Committee note and file the presentation.
Staff
Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Jōvan Grogan, City Manager