Agenda - Council - 06/08/2010 - Laserfiche WebLink

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CASE # ~. D~ CONSIDER CHARTER COMMISSION RECOMMENDATION REGARDING COUNCIL-MANAGER PLAN/MAYOR-COUNCIL PLAN OF GOVERNMENT By: William K. Goodrich, City Attorney - Background: This matter was previously discussed at the City Council work session on June 1, 2010. Council will recall that on March 23, 2010 an ordinance was adopted for the purpose of proposing a referendum question to amend the Charter by retaining the Mayor-Council Plan of City Government as opposed to the Council-Manager Plan of Government scheduled to go into effect on January 1, 2011. As required by State statute, the Charter Commission is required to review the proposed amendment and shall approve, reject, or suggest a substitute amendment. The Charter Commission met on May 5, 2010 for this purpose. The Charter Commission has rejected the City Council's proposal but has recommended what may be considered a compromise proposal. The Charter Commissions' proposal is to not amend the Charter and let the Council-Manager Plan go into effect as scheduled on January 1, 2011, but to amend the Charter to leave the authority to appoint and remove department heads with the City Council. Such an amendment could be made pursuant to the State statute provision which allows a Charter amendment upon recommendation of the Charter Commission and unanimous approval of the City Council. The Council now is being asked to consider the Charter Commission's proposal. If you accept the proposal, you should direct staff to prepare a new ordinance amending the Charter such that the City Council retains the authority to appoint and remove department heads. This, of course, will require unanimous City Council approval. If you reject the Charter Commissions' proposal, then we will need to proceed with final adoption (publication) of your March 23, 2010 ordinance and prepare for the referendum. That action will require development of the actual referendum ballot question prior to August 1, 2010 in order to get the question on the ballot for the November 2, 2010 general election. The Charter Commission has expressed an interest to have a joint meeting with the Council to formulate the ballot question if that is necessary. Such a meeting should be scheduled quickly in order to meet the above referenced time schedules. Enclosures: March 23, 2010 Ordinance to Amend Charter May 5, 2010 Charter Commission minutes Recommendation: Based on the June 1, 2010 work session direction, acknowledge receipt of the Charter Commission's action, and proceed with developing the ballot question by discussing the item at a future work session at which work session the Charter Commission member will be invited to participate.