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HomeMy WebLinkAboutAtt D - List of Charter SectionsATTACHMENT D EXHIBIT 2 TO RESOLUTION NO. 2012-32 (pending Council approval on 5/22/12) Current Charter's Language Proposed Revision Reason Why Section 103 (Continuance of Present Officers and Employees.) The present officers and Delete entire section. This section is from the employees shall continue without interruption to perform the duties of their respective offices adoption of the original and employments upon the same conditions and for the compensation provided by the Charter and is no longer existing ordinances, resolutions, rules or laws, until the election, or appointment, and applicable. qualification of their successors under this Charter and subject to such removal and control as is provided in this Charter. The terms of office of elective officers whose offices are made appointive under this Charter shall expire upon the appointment of their successors, respectively. Section 105 (Pending Action and Proceedings.) No action or proceeding, civil or criminal, Delete entire section. This section is from the pending at the time when this Charter takes effect, brought by or against the City or any adoption of the original officer, office, department or agency thereof, shall be affected or abated by the adoption of Charter and is no longer this Charter or by anything herein contained, but all such actions or proceedings may be applicable. continued notwithstanding that functions, powers and duties of any officer, office, department or agency party thereto, by or under this Charter, may be assigned or transferred to another officer, department or agency, but in that event the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter. Section 106 (Effective Date of this Charter.) This Charter shall take effect upon its This proposed revision The change reflects the approval by the Legislature. adds language amendment process regarding the process provided in the California to amend the Charter. Constitution. Section 200 (Powers.) The City shall have the power to make and enforce all laws, rules and Minor revision to The revision is intended to regulations in respect to municipal affairs, subject only to such restrictions and limitations as replace the word "and" reflect the intent of the may be provided in this Charter and in the Constitution of the State of California. It shall also with "or" section in relation to the have the power to exercise, or act pursuant to any and all rights, powers, privileges, or limitation on the City's procedures, heretofore or hereafter established, granted or prescribed by any law of the State, authority to act. by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. EXHIBIT 2 TO RESOLUTION NO. 2012-32 Section 402 A (Compensation.) This proposed revision This section is proposed The members of the City Council shall receive no compensation for their services as such. would reflect the to be revised to collapse (As amended by amendments effective on April 23, 1958, April 28, 1966, June 6, 1974, and current monthly existing Section 402 B April 8, 1980.) stipend amount re- and a part from Section ceived by the City 404 into one section that Council/Mayor. re-classifies the "reimbursement" received by Council Members and the Mayor as "compensation" because it is more accurate to call it compensation. Section 402 B (Reimbursement for Expenses.) The members of the City Council shall This section is As explained above, this receive reimbursement on order of the City Council for Council authorized traveling expenses proposed to be section is proposed to be when on official duty. In addition, each member shall receive the sum of four hundred forty- deleted and collapsed removed and included in one dollars and Fifteen Cents ($441.15) per month, adjusted annually in accordance with the into Section 402. Section 402. U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index, or five percent (5%) whichever amount is lesser, as reimbursement for other expenditures imposed upon him in serving as a City Councilmember. Absence of a Councilmember from all regular and special meetings of the Council during any calendar month shall render such Councilmember ineligible to receive such sum for such calendar month. (As amended by amendments effective April 23, 1958, April 28, 1966, June 6, 1974, April 8, 1980, and December 20, 2010) Section 404 (The Mayor. Mayor Pro Tempore.) On the date of any meeting of the City The Mayor stipend is As explained above, the Council at which time the Council receives the certification of the results of any general or proposed to be provision within this special municipal election at which any member of Council is elected, the City Council shall, removed from this section that relates to after swearing and qualifying any newly elected member, elect one of its members as its Section and included Mayoral allowance is presiding officer, who shall have the title of Mayor. The Mayor shall have a voice and vote in in Section 402. proposed to be removed all its proceedings. The Mayor shall have the primary but not exclusive responsibility for and included in Section interpreting the policies, programs and needs of the city government to the people, and, as 402. occasion requires, the Mayor may inform the people of any change in such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. EXHIBIT 2 TO RESOLUTION NO. 2012-32 Section 407 (Regular