08-24-2015 - Rebuttal Argument to Resident Argument Against Mea - Item No. 1 (2).pdfCity of West Covina
Memorandum
AGENDA
TO: Mayor and City Council
ITEM NO. 1
FROM: Tom Mauk
DATE August 24, 2015
Interim City Manager
BY: Chris Freeland
Assistant City Manager/Community Development Commission Director
SUBJECT: REBUTTAL ARGUMENT TO RESIDENT ARGUMENT AGAINST
MEASURE C — CITY MANAGER BALLOT MEASURE
RECOMMENDATION:
It is recommended that the City Council either craft and approve a rebuttal argument responding to
the argument against Measure C - City Manager Ballot Measure, or, alternatively act to authorize in
writing any other person or persons to prepare, submit, or sign the rebuttal argument as provided in
California Elections Code 9285.
DISCUSSION:
In 1964, the voters of West Covina approved an initiative (Ordinance No. 852) describing the duties
of the City Manager and the process to address filling the vacancy of the City Manager. The
completion of the recent State Audit mentioned that the City did not follow the Municipal Code in
the recruitment of a new City Manager.
West Covina Municipal Code Section 2-147 (d) states, "Recruitment The city council shall retain
the services of one of the organizations designated hereunder to recruit candidates for the position of
city manager in the event of a vacancy and to evaluate their qualifications:
(1) State human resources board; or
(2) County civil service commission.
The organization so selected shall be directed to certify to the city council the names and records of
five (5) candidates whom they find to be best qualified."
The City was unable to follow this section of the Municipal Code as these groups do not provide
these services to cities. This section of the City's Municipal Code is obsolete and a vote by the
community is required to make any changes.
At the July 7, 2015, City Council Meeting, the City Council adopted Resolution No. 2015-35, which
included the language of the proposed changes to the City Manager Ordinance in the Municipal
Code to be included as a Measure for the November 3, 2015, Election. The City Council also
approved Resolution 2015-49 that authorizes arguments in support and opposition to the ballot
measure for the voters to review. The County of Los Angeles has designated the ballot measure as
Measure C.
At the August 11, 2015, Special City Council Meeting, the City Council approved an argument in
support of Measure C. Attached is the staff report of the August 11, 2015, Special City Council
meeting with Ordinance No. 852, Resolution No. 2015-35, and Resolution No. 2015-49
(Attachment No. 1). In addition, the Argument in Support of Measure C that was submitted to the
County of Los Angeles is attached (Attachment No. 2).
The ballot measure process also allows individuals to submit an argument in opposition to the ballot
measure. West Covina resident John Shewmaker has submitted an argument in opposition to
Measure C (Attachment No. 3).
With the submission of an argument in opposition to Measure C, the City Council is allowed to
submit a rebuttal to the argument in opposition to Measure C. Under Elections Code Section 9285,
the rebuttal may not exceed 250 words and must be received by the County of Los Angeles on
Tuesday, August 25, 2015.
City staff is recommending that the City Council either craft and approve a rebuttal argument to the
argument in opposition to Measure C, or that it authorize in writing any other person or persons to
prepare, submit, or sign the rebuttal argument as provided in California Elections Code 9285.
FISCAL IMPACT:
None.
Prepared by:
C32(3
Chris Freeland
Assistant City Manager/Community
Development Commission Director
Attachments:
Attachment No. 1 — City Council Staff Report of August 11,2015, Special City Council Meeting
Attachment No. 2 — Argument in Support of Measure C
Attachment No. 3 — Argument in Opposition of Measure C
Attachment No 1
C40 of West Covina.
Memorandum
AGENDA
TO: Mayor and City Council ITEM NO. 1
FROM: Tom Malik
Interim City Manager
DATE August 11,2015
BY: Chris Freeland
Assistant City Manager/Community Development Commission Director
SUBJECT: ARGUMENT IN SUPPORT OF CITY MANAGER BALLOT MEASURE
RECOMMENDATION:
It is recommended that the City Council approve the argument in support of the City Manager ballot
measure.
DISCUSSION:
In 1964, the voters of West Covina approved an initiative (Ordinance No. 852-Attachment No. I)
describing the duties of the City Manager and the process to address filling the vacancy of the City
Manager. The completion of the recent State Audit mentioned that the City did not follow the
Municipal Code in the recruitment of a new City Manager.
West Covina Municipal Code Section 2-147 (d) states, "Recruitment. The city council shall retain
the services of one of the organizations designated hereunder to recruit candidates for the position of
city manager in the event of a vacancy and to evaluate their qualifications:
(1) State human resources board; or
(2) County civil service commission.
The organization so selected shall be directed to certify to the city council the names and records of
five (5) candidates whom they find to be best qualified."
The City was unable to follow this section of the Municipal Code as these groups do not exist or do
not provide these services to cities, This section of the City's Municipal Code ía obsolete and a vote
by the community is required to make any changes.
