presents
Voter’s Edge California
Conozca la información antes de votar.
Presentado por
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League of Women Voters of California Education Fund
KPBS Voters Guide@KPBSNews
November 8, 2016 — Elección General de California
Local

City of Culver City
Measure CA - Majority Approval Required

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Resultados electorales

No se aprueba

5,958 votos si (35.35%)

10,898 votos no (64.65%)

100% de distritos activos (25/25).

Reporting Responsibilities
— undefined

Shall Section 607 and Section 700 of the Charter of the City of Culver City be amended to change the appointing authority and the reporting responsibilities of the Fire Chief and Police Chief from the City Council to the City Manager?

¿Qué es esta propuesta?

Pros y Contras — Explicación objetiva con argumentos a favor y en contra

Fuente: PROJim Clarke, Mayor; Jeff Cooper, VM, Goran Eriksson, Cncl,CON Meghan Sahli-Wells, Thomas Small-Council, Kelly Kent Sch

Sus partidarios dicen

ARGUMENT IN FAVOR OF MEASURE CA

Measure CA would change the appointing authority of the Fire Chief and Police Chief from the part-time City Council to the full-time City Manager, where that authority should reside.

Councilmembers are elected to make policy and set direction for our City,  while the City Manager’s full-time job is to implement those policies. Councilmembers dedicate hundreds of hours to serving our City, but their job is not to “run the city.” They often have full-time jobs outside of their Council service and are not trained in public administration. That is why we have professional, full-time staff -- experts in their respective fields – who handle the day-to-day operation of our City.

Policymaking and oversight will always remain with the City Council, and the City Manager will continue to serve at its pleasure. But today, the City Manager possesses the authority to appoint and remove every department head reporting to him except the Police and Fire Chiefs. Though both Chiefs are encouraged to cooperate with the City Manager, the City Manager lacks the authority to compel their cooperation should it prove elusive.

Both the current Police Chief and Fire Chief support the proposed charter amendment. Especially in emergency situations, a clear chain of command through the City Manager is critical. But today, even under the best of conditions, the Chiefs must deal with taking direction, at times conflicting, from five independently elected bosses – not the most effective way to conduct business.

There is no reason to treat the Chiefs differently from other department heads in regard to the City Manager’s authority to appoint and remove them. This change to the city charter will codify existing good practices, ensure a cooperative working environment going forward and better serve the residents of Culver City.

 

 

Sus oponentes dicen

 

 

Charter Amendment CA adds an unnecessary layer of bureaucracy between the people of Culver City and our first responders.

 

Under the current charter, the democratically elected City Council has ultimate authority over the Police and Fire Chiefs. So, if the community has a problem with the police or fire department, we can go directly to our elected leaders and ask them to fix it. If City Council ignores our concerns, we can vote them out.

 

Charter Amendment CA would destroy that accountability by giving absolute power over the hiring, firing, and compensation of the Police and Fire Chiefs to a single unelected executive—the City Manager.

 

History proves that our current charter works. In 1998, a local newspaper reported serious problems with our police department. According to the article, our police were routinely targeting people of color in traffic stops and the department’s practice of hogtying suspects had caused two deaths. The community demanded change, and our elected leaders prodded the department to improve. That process led directly to today’s proactive and professional force. According to a recent survey, 84% of Culver City residents believe that our police department is “good” or “excellent.” Similarly, under the stewardship of our City Council, our fire department has avoided the nepotism scandals that have plagued other local fire departments.

 

Communities should directly control the institutions that are meant to serve us.

 

Recent events have shown that the partnership between the people and our police and fire departments is more important than ever. This is not the time for less democracy. Our citizens deserve to have a say in the oversight of our most trusted public servants.

 

Vote NO on Charter Amendment CA.

 

 

 

 

 

  

 

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Análisis del analista legislativo / Proposal

Carol A. Schwab, City Attorney

CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE CA

The Culver City City Council has placed Measure CA on the ballot, which would amend Culver City Charter Sections 607 and 700 to change the appointing authority and reporting responsibilities of the Fire Chief and Police Chief from the City Council to the City Manager.

Existing law, as set forth in Charter Section 607 “Powers of the City Council,” gives the City Council the power to appoint, suspend and remove the City Manager, Fire Chief, Police Chief and City Attorney, by a vote of at least three City Council Members. The proposed Measure CA, if adopted by the voters, would amend Section 607 to delete the Fire Chief and Police Chief from the listed positions that are appointed, suspended or removed by the City Council. The City Council would still appoint the City Manager and City Attorney.