Meeting.) The City Council shall hold regular meetings at least twice This section is proposed to Sometimes the City each month at such times as it shall fix by ordinance or resolution and may adjourn or re- be simplified by not Council doesn't need to adjourn any regular meeting to a date and hour certain which shall be specified in the order of requiring Council to meet meet twice in one month — adjournment and when so adjourned each adjourned meeting shall be a regular meeting for when it has no need to do like August and all purposes. If the hour to which a meeting is adjourned is not stated in the order of so, and requiringcompliance with the Brown December. Additionally, adjournment such meetings shall be held at the hour for holding regular meetings. If at any Act, rather than listing outduplicative this section is proposed to time any regular meeting falls on a holiday such regular meeting shall be held on the next language on be amended to reflect business day. how compliance will be current practices and achieved. allow for the efficient operation of City government in accordance with State law. Section 408 (Special Meetings.) Special meetings may be called at any time by the Mayor, This section is proposed This section is proposed or by four members of the City Council, by written notice delivered personally to each member to be amended to to be amended to reflect and to each local newspaper of general circulation and to each radio and television station require compliance with current practices and which has made written request at least twenty-four hours before the time specified for the the Brown Act and allow for the efficient proposed meeting. A special meeting may also be validly held without the giving of such remove duplicative operation of City written notice, if required to be held by this Charter or if all members shall give their consent, language explaining government in in writing, to the holding of such meeting and such consent is on file in the office of the City how compliance will be accordance with State Clerk at the time of such meeting. A telegraphic communication from a member consenting to achieved. law. the holding of a meeting shall be considered a consent in writing. At any special meeting only such matters may be acted upon as are referred to in such written notice or consent. (As amended effective June 6, 1974.) Section 409 (Place of Meetings.) All meetings shall be held in the Council Chambers of the This proposed revision This section is proposed City Hall, or in such place to which any such meeting may be adjourned, and shall be open to would expand the to be amended to reflect the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the locations where a City current practices and place designated, the meetings may be held for the duration of the emergency at such place Council meeting may be allow for the efficient as is designated by the Mayor, or, if he should fail to act, by four members of the City Council. held as allowed by the operation of City IN Brown Act. government in accordance with State law. Section 410 (Quorum. Proceedings.) A majority of the members of the City Council shall This section is proposed An electronic recorded constitute a quorum to do business but a less number may adjourn from time to time. In the to be amended to vote should suffice, and is absence of all the members of the Council from any regular meeting or adjourned regular remove a roll call verbal more efficient. meeting, the City Clerk may declare the same adjourned to a stated day and hour. Notice of a vote relating to payment meeting adjourned by less than a quorum or by the Clerk shall be given by the Clerk or may of money. EXHIBIT 2 TO RESOLUTION NO. 2012-32 be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the City Council, but need not specify the matters to be acted upon. The City Council shall judge the qualifications of its members as set forth by the a* Charter. It shall judge all election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of 4k the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. At the demand of any member, and upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and noes taken on such questions to be entered in the minutes of the meeting. Section 412 (Adoption of Ordinances and Resolutions.) With the sole exception of This proposed revision This section is proposed ordinances which take effect upon adoption, referred to in this Article, no ordinance shall be would recognize the to be amended to allow adopted by the City Council on the day of its introduction, nor within five days thereafter nor at City Council's ability to for the efficient operation any time other than at a regular or adjourned regular meeting. At the time of its introduction an introduce and adopt an of City government in ordinance shall become a part of the proceedings of such meeting in the custody of the City ordinance at a regular accordance with State Clerk. At the time of adoption of an ordinance or resolution it shall be read in full, unless after and special meeting. law. the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council members present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes. (As amended by amendments effective on December 20, 2010) EXHIBIT 2 TO RESOLUTION NO. 2012-32 Section 418 (Ordinances. Amendment.) The amendment of any section or sections of an This proposed revision This section is proposed ordinance may be