At the July 7, 2015, City Council Meeting, the City Council adopted Resolution No. 2015-35
(Attachment No. 2), which includes the language of the proposed changes to the City Manager
Ordinance in the Municipal Code to be included as a Measure for the November 3, 2015., Election,
The City Council also approved Resolution 2015-49 (Attachment No. 3) that authorizes arguments
in support and opposition to the ballot measure for the voters to review. The argument in support is
due to Los Angeles County on August 14, 2015, and is to be less than 300 words. The following is
a draft argument in support of the City Manager ballot measure and is 280 words in length.
Proposed argument in support of the City Manager ballot measure is as follows:
In today's highly competitive world for executive talent, the City Council of West
Covina needs maximum flexibility and authority in its decision making process when
selecting a City Manager. This ballot measure amends and modernizes sections of the
West Covina Municipal Code, enacted in 1964, regarding the City Manager. It
eliminates the illegal city residency requirement for the City Manager and revises the
method of recruiting by deleting a requirement that the City retain either the State
Human Resources Board or the County Civil Service Commission to recruit and
evaluate city manager candidates, because those entitles no longer provide that
service to cities. The amendment will provide that the City use existing staff or a
professional recruiting firm with the proper experience to conduct a recruitment and
evaluation that will yield the highest quality candidates. It would fitrther require that
the City Council hire the City Manager based on his or her executive and
administrative qualifications with special reference to actual experience in or
knowledge of accepted practices of municipal administration. The measure would
delete a requirement that any Interim City Manager be appointed from among
existing department heads thus significantly increasing the talent pool from which to
select. It would make illegal and void any appointment of a City Manager that does
not conform to state and local law. It would also eliminate restrictions on removing
the City Manager by the City Council, except a restriction on removing the City
Manager within 90 days after swearing in members following a city council election.
This measure helps insure that the Council and residents of West Covina are
provided with an executive of the highest quality as is befitting our City.
City staff is seeking the City Council's support of the argument in support of the City Manager
ballot measure. In addition to the text of the Measure, the City Council Members will be listed as
supporters of the measure on the Ballot statement.
FISCAL IMPACT:
None.
Prepared by:
Chris Freeland
Assistant City Manager/Counnunity-
Development Commission Director
Attachments:
Attachment No — Ordinance No. 852
Attachment No, 2 — Resolution No. 2015-35
Attachment No. 3 — Resolution No. 2015-49
'Attathmeitt No. I
, -ORDINANCE NO; 852 .
•
• 'AN ORDINANCE OF T.E1CCITY COUNCIL OF THE CITY' OF .
WEST COVINA; CALIFORNIA; ADOPTED BIC INITIATIVE
PETITION.AT.GENERAL'MUNICIPAL,ELECTION ON .
APRA, 14,' 1064
•
• The, PeOple,of the City of West Covina d6 ordain as
folloWs , • • . • . • • • . ,
SECTION 1...$ections 2200,,2201; 2202, 2208, 2204, 2205,
. 2206, =07, 2208; and 2209, of 'the West -Covina Muticipal' Code, as
amended,:ae 'hereby,repealedi
. , •
" SECTIONT.• Chapter 2 City Managerbithe West Covina -
MUnicipal .Code:iS .hereby 'amended tp readesdollpws: • . • . •
- • ' ,CHAPTER 2 -..c1TyMANAGER7 . _
2200. . JgovIcs CREATED. ' ,
• •
'The office of Oity Manager of.tho.CitY is hereby '
, established and continued in effect.
•
•
'2201.. :APpOINTMENT OF CI111,0ANAGER .
• • , . . • (a) ELIGIBILITY; • No personshoal be eligible to
receive appointment es City Manager while Serving as a member
of the City Council nor within one year after he has ceased to
' be Ft. City Councilman..
0). QUALIFICATIONS': The City 'Manager. Shall be
• appointed .by, 'majority, vote of the City Connell for an indefi-
nite term. He shall be selected -by the Council solely on the
' basis of his executive and administrative qualifications .
. with sPecial reference to.his.actual experience in or his •
• knowledge of accepted practices of muniCipal administration.
' (c) •RESIDENCE. 'The aty.Manager need not be a
.
•psident of the City at the'time'of his appointmont but he
shall, establish his residence within the 'City within ninety,
• days after his appointment unless such.period is extended by
the City,douncil, and thereafter Shall maintain his residence
within the City during his 'tenure of office.: -
(d) 'RECRUITMENT.: The City Council.. shall retain the
serviees01 one of the arganizations-designated hereunder to
recruit candidates for. the 'position of City Manager in the
event of a...Vacancy and to evaluate their qualifications:
.1. California State- Personnel Board '
2. Los Angeles County Civil Service CoMMiS81.011
The organization so selected shall-to directed to certify
to the City Council the names.and records•pf the five candi-
dates whoW'they find ,to be-best - . • .