Existing law, as set forth in Charter Section 700 “Powers and Duties of City Manager,” gives the City Manager the power to appoint, suspend and remove all City employees, including all Department Heads, the City Clerk and the City Treasurer, except the City Attorney, Fire Chief and Police Chief, as those positions are currently appointed by the City Council under Section 607. Section 700 further provides the City Manager with the authority to direct and supervise the administration of all City departments, except as otherwise provided by the Charter. Since Charter Section 607 gives the City Council authority over the Fire Chief and the Police Chief, the City Manager does not currently have the same authority regarding administration of the Fire and Police Departments.

The proposed Measure CA, if adopted by the voters, would amend Section 700 to add the Fire Chief and Police Chief to the listed positions that are appointed, suspended or removed by the City Manager. In addition, the administration of the Fire and Police Departments would be directed and supervised by the City Manager.

To be adopted, State law requires that this Measure be approved by a simple majority of the voters. A “Yes” vote on Measure CA would mean, after the effective date of this Charter amendment: (1) any individual currently holding the position of Fire Chief and Police Chief would immediately act under the direction and supervision of the City Manager; (2) any individual currently holding the position of Fire Chief and Police Chief could be suspended or removed by the City Manager; and (3) any individual assuming the position of Fire Chief or Police Chief would be appointed by the City Manager. A “No” vote 

 would mean the Fire Chief and Police Chief will continue to be appointed, suspended or removed by and report to the City Council.

Dated: August 12, 2016

CAROL A. SCHWAB

City Attorney

City of Culver City

 

 

 

 

Th

Published Arguments — Arguments for and against the ballot measure

Leer la legislación propuesta

Legislación propuesta

 PROPOSED CHARTER AMENDMENT - MEASURE CA

Shall Section 607 and Section 700 of the Charter of the City of Culver City be amended to change the appointing authority and the reporting responsibilities of the Fire Chief and Police Chief from the City Council to the City Manager, as follows (deletions indicated by strikethrough text; additions indicated by underlined text):

SECTION 607. POWERS OF THE CITY COUNCIL.

All powers of the City shall be vested in the City Council, subject to the provisions of this Charter and the Constitution. The City Council shall have the power to:

(a) Appoint, suspend, remove and fix the compensation of the City Manager, Fire Chief, Police Chief and City Attorney, by a vote of at least three of its members;

(b) Create, modify or abolish any City department, and to prescribe the powers and duties of such departments and their Department Heads;

(c) Review and certify the results of all City elections;

(d) Control all legal business and proceedings, including, but not limited to, the authority to employ other attorneys to take charge of any litigation or other legal matters or to assist the City Attorney in connection with any legal matter, which authority, in whole or in part, may be delegated to the City Attorney; and

(e) Compel the attendance of witnesses, examine them under oath, and compel the production of evidence before it. The City Council may cause subpoenas to be issued in the name of the City and be attested to by the City Clerk. Disobedience of such subpoenas, or the refusal to testify, upon other than constitutional grounds, shall constitute a misdemeanor. Council Members, and any City staff members designated by the City Council, shall have the power to administer oaths in any investigation or proceeding before it.

Additionally, the City Council shall have all other powers consistent with this Charter and the Constitution.

SECTION 700. POWERS AND DUTIES OF CITY MANAGER.

The City Council shall appoint the City Manager who shall be the chief executive officer of the City, responsible to the City Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter, by ordinance, resolution or other action of the City Council. The City Manager, or his or her designee, shall:

(a) Appoint, suspend and remove all City employees, including Department Heads, the City Clerk, and the City Treasurer, the Fire Chief, and Police Chief, except as otherwise provided by State law or this Charter;

(Continued on next page)

PROPOSED CHARTER AMENDMENT - MEASURE CA (Continued)

(b) Direct and supervise the administration of all City departments, except as otherwise provided by this Charter;

(c) Attend all City Council meetings, at which the City Manager shall have the right to take part in discussion, but shall not vote;

(d) Prepare and submit to the City Council an annual budget pursuant to this Charter, and implement the final budget approved by the City Council; and

 

(e) Perform such other duties as are specified in this Charter, or by ordinance, resolution or other action of the City Council.

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