accomplished solely by the reenactment of such section or sections at would allow a single to be amended to length, as amended. section to be amended conserve City resources without requiring an and allow for the efficient entire ordinance to be operation of City restated. government. Section 421 (Contracts. Execution.) The City shall not be bound by any contract, except as This proposed revision This section is proposed hereinafter provided, unless the same shall be made in writing, approved by the City Council would revise language to be amended to provide and signed on behalf of the City by the Mayor and City Clerk or by such other officer or to meet the intent of the greater clarity and to officers as shall be designated by the City Council. Any of said officers shall sign a contract on City's contract execution reflect current practices. behalf of the City when directed to do so by the City Council. By ordinance or resolution the powers by specifically City Council may authorize the City Manager to bind the City, with or without a written referencing employees contract, for the acquisition of equipment, materials, supplies, labor, services or other items designated by the City included within the budget approved by the City Council, and may impose a monetary limit Council. upon such authority. The City Council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the City Service or not fit for the purpose for which intended, and for the conveyance of title thereto. Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. The provisions of this Section shall not apply to the services rendered by any person in the employ of the City at a regular salary. Section 425 (City Hall.) City Hall, and the administrative offices of the City of Newport Beach, This proposed revision The Police HQ is not at and related parking, shall be located on and within the 12.82 acres of real property owned by would clarify that not all City Hall, nor is Lifeguard the City of Newport Beach described as Parcel 3 of Parcel Map No. 90-361 in the City of City administrative Administration. Newport Beach, which is bounded by Avocado Ave. on the west, San Miguel Dr. on the north, functions such as Police and MacArthur Blvd. on the east, and the Newport Beach Central Library on the south. Administration will be (Added by amendment effective March 3, 2008.) located at the new City Hall. Section 503 (Compensation and Bond.) The City Manager shall be paid a salary com- This revision proposes Bonding requirements for mensurate with his or her responsibilities as chief administrative officer of the City, which to remove the City city personnel are not salary shall be established by ordinance or resolution. The City Manager shall furnish a Manager bonding used anymore. corporate surety bond in such form and in such amount as may be determined by the City requirement and allow Council. (As amended by amendments effective on December 20, 2010.) his salary to be established in the same manner as the City Clerk and City Attorney. EXHIBIT 2 TO RESOLUTION NO. 2012-32 Section 504 (Powers and Duties.) The City Manager shall be the head of the administrative This proposed revision This amendment is branch of the City government. He or she shall be responsible to the City Council for the would add the word intended to provide proper administration of all affairs of the City. Without limiting the foregoing general grant of "may" to the sentence consistency in the way powers, responsibilities and duties, the City Manager shall have power and be required to: (a) explaining the City responsibilities are Appoint, and he or she may suspend or remove, subject to the provisions of this Charter, all Manager's provided within the department heads and officers of the City except elective officers and those department responsibilities. Charter. heads and officers the power of whose appointment is vested by the Charter in the City Council, and approve or disapprove all proposed appointments and removals of subordinate employees by officers or department heads. (b) Prepare the budget annually, submit such budget to the City Council and be responsible for its administration after its adoption. (c) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding fiscal year. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him or her desirable. (e) Establish a centralized purchasing system for all City offices, departments and agencies. (f) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the City Council for adoption by it. (g) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced. (h) Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he or she may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his or her jurisdiction. (i) Perform such other duties consistent with this Charter as may be required of him or her by the City Council. (As amended by amendments effective on December 20, 2010.) Section 505 (Meetings.) The City Manager shall be accorded a seat at the City Council table This section is proposed The City Manager doesn't and at all meetings of boards and commissions and shall be entitled to participate in their to be amended to need to "sit at the Council deliberations, but shall not have a vote. remove the City table." Manager's right to a seat at the Council table, while preserving his or her ability to attend meetings of the City Council and the EXHIBIT 2 TO RESOLUTION NO. 2012-32 City's boards, commissions, and committees. Section 