When A -vEtoavicy -occurs' in-the Office of-City Manager--
the.Council shall within five'days after said office becomes
'•vacantaPPoint a City Manager Pro Tempore :Trom the officers
or Department kondn'of,the City. Net later than ten days -
after the•vacancy occurs' the Council shall'rotain one of
'the organig.ations•namod in paragraph '(d) aboVe to proceed • ..with,rocruitment of City Manager candidates in the manner
•,•et• forth therein,. and shall make an appointment to the • _ vacant position.from among the -five best qualified eandi- •
• date am Certified by said organiation. Said appointment
shall be:made'not later than sixty days,after the position
: His vacated, by the previous incumbent.
2203. 'il'EMPORARY. MANAGER":
. . The City Manager.shall a0Point ., subject te"thel . .
. ,. approval ol the City Council; One of. theother officers or . .
Departtent' Heade of.the'City ,to serve. as Manager- Pro TeM- .
'pore during any temporarY absence ordisability'of the City
'manager; In case of the absence or disabilit/ of the City '
ManAgerand .:his,failtre to s6 appointa Manager'Pro Tempore, '
tteCtty Council, may designate some qualified city employee
to perforM the dutieS of the City Manager 'during • the peribd .
. of.aboonce"or disability . of said City Manager, subject r bow-
-ever, to'Said. person furnishing .acorporate surety bond'con-.
.ditioneduponfaithful perforMance of the duties required to .,
' 'be perfOmed 'asset forthin Section 2201'and 2202, herein.
. . • ,. . • , .
' 2204: %COMPENSATION:' . • , .... , • , .. .
. , .
The City'kanager shall ieceive4uch compensation . and
• •expene6 . alloWances ag the CitY -Council shall from 'Lime' to, '• ,
•, timedeteriindAnd fix by i'osolution, 'and said compensation '
and expenses' shall be 4 'proper charge against such funds of
the:City .as the City Council'shall'dpsignate. Such compensa=.
-tron shall not be fixedat ,less than Ten Thousand.Dollars per
Year? .'..:' . • . -. • . , • .
:The City'kanager shall be reimburged-for all sums '
.. neoessarily ihourred or paid by .hii in the Performance of his
duties•or, incurred when traveling on business. pertaining to -
' the City Under directionof : uthe'CitYCOncil; r . eimbursement
.-: shall only:be made, however, When 'a.verified'itemied claim,
. .setting forth the Sums expended for such.buSinese tor which
reimbursekent is reques.tod has been presented to the City
Council for approval.'... ' ,' ._ •
: 2.205:.:...10POWERS.AND .D1TIES':'. '
•: -. •
he City Mauager'shall be' the administrative head Of '
the'government of the City under 'the direCtion and'control of
. the City, Council except a8 ,otherwise-provided in this Code.
He Shall be responsible TC4' the officient'ndministration of
• All th&affairs :of tho .City:Wnich are under his control. He
shall pres'cribe Ouch administrative rules and procedures as
•ho mmy'deoi proper or necessary for the general conduct and
operAtion.of the City functions under his jurisdiction. In
' • additiOn'to'his:genoral powers'as adminietrative bead, and
not as aUmitation.thereonl it shall be hiS,duti and he shall . , • have the Powers set fortil' in-the following section.
. • . (a) LAW ENFORCEMENT": It Shall be the' duty of the
City Managerrto ,enTeree•all ,laws-and ordinance's of the City
.• and to see that all' the JAIN5,:ef'the,.8tate Pertaining to the
• City_are faithfully Observed-..: (0' ORDINANCES'. It Shall be the duty' of the City
' Manager and. he Ahall recoMmend tofthe. City Council ox' adop-
tion such .measures-andordinandes-asla deems necessary or
_expedient. , ..., •
' 'INVESTIGATIONS'. It ghall he the duty of the - .
.CitY Manager to make investigations into any of the affairs
' of the city and any department or.division'thereof, and any
contract" or the proper .performance of tiny Obligations of the
,_..city. shall.examine-or Cause to be examined, without •
the official conduct of any officer or employee of •
' '.the
•
ERANCHISES'.-- it shall be the. duty:
of'the City Manager,tb ,investigate tll complain W in relation '
. .to matters,concerning .the'administratIon of the.CitY Govern- •
,ment'and in regard.to.the service Maintal:ned by public utill-'
ties in Said Ctty, mud to see That .ãt1 franchises, permits,
. contracts and:privileges 'granted by the City are faithfully
perforMed %ind observed.
(e). -IMBLIC%BUILDING5'.' Et' shall bethe'duty of the'
City Managerand:he shall.exerdiselgeneral . supervision over ,
ll public buildings, public' parks And all other public pro-
. ;pertYyhichare,under thp control andAurisdiction of 'the
- • City: ‘He_shall direct the planning- and construction of all.
public'werks.- - . • ,
'AUTHORITY WER,EMPLOYBES. It shall -be the duty ,
•of the City'Manager ad he shall have the .authority to control,
,-'—order and giVe directions to•all beads ,of departments andto . .
-subordicat&officerS, and empleyees of'the'Citrunder .his '
JUriOiction'throUgh their' department heads. '
. (fg);. powuR OF APPOINTMENT: -It shall be the duty of '
'te City Manager'toi and he shall appoint, removo,.promote
nn demote any 'and all officerS and employees of the City,
•excePt the'City Clerk, Cit' Attoploy and City Treasurer, sub-.
jeet to. the.rules and.regulatienS'of any applicable Civil .