507 (Manager Pro Tempore.) The City Manager shall appoint, subject to the This section is proposed Today, when the City approval of the City Council, one of the other officers or department heads of the City to serve to be an amended to Manager is out of town, as Manager Pro Tempore during any temporary absence or disability of the City Manager. If remove the requirement he or she designates an he fails to make such appointment, the City Council may appoint an officer or department that the City Manager Acting City Manager and head to serve as such Manager Pro Tempore. obtain the City Council's informs the Council who approval before that is.. appointing an acting city manager. Section 602 (City Attorney. Powers and Duties.) To become and remain eligible for City This section is proposed This revision is intended Attorney the person appointed shall be an attorney at law duly licensed as such under the to be amended to allow to reflect current laws of the State of California, and shall have been engaged in the practice of law for at least the City Attorney to practices. three years prior to his or her appointment. The City Attorney shall have power and may be attend all meetings of required to: (a) Represent and advise the City Council and all City Officers in all matters of law the City Council and any pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases board, commission, or arising from violation of the provisions of this Charter or City ordinances. He or she shall committee meeting prosecute misdemeanor offenses arising under State law if authorized and directed to do so when requested. by ordinance or resolution adopted by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all actions or proceedings in which any such officer or employee is concerned or is a party for any act arising out of his or her employment or by reason of his or her official capacity. (d) Attend all regular meetings of the City Council and give his or her advice or opinion in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds given to the City, endorsing his or her approval thereon in writing. (f) Prepare any and all proposed ordinances and resolutions for the City and amendments thereto. (g) Devote such time to the duties of his or her office as may be specified in the ordinance or resolution fixing the compensation for such office. (h) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs. The City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein. (As amended effective April 28, 1966, and December 20, 2010.) Section 603 (City Clerk. Powers and Duties.) The City Clerk shall have power and be This section is proposed This amendment is required to: (a) Attend all meetings of the City Council unless excused and be responsible for to be amended to insert intended to provide the recording and maintaining of a full and true record of all of the proceedings of the City the word "may" to the consistency in the way Council in books that shall bear appropriate titles and be devoted to such purpose. (b) sentence explaining the responsibilities are EXHIBIT 2 TO RESOLUTION NO. 2012-32 Maintain separate books, in which shall be recorded respectively all ordinances and City Clerk's provided in the Charter. resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the responsibilities. original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; keep all books properly indexed and open to public inspection when not in actual use. (c) Maintain separate books, in which a record shall be made of all written contracts and official bonds. (d) Be the custodian of the seal of the City. (e) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (f) Be ex -officio Assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (g) Have charge of all City elections. (h) Perform such other duties consistent with this Charter as may be required of him or her by ordinance or resolution of the City Council. (As amended by amendments effective on December 20, 2010.) Section 605 Director of Finance. There shall be a Director of Finance appointed by the City This section is proposed This amendment is Manager and subject to suspension or removal by the City Manager who shall have power to be amended to insert intended to provide and shall be required to: (a) Have charge of the administration of the financial affairs of the the word "may" to the consistency in the way City under the direction of the City Manager, and be head of the Finance Department of the sentence explaining the responsibilities are City. (b) Compile the budget expense and income estimates for the City Manager. (c) Maintain Finance Director's provided in the Charter. a general accounting system for the City government and each of its offices, departments and responsibilities. agencies. (d) Receive all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal Government, or from any Court, or from any office, department, or agency of the City. (e) Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit all funds coming into his or her hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (f) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit, approve and provide for the payment of all bills, invoices, payrolls, demands or charges against the City and, with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges. (g) See that all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and all other money receivable by the City from the County, State or Federal Government, or from any court, office, department or agency of the City are collected. (h) Through the City Manager submit to the City Council and EXHIBIT 2 TO RESOLUTION NO. 2012-32 to the certified public accountant employed by the City as an independent auditor a monthly statement of all receipts, disbursements and fund balances in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a complete financial statement and report. (i) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. 0) Assume the title of and act as City Treasurer and with the approval of the City Manager appoint deputies as necessary to act under the provisions of any law requiring or permitting action by a City Treasurer. (k) Perform such other duties consistent with this Charter as may be required of him or her by ordinance or resolution of the City Council. (As amended effective January 20, 1959, and December 20, 2010.) Section 608 (Illegal Contracts. Financial Interest.) No member of the City Council, This section is proposed This section is proposed department head or other officer of the City (except a member of any board or commission), to be amended to more to be amended to more shall be financially interested, directly or indirectly, in any contract, sale or transaction to which closely follow California closely track State law. the City is a party. No member of any board or commission shall be financially interested Government Code directly or indirectly, in any contract, sale or transaction to which the City is a party and which Section 1090 et seq. comes before the board or commission of which such person is a member for approval or other official action or which pertains to the department, office or agency of the City with which such board or commission is connected. Any contract, sale or transaction in which there shall be such an interest, as specified in this Section, shall become void at the election of the City when so declared by resolution of the City Council. No member of the City Council, department head or other officer of the City, or member of any board or commission shall be deemed to be financially interested, within the meaning of the foregoing provisions, in any contract made with a corporation where his or her only interest in the corporation is that of a stockholder and the stock owned by him or her shall amount to less than three percent (3%) of all the stock of such corporation issued and outstanding. If any member of the City Council, department head or other officer of the City, or member of a board or commission shall be financially interested as aforesaid, upon conviction thereof he or she shall forfeit his or her office in addition to any other penalty which may be imposed for such violation of this Charter. (As amended by amendments effective on December 20, 2010.) Section 609 (Acceptance of Other Office.) Any elective officer of the City who shall accept This section is proposed This section is proposed or retain any other elective public office, except as provided in this Charter, shall be deemed to be amended to more to be amended to more thereby to have vacated his or her office under the City Government. (As amended by closely follow the closely track State law. amendments effective on December 20, 2010) incompatible office doctrine in California Government Code Section 1099. EXHIBIT 2 TO RESOLUTION NO. 2012-32 Section 611 (Official Bonds.) The City Council shall fix by ordinance or resolution the This section is proposed This section is proposed amounts and terms of the official bonds of all officials or employees who are required by this to be deleted to remove to be removed to Charter or by ordinance to give such bonds. All bonds shall be executed by responsible the bond language. conserve City resources corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the and remove an antiquated City Clerk. Premiums on official bonds shall be paid by the City. bonding requirement. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. (As amended by amendments effective on December 20, 2010) Section 700 (In General.) There shall be the following named boards and commissions which This section is proposed This revision provides shall have the powers and duties herein stated. In addition, the City Council may create by to be amended to allow more flexibility to the City ordinance such additional advisory boards or commissions as in its judgment are required, boards and and streamlines City and may grant to them such powers and duties as are consistent with the provisions of this commissions to be government. Charter. created by ordinance and resolution. Section 702 (Appointment. Terms.) The members of each of such boards or commissions This section is proposed This section is proposed shall be appointed by the City Council from the qualified electors of the City, none of whom to be amended to allow to be amended as part of shall hold any paid office or employment in the City Government. They shall be subject to the City Council to the City's current effort to removal by motion of the City Council adopted by at least four affirmative votes. The members establish the initial term reform and streamline the thereof shall serve for a term of four years and until their respective successors are appointed of a charter, board or City's boards, and qualified. The members first appointed to such boards and commissions shall so classify commission member at commissions, and themselves by lot that the term of