:Service.6r other personnel system in effect.
• . . REOROANIZATION'OF MIMS'. It shall be the
-'-dnty.and roppensibiIity-of the City Manager to recommend to
• :the City•Counqii. such orgahization or reorganization of .
'offices'posiions, departments o' units nnder'his direction.
..including the transfer of ,eMpIoyees between departments and
offiCes,.as may be indicated in.the interest.of-efficient,
effective and 'economical Conduct-of the City"s business. '
• • . (i) DEPARTMUTTAL COOPERATION'. shall.,be the duty '
of all SUbordinate'offticere'and.the City Clerk, City
Treasurer and City-At:Kerney to assist' the City Manager in .'
,adiinistering the affairs „of the City efficiently, economi--
--calay and harmoniously selar . as may be consistent with their ,
-dntiee:as. prescribed by,laiv. and:ordinances of'tho City.
• . :.(J) ATTBNDANCE AT COHNOMMEETINOS -.. It :shall be
- the dirty of the City Manager to attend all meetings of the
City' Council, unlege excused theretrom.%-lle may participate .
: in touncli'deliberations.but shall not have a vote.
,.(k) .'ATTBNDANCE AT COMMISSICN MEMOS'. The City •
Manager may attend any ancrOi meetings of the.Plannitg, '
Commission, Recreation and Park Commission, and any other
City .Commissions, boards or Committees her after created
the.City COuncil r upon his ownwolition,and shall attend
suchmeoting upon direction-of the City Coundil. At such
• • meetings which the City Manager attends , he shall be heard
'by such' eommissions, hoards' or oommittees,aS to all matters
,upon which he wishes to,addreSs 'tam members thereof, and
he'sfiallinform'said.membere.as to the status of any matter
being Considered bythe CityCoUncil ahd he shall cooperate
. to the luilest%extent with the members of all commissions,
' 'boards or."cotomittces appointed'by the City Council.
.• ." .(1) FINANCIAL,REPORTS'. It shall-be the duty Of the
.• City Manager-to-keep the-City'Council-atall -times fully •
- advised- ii td. the financial-conditioii.andfutnro needs of
the City. and to make-such xecommendationsas to him may
.becm ,apprOpriate or -desirable.• He shall'prepare and sub-
• .mitte.the'City Council at the end o each fiScal year a
comprehensive report of the finances'TanAadmiaistratiVe
.actiVities•of the City terthe"precoding fiscal year.
SUDdETc 'It .shall be the duty'ofthe City . Manager to prepare and submit the proposed annual .budget
'nod the proposed annul Salary plan to the City Council for ,
iteLaPpreval and•ho'shall be responsible for the.administra-:
tion thereof Upon adoption.hy the.City.Council.. '
: • '.'(n)' SU.PPLIES AND MATERIALS. It shall be the duty of
. The City Manager to prepare andenforce rules and regulations
governing the contracting for, purchasing, stering, diertri-
bation. and dispesil.of all KuPplies, materials and •qulpment
required by 'any office, department or agency of the City and
to•rebommend them to the City Council for -adoption.
. - . (b), HOURS OF.EMPLOYMENT".' It shall be the duty of
the CityManiger to devote his entire time to the dnties of
. llis'office.in,the interests ,of the City. '
.(p). :ADDITIONAL DUTIkS'; It shall' be the duty of the
' City,Managerto,perform such other -dutieS,ahd exercise such
other pomers.as'may,be delegated toih'im.from:time to time
by ordininco or resolution-or other action of the City Council.
(q) COUNCIL-MANAGER RELATIONS', The City Council and .
its memPexsaalI deal with. the administrative services of
' the City only throngh the City-Manager; except for the purpose
of inquiri74. and.Uditherthe- Oity,Council'Ver any Member
thereof :shall sive:orders to any Subbrdinates of. the City
'Manager.- The Citi'Mahager Shall' take his Orders and instruc-
tions frowthe City Council.only When sitting in.a duly held
meeting of "the CitYkCputoll-and to -individual condilman
shall give any'ordersio0.0strUctiehe to the City Manager.
• The; City Council shall instruct the City Manager in matters
of policy. No Councilman Shall in any' manner directly or '
indirectly'by.suggestion.or otherwise attempt-to influence'
or 'coerce the City Manager or any candidate for the position,
• of City Manager an tatteretreZating to the apnetntment, pro-
motien' Or demotionor,removal eranyemployee,or the award.
of 'any purdhase.Order .or:contract,6 . •
• 2k!6..: DELEGATION TO 'ADMINISTER PERSONNEL PR)CESSES: ,
•
' It is the declared intent of this, Chapter to delegate . . to the 4ty. Manager the power and authority to appoint and
remove personnel anCto otherwise administer the personnel
. processes. of the City edept as otherwise.specifically pro-
vided heioln. To achieve the purposeof —this Section the
'Cy, Manages shall consult-With the Council for the purpose
'el dormulatinvordinances and resolutions to establish ,a
merit mY'Stem -perSonnel program provided, however, that no ' •
ordinance,-resolution; or regulation relating to the admini-
•tration of .the porSonnel„processes of 'the City or the com-
,.pensatiou of eiployees shall be adopted. by. the Council 'except
' 'upofl of the City .Manager. Said ordin-
ances or .resolutions shall,comply-withthe following minimum
, reqUireaents; . ...... •
(a) The ,appointment, placenient,'-promotion and re-
tention'bf emPlOyees shall be based upon merit and fitnesS . .
. as determined by obOective and lipartial techniques. of . , evalUation. • '• . • ' ' .
. ' (b) No'e
.
mployee or' person seeking employment' shall , ,
be .apPointod, educed 'or removed or in any may favored or
: discriMinated againSt'because of his racial heritage Or his
political or religious oplAadn's or affiIiatlons.
(c) •o,persou related to-the City Manager or his
, spouse by consanguinity or affinity.within the third degree
',shall hold -any appointive office with theCity.
. ' (3) The City Cleric .:
. (4) The City Treasurer. . . -
' ':Provided,.hoWever, that the City Manager •maY .autheiize the.
' head Of a department 'or Office to appeint and 'remove subprdin-
, hies subject to the. provisiouspfapplicable Ordinances and
. reSelutions:. -
qaj. 'either the Manager nor 'any person in. the employ
of the City ,shall take Foiy_pEtxt,ia sequting7.0 shall contri-
'bute any Ma/ley:toward :the nomination orfeaebtion of any aandi - '
. date fez.. ninunieipal ,office.'
(6) Subject to 'thelimitatiots-set .Orth :in
4,-therd'ishall 'be ...vosted with the City
Manager autherity,to appoOt.And.when:necessary for the good
of the 'Servige to diecipline or remove 04 officers and ,
employees of the City except: •
- . (1) Members o2 Boards and Commissions 'appointed. - • by the; City .Council _
' '(2). The City Attorney
„
.2207. REMOVAL O ' MANAGER-;
The 'reMoval of 'the City Manager shall be. only upon '
the, affirmative vote of not less than four .members of the
' City 'Council in reglear Council meeting, subject, however, to
. the provisions...of theneXt sbcceeding sub-sections. In case
of 'his intended removal by, the City Council, the City Manager • .
shall be furnished with a written notice stating the Council 's
A.ntentiontoTemove him and the reason therefor, at least
'thirty, dayeefore the effective date of his removal. •
• :(a) .11.tA:RIW Within seven days after , the delivery
..to the City Manager of Such notice- he may 'by written notifi-
Hcation to the City Cleric, request .a hearing. befor e the City
I'llereafter, the Cifk' Cduncil,shall fix a time for
the hearing which ehall.be held,at its 'usual meeting place,
• but:before.the expiration:of the -thirty day period, at.whlch, ,
. the City Manager shall appear .and:be heard,,. with or witheut
• Counsel- •
suSpusIoN PENDINO_OARINC After turnishihg
•the_ City Manager with written notice of intended removal,
the -CityCouncil may suspend him from duty, but his compen-,
. sation Shall continue until his removal by .roSelution of the
Council Pask104 at .ox .subsequent.to the aferesaid hearing. -
-(c). DISCRETION OF COMICIL-..• In'removing-the City
• Mapagery .the .CitY Council shalluse its uncontolled,discre -
tion. and .ite action shall be final and ghall.not depend upon
• '.any.particular showing ordegree of proof at.theAlearing, the
purposp,of which is to allow, the City Manager to present to
• said City Conne/l his groundsof 'opposition.to- his 'removal
prier to the Council 's action. .• ' ,..(d) 'LIMITATION pN REMOVAL”. 14otwithstanding:the
.provisions of this Chapter hereinbefore 'enpmerated, the City
Manager shall not be removed from Office during or within a
- :Perio.&k ninety dhys next :01We:ending any general municiPal
election he1,4:1.1a the City 'at which election •a member of the
, City :Council elated reelected, the purpose of this
• _ provieionsis.,to allow any .powlk.bledted member of ' the City_
• ioOrganized City Council to observe, the actiens
,and'abpity of the City.Manager in the perfor4noe of the ,
power S and duties of his oflice. After 'the expiration of
said ninety .7-4ay Peried alnrementioned,'ibe cprevisions of the
'• prectedingseCtione ae tO:the removal of 8.d City Manager
Shall -aPPIy.and be effectivei
S.TATErOi calroANW
COUNTY:OVIDUELEp
CITY OF.V.MT 'MINA
•
-,.4208.: • 4MERGEXCIES ,
. In esskot 66tister which thl4eatefts theaife or,i • TropertY of'the people Cf Vest Coyina.the City Manager is
hereby empowered to award 9outrcts:,04 make purchases ad •
• may be necessary to meet said emergency providing he shal1.
file with the ,Council at the net meeting a.certi .ficate
defining-the eMergendy and.the aebeSsity for' such action
• %together-with a-deta11.ed. accotut%of.all ,expendlturez,
229 .Ii0EPENtENT-ADDIT".:
.10A%less'okten than afice•every tWelve Months, the .
City Council ,sjimA retain a firm of independent auditere
to audit thp ,a6counts and records of the.City'and to other-
.:wipe:eiraluate the fiscal stewOlphip .cf the ,City Manager.
•
I; BOBART 'FICTTENYCity, Cleric 6f the:tity.of West Covina,
do herebY-certliythat the.for0014g.OrdInKnee .140;.82 .was duly. .
and regularly*bmitted by iuitiatiye-petItionfiled on the 4rd
•4m.of Octeberl I968, that ther'dame was:dtly ,and regularly •sub-.
• mitted ,to,the ,voterS of. the-Qity,ot .lest'Coyiaa at the regular
h0.1.111 .pdid Citve6. the 1.4th day of pril,
". 1964, that*a.r*jority'Qf 06 .vottkeAlioting,therecin did vote in
its'favor.p;and: that said vote'waS ,Canva 04 And declared.by the
6Ditneileb,the2letday'eX'April 64; •• ,
•
to—
•e•
Attachment No. 2
RESOLUTION NO. 2015-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2015, WITH
THE LOCAL AND MUNICIPAL CONSOLIDATED ELECTIONS TO BE
HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE
ELECTIONS CODE
WHEREAS, the City Council of the City of West Covina called a General Municipal
Election to be held on 'November 3, 2015, for the purpose of the election of two Members of the
City Council for the fill] term of four years; and
WHEREAS, the City Council is 8ubmiiting to the voters a question relating to
quacations, recruitment, hiring and removal of the city manager; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Local and Municipal Consolidated Elections to be held on the same date and that within the City
the precincts, polling places and election officers of the two elections be the same, and that the
county election department of the County of Los Angeles canvass the returns of the General
Municipal Election and that the election be held in all respects as if there were only one election,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF wEST COVINA,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION I. That pursuant to the provisions of §10403 of the Elections Code, the Board
of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the
consolidation of a General Munieipal Election with the Local and Municipal Consolidated
Elections on Tuesday, November 3, 2015, for the purpose of the election of two Members of the
City Council for the flail term of four years.
SECTION 2, That a measure is to appear on the ballot as follows:
Shall Ordinance No, 2279 be approved to amend the city's municipal code
to eliminate illegal qualification requirements, require professional
irectuitment for the city manager, require that hiring and retention of the YES
eity.manager be based on skills and experience, eliminate requirement that
interim city manager be selected only from. department heads, eliminate
most restrictions on removal of the city manager, and provide that any NO
appointment which violates state or local law is null and void?
cicplag Lelkii„.,,
City c.:,11erk
Resolution No. 2015-33
Page 2
SECTION 3. That the proposed complete text of the measure submitted to the voters is
attached as Exhibit 1, and the proposed ordinance to be enacted is attached as Exhibit 2.
SECTION 4. That the vote requirement for the measure to pass is a majority (50%44) of
the votes cast.
SECTION' 5. That the county election department is authorized to canvass the returns of
the General Municipal Election. The election shall be held in all respects as if there were only one
election, and only one form of ballot shall be used.
SECTION 6, That the Board of Supervisors is requested to issue instructions to the county
election department to take any and all steps necessary for the holding of the consolidated election,
SECTION 7. That the City of West Covina recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for any
costs.