one of each of their number shall expire each succeeding the time the board or committees. July first. Where the total number of the members of a board or commission to be appointed commission is created. exceeds four, the classification by lot shall provide for the pairing of terms to such an extent as is necessary in order that the terms of at least one and not more than three shall expire in each succeeding year. Thereafter, any appointment to fill an unexpired term shall be for such unexpired period. (As amended effective April 1, 1955.) Section 703 (Existing Boards.) The respective terms of office of all members of the boards Deletion of entire This section is from the and commissions in existence at the time this Charter takes effect shall terminate upon the section. adoption of the original effective date of this Charter. The present members of the boards and commissions which will Charter and is no longer continue in effect under this Charter shall be deemed reappointed to the respective boards applicable. and commissions of which they are members as first appointed members thereof under this Charter. Section 704 (Meetings. Chairperson.) As soon as practicable, following the first day of July This section is proposed This section is proposed of every year, each of such boards and commissions shall organize by electing one of its to be amended to to be amended as part of members to serve as presiding officer at the pleasure of such board or commission. Each conserve City resources the City's current effort to EXHIBIT 2 TO RESOLUTION NO. 2012-32 board or commission shall hold regular meetings at least once each month and such special and require boards and reform and streamline the meetings as such board or commission may require. All proceedings shall be open to the commissions to operate City's boards, public. Except as may be otherwise provided in this Charter, the City Manager shall designate according to the Brown commissions, and a secretary for the recording of minutes for each of such boards and commissions, who shall Act. committees. keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each board or commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. (As amended by amendments effective on December 20, 2010) Section 705 (Compensation. Vacancies.) The members of boards and commissions shall This section is proposed This section is proposed serve without compensation for their services as such but may receive reimbursement for to be amended to to be amended as part of necessary traveling and other expenses incurred on official duty when such expenditures remove the requirement the City's current effort to have received authorization by the City Council. In addition, the City Council may by that an appointment to a reform and streamline the resolution fix an amount as reimbursement of other expenditures incurred by the members of vacated position be City's boards, boards and commissions while in the performance of their official duties. Any vacancies in any limited to the remainder commissions, and board or commission, from whatever cause arising, shall be filled by appointment by the City of the vacated term. committees. Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission absents himself or herself from three consecutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a registered elector of the City, his or her office shall become vacant and shall be so declared by the City Council. (As amended effective June 6, 1974, and December 20, 2010.) Section 707 Planning Commission. Powers and Duties. The Planning Commission shall This section is proposed It's appropriate (and have the power and be required to: (a) After a public hearing thereon, recommended to the to be amended to clarify required) for the Planning City Council the adoption, amendment or repeal of a Master Plan, or any part thereof, for the the Commission's role Commission to review the physical development of the City. (b) Exercise such control over land subdivisions as is in the review of Public Capital Improvement granted to it by ordinance not inconsistent with the provisions of this Charter. (c) Make Works projects. Program (CIP) as recommendations to the City Council concerning proposed public works and for the clearance submitted, but for the and rebuilding of blighted or substandard areas within the City. (d) Exercise such functions main purpose of assuring with respect to zoning and land use as may be prescribed by ordinance not inconsistent with its consistency with the provisions this Charter. planning and zoning issues. Section 708 (Board of Library Trustees. Powers and Duties.) There shall be a Board of This section includes a Today, this section is EXHIBIT 2 TO RESOLUTION NO. 2012-32 Library Trustees consisting of five members which shall have the power and duty to: (a) Have number of proposed contrary to a Council - charge of the administration of City libraries and make and enforce such by-laws, rules and revisions intended to Manager form of regulations as may be necessary therefor. (b) Designate its own secretary. (c) Consider the clarify that the Library government in at least annual budget for library purposes during the process of its preparation and make recom- Board is an advisory these ways: mendations with respect thereto to the City Council and City Manager. (d) Purchase and body to the City Council. . The Council has acquire books, journals, maps, publications and other supplies peculiar to the needs of the control over City library, subject, however, to the limitations of the budget for such purposes. The expenditure libraries. and disbursement of funds for such purchases shall be made and approved as elsewhere in . The Council directs this Charter provided. (e) Approve or disapprove the appointment, suspension or removal of the purchase of the Librarian, who shall be the department head. (f) Accept money, personal property or real books, journals, etc. estate donated to the City for library purposes, subject to the approval of the City Council. (g) . The City Manager is Contract with schools, county or other governmental agencies to render or receive library the person services or facilities, subject to the approval of the City Council. responsible for selecting, suspending, or removing the Library Director. Section 709 (Parks, Beaches and Recreation Commission. Powers and Duties.) There This section is proposed Review of the City's parks shall be a Parks, Beaches and Recreation Commission consisting of seven members. The to be revised to remove and recreation budget by Parks, Beaches and Recreation Commission shall have the power and duty to: (a) Act in an the requirement that the the Commission may be advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, Commission review the desirable from time to parkways and street trees. (b) Consider the annual budget for parks, beaches, recreation, annual budget. time, but the directive to parkways and street tree purposes during the process of its preparation and make recom- do so need not be in the mendations with respect thereto to the City Council and the City Manager. (c) Assist in the City Charter. planning of parks and recreation programs for the inhabitants of the City, promote and stimulate public interest therein, and to that end solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein. (d) Establish policies for the acquisition, development and improvement of parks, beaches and playgrounds and for the planting, care and removal of trees and shrubs in all parks, playgrounds and streets, subject to the rights and powers of the City Council. (e) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter. (As amended by amendments effective April 28, 1966, and June 6, 1974.) Section 710 (Civil Service Board.) The Civil Service Board shall consist of five members, This section is proposed This was unintentionally none of whom while a member of the board, or for a period of one year after he has ceased to include the word omitted from the 2010 for any reason to be a member, shall occupy or be eligible for appointment to any salaried "she." Gender Neutral Charter office or employment in the service of the City. The members of the Civil Service Board shall Amendment be nominated and appointed in the following manner. Two members shall be appointed by the City Council from a list of five persons to be nominated by vote of the employees in the EXHIBIT 2 TO RESOLUTION NO. 2012-32 Classified Service, two members shall be appointed by the City Council directly, and the fifth shall be appointed by the City Council from a list of three persons nominated by a majority of the four thus appointed. The successor of any member of the board shall be nominated and appointed in the same manner as such member was nominated and appointed. Section 801 (Positions Included in the System.) The civil service system shall include all This section is proposed In several cases, high - full time, regular and permanent positions or employment on the Police and Fire Department to remove certain level management of the City and may, by ordinance, include any other appointive officers or positions in the management positions employees and service of the City except the following: 1. All elective officers. 2. City Manager, Assistant City from the Civil Service "confidential" employees Manager, if any, one executive assistant to the City Manager, City Attorney, Assistant City System. should be outside of the Attorney, if any, City Clerk, Director of Finance, City Engineer, all Department Heads, and Civil Service system to Assistant Chiefs in the Police and Fire Departments. 3. All members of boards and ensure that they remain commissions. 4. Positions in any class or grade created for a special or temporary purpose at will" employees and which may exist for a period of not longer than six months in any one calendar year. 5. Persons employed to render professional, scientific, technical or expert service. 6. Persons who render part-time service without pay or who are paid on an hourly or per diem basis. (As amended effective January 20, 1959, and December 20, 2010.) Section 1101 (Annual Budget. Preparation by the City Manager.) At such date as the City This revision removes This change is intended to Manager shall determine, each board or commission and each department head shall furnish the need for each board reflect current practices. to the City Manager estimates of revenue and expenditures for his or her department for such board of commission for the ensuing fiscal year, detailed in such manner as may be and commission to prescribed by the City Manager. In preparing the proposed budget, the City Manager shall submit a budget for its review the estimates, hold conferences thereon with the respective department heads, boards activities. or commissions and may revise the estimates as he or she may deem advisable. (As amended by amendments effective on December 20, 2010.) Section 1114 (Claims and Demands.) Except as otherwise provided by the provisions of This section is proposed This section is proposed State law applicable to chartered cities, all claims for damages against the City shall be filed to be amended to clarify to be amended in as prescribed by ordinance. the process for making response to a recent case All other demands against the City must be in writing and may be in the form of a bill, invoice, claims and demands from Los Angeles payroll, or formal demand. Each such demand shall be presented to the Director of Finance against the City. regulating class action within ninety days after the last item of the account or claim accrued. The Director of Finance lawsuits against public shall examine the same. If the amount thereof is legally due and there remains on his books agencies. an unexhausted balance of an appropriation against which the same may be charged, he shall approve such demand and provide for its payment out of the property fund. Otherwise he shall reject it. The City Council may overrule any rejection by the Director of Finance and EXHIBIT 2 TO RESOLUTION NO. 2012-32 order the demand paid. The Director of Finance shall transmit such demand, with his approval or rejection thereof endorsed thereon, to the City Manager. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Manager, otherwise it shall require the approval of the City Council, following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the City Manager to approve any demand, in whole or in part, may present the same to the City Council which, after examining into the matter, may approve or reject the demand in whole or in part. (As amended by amendments effective on January 20, 1959, and April 28, 1966) Section 1115 (Registering Demands.) Demands on the City which are not paid for lack of Deletion of entire This section is from the funds shall be registered. All registered demands shall be paid in the order of their registration section. adoption of the original when funds therefor are available and shall bear interest from the date of registration at such Charter and is no longer rate as shall be fixed by the City Council by resolution. (As amended effective January 20, applicable. 1959) Section 1116 (Independent Audit.) The City Council shall employ at the beginning of each This section is proposed This change would follow fiscal year, a qualified certified public accountant who shall, at such time or times as may be to be amended to clarify State law, save money on specified by the City Council, and at such other times as he shall determine, examine the that the City only needs publishing and conserve books, records, inventories and reports of all officers and employees who receive, handle or to publish a summary of City's resources. The disburse public funds and of all such other officers, employees or departments as the City the financial transaction financial system is already Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report. a public document and is report shall be submitted by such accountant to the City Council, one copy thereof to be made available to the distributed to each member, one to the City Manager, Director of Finance and City Attorney, public on the City's respectively, and sufficient additional copies of the audit shall be placed on file in the office of website and at public the City Clerk where they shall be available for inspection by the general public, and a copy of counters. the financial statement as of the close of the fiscal year shall be published in the official newspaper. (Section 1117 as amended effective January 20, 1959, and renumbered by amendment effective April 28, 1966.) Section 1200 (State Law Governs.) The manner in which, the times at which, and the terms Deletion of entire This section is from the for which the members of Boards of Education shall be elected or appointed, their section. adoption of the original qualifications, compensation and removal and the number which shall constitute any one of Charter and is no longer such boards shall be as now or hereafter prescribed by the Education Code of the State of applicable. California. Section 1201 (Effect of Charter.) The adoption of the Charter shall not have the effect of Deletion of entire This section is from the creating any new school district nor shall the adoption of this Charter have any effect upon the section. adoption of the original existence or boundaries of any present school districts within the City or of which the City Charter and is no longer EXHIBIT 2 TO RESOLUTION NO. 2012-32 comprises a part, but such present school districts shall continue in existence subject to the provisions of the laws of the State of California as the same now exists or hereafter may exist. applicable. Section 1400 (Definitions.) Unless the provision or the context otherwise requires, as used This section is proposed This language is already in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of to be amended to allow in the Municipal Code and Newport Beach and "department," "board," "commission," "agency," "officer," or "employee," is deputies to act in the the change allows for a department, board, commission, agency, officer or employee, as the case may be, of the place of a public officer. consistency in the City of Newport Beach. (c) "County" is the County of Orange. (d) "State" is the State of execution of duties. California.