SECTION S. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the county election department of the County of Los
Angeles.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions,
PASSED, APPROVED AND ADOPTED this 7th day of July, 2,015
Predrick Sykes
Mayor
APPROVED AS TO FORM:
Kithberly Mil Barlow
City Attorney
AT1'tST:
Resolution No. 2015.35
Page 3
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the
City of West Covina, California, at a regular meeting thereof on the 7th day of July, 2015, by the
following vote of City Council;
AYES:
NOES:
ABSENT:
ABSTArN:
Spence, 'roma, Warshaw, Wong, Sykes
None
None
None
3
Attachment No, 3
RESOLUTION O. 201549
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AUTHORIZING
COUICILMEMBERS TO SUBMIT ARG CA4ENTS,
SETTING PRIORITIES FOR SELECTING ARGUMENTS
TO PRINT, AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS RELATING TO A
CITY MEASURE
WHEREAS, A Special Municipal Election is to be held in the City of West Covina, California,
on November 3, 2015, at which there will be submitted to the voters the following
measure:
Ordinance No 2279
AN ORDINANCE OF THE PEOPLE OF TI-IE CITY OF WEST
COVINA, CALIFORNIA AMENDING SECTIONS 2-147, 2-148
AND 2-153 AND REPEALING SECTION 2-149 OF THE
MUNICIPAL CODE OF THE CITY OF WEST COVINA
REGARDING THE QUALIFICATIONS, RECRUITMENT,
HIRING AND REMOVAL OF THE CrfY MANAGER
The fitil text of the measure is attached as Exhibit 1, and the full text of the
proposed ordinance is attached as Exhibit 2.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
.CALIFORNIA, DOES RESOLVE AS FOLLOW&
SECTION I, That the City Council authorizes, but does not obligate, any Or all members of the
City Council to file a written argument (written either exclusively by the
member(s) or jointly by the member(s) with any other entity,. bona tide
association of citizens, individual voters, or any combination thereof) in favor of
the City measure not exceeding 300 words, accompanied by the printed name(s)
and signature(s) of the author(s) submitting it, in accordance with Article 4,
Chapter 3, Division 9 or the Elections Code of the State of California_ The
argument may be changed or withdrawn until cud including the date fixed by the
Assistant City Clerk after -which no arguments for or against the City measure
may be submitted. In the event that more than one argument is filed by different
members, the City Council shall determine by majority vote which argument shall
be formally adopted by the City Council as officially authorized by the legislative
body,
The argument shall be filed with the Assistant City Clerk, signed, with the printed
name(a) and signature(s) of the author(s) submitting it, or if submitted on behalf
of an organization, the name of the organization, and the printed name and
gepeifitm redrock Sy
Mayor
APPROVED AS TO FORM:
Kimberly nall Barlow
City Attorney
I ATTEST: .',,, •
Nickolas S.- 1y;
City Ciefk
Resolution No. 2015-49 Page 2
signature of at least one of its principal officers who is the author of the argument.
An argument may he signed by multiple authors, hut if more than five authors
provide a signature to the argument, then only the signatures of the first five
authors shall be printed to the exclusion of the excess signatures.
The arguments shall be accompanied by a completed Declaration of Author form
provided by the City Clerk.
SECTION 2. That the City Council directs the Assistant City Clerk to transmit a copy of the
measure to the city attorney. The city attorney shall prepare an impartial analysis
of the measure not exceeding 500 words showing the effect of the measure on the
existing law and the operation of the measure, The impartial analysis shall be
filed by the date set by the Assistant City Clerk for the filing of primary
arguments.
SECTION 3. That the Assistant City Clerk is directed to fix and determine a reasonable date
prior to the election after which no arguments for or against the City measure may
be submitted for printing and distribution to the voters, If more than one
argument for or against the City measure is submitted to the Assistant City Clerk,
the Assistant City Clerk shall select one of the arguments for printing and
distribution to the voters, according to the following preference and priority, in
the order named: the City Council, or member or members of the City Council;
bona fide associations of citizens; individual voters who are eligible to vote on the
City measure.
SECTION 4, The City Clerk shall certify to the passage and adoption hereof.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2015.
AYES;
NOES;
ABSENT;
ABSTAIN:
Spence, Tama, Warshaw, Wong, Sykes
None
None
None
lekolarS. JAwis
City Clerk ,
„
Resolution No. 2015-49 Page 3
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the
City of West Covina, California, at a regular meeting thereof on the 7'1' day of Ally, 2015, by the
following vote of City Council;
EXHIBIT I
FULL TEXT OF MEASURE
CITY OF WEST COVINA
The People of the City of West Covina do ordain as follows:
Division 2 of Article IV of the West Covina Municipal Code is amended to delete the
illegal city residency requirement for the city manager and revise the method of recruiting
for city Manager by deleting a requirement that the City retain either the State Human
Resources Board or the County Civil Service Commisgon to recruit and evaluate city
manager candidates, because those entities do not provide that service now. The
amendment will provide that the City use• existing htaff or a professional recruiting film
with experience to conduct a recruitment and evaluation, It would further require that the
City Council is to hire the city manager based on his or her executive and administrative
qualifications with special reference to actual experience in or knowledge of accepted
practices of municipal administration. The measure would delete a requirement that any
interim city manager be appointed from among existing department heads. It would
make illegal and void any appointment of a city manager not conforming with state and
local law. It would also eliminate restrictions cm removing the city manager by the City
Council, except a restriction on removing the City Manager within 90 days after swearing
in members following a city council election.. 'Following enactment of this ordinance, the
City Council may establish, by resolution or ordinance, such reasonable rules and
regulations as may be appropriate regarding the city manager which are not in conflict
With the voter approved ordinance,
IF YOU DESIRE A COPY OF THE ORDINANCE NO 2279, PLEASE CALL THE
CITY CLERK'S OFFICE AT (626) 939-8433, AND A COPY WILL BE MAILED
AT NO COST TO YOU,
Exhibit 2
ORDINANCE NO. 2279
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-
147 2-148, 2-149 AND 2-153 OF THE MUNICIPAL CODE
OF THE CITY OF WEST COVINA REGARDING THE
• QUALIFICATIONS, RECRUITMENT, HIRING AND
REMOVAL OF THE CITY MANAGER
WHEREAS, in 1964, the voters of West Covina approved an initiative measure adopting
an ordinance establishing with the method of determining qualifications of the city manager, and
restrictions regarding hiring and removal of the city manager; and
WHEREAS, the City is unable to comply with the current ordinance in a number of
respects due to changes in both state law and the elimination of certain organizations which the
ordinance requires the City to use in recruiting and determining the qualifications of the city
manager; and
WHEREAS, the City Council directed the city attorney to work with staff to draft a
revision to the ordinance regarding recruitment, qualifications, hiring and removal of the city
manager to eliminate any provisions which are no longer legal and to propose other revisions to
the municipal code to enable the City to more effectively recruit, hire and manage the city
manager; and
WHEREAS, the City Council have proposed a ballot measure before the City's voters to
decide whether to amend the City's municipal code to revise the provisions relating to the
qualifications, recruitment, hiring and removal of the city manager.
NOW THEREFORE THE PEOPLE OF THE CITY OF WEST COVINA,
CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 2-147 through 2-149, and section 2-153 of the West Covina
Municipal Code are repealed and replaced in their entirety with the following:
Sec. 2-147, - Appointment
(a) Eligibility. No person shall be eligible to receive appointment as city manager while
serving as a member of the City Council nor within one-year after he or she has ceased to be a
city council member.
(h) Qualification& The City Manager shall be appointed by majority vote of the City Council. He
or she shall be aeletted by the City Council on the basis of his or her executive and
administrative qualifications with special reference to his or her actual experience in or
knowledge of accepted practices of municipal administration.
Sec. 244S. - Vacancies.
When a vacancy occurs in the office of city manager, the City Council shalt, as soon as
practicable after such office becomes vacant, appoint an interim city manager. As soon as
possible after a vacancy has °courted, the City Council shall proceed with recruitment of city
manager candidates using staff or a consultant experienced in such rOCraittnents, and shall make
an appointment to the vacant position from among the best qualified candidates. Such
appointment shall be made as expeditiously as is possible after the position is vacated by the
previous incumbent.
Sec. 2-149. — Compliance with State and Local Law.
The City shall at all times comply with state and local law in the recruitment and hiring
of the city manager. Any appointment of the city manager that does not comply with applicable
state and local law will be nuii and void,
Sec. 2453. - Limitation on Removal of manager.
Notwithstanding the provisions of this chapter hereinbefoin enumerated, the city manager
shall not be removed from office during or within a period of ninety (90) days after council
members are sworn in to office upon certification of the results of any general municipal election
held in the city at which election a member of the City Council is elected or reelected. The
purpose of this provision is to allow any newly elected member of the City Council or a
reorganized City Council to observe the actions and ability of the city manager in the
performance of the powers and duties of his office.
SECTION 2. Should any section, subsection, clause or provision of this ordinance for
any reason be held to be invalid, such invalidity shall not affect the validity of the remaining
portions of this ordhlance, it being hereby expressly declared that this ordinance, and each and
every section, subsection, sentence, clause and phrase hereof would have been prepared,
proposed, approved, adopted and/or ratified irrespective of the fact that any one or more section,
subsections, sontenees, clauses or phrases of this ordinance be declared
SECTION 3. After this ordinance: amending the .nnimicipal code as provided for herein
is approved by a majority vote of the voters, the Mayor and City Clerk shall certify that the
proposed amendment was submitted to the voters of the city and that it was approved by a
majority vote. The City Clerk shall certify to the passage and adoption of this ordinance and shall
cause the same to be published in the manner required by law,
PASSEL), APPROVED AND ADOPTED on this _ day of , 2015.
Fredrick Sykes
Mayor
APPROVED AS TO FORM: ATTEST:
Kimberly Hall Barlow Nickolas S. Lewis
City Attorney City Clerk
Attachment No. 2
Election Code § 9282(d) - "Arguments in support or apposition of the proposed laws are the opinions of
the authors."
Vote "YES" on Measure C
If West Covina residents want a city led by the best executive talent and
have that executive be responsive to the citizens, your elected leaders
need greater flexibility to select the best City Manager.
Your "YES" vote on Measure C will improve the 1964-enacted sections of
the West Covina Municipal Code, by eliminating unconstitutional restrictions
on City Manager applicants and deleting the requirement that outside
bureaucrats influence the City Manager selection process.
A "YES" vote on Measure C, requires the City to use experienced
professionals to conduct a recruitment and evaluation, yielding the highest
quality candidates. Measure C further requires that the City Council hire the
City Manager based on the individual's executive and leadership
qualifications, with special reference to experience in, or knowledge of,
professional ethics and best practices of municipal administration. To
significantly increase the talent pool from which to select an Interim City
Manager, Measure C eliminates the restriction that the interim appointee
be selected from among City department heads.
A "YES" Vote on Measure C protects the City by making it easier to hold
the City Manager accountable.
Finally, a "YES" Vote on Measure C PROHIBITS and VOIDS any
appointment of a City Manager that does not conform to State and local
law.
Join us in voting "YES" on Measure CI' a common sense solution!
Attachment No. 3
Election Code § 9282(d) - "Arguments in support or opposition of the proposed laws are the opinions of
the authors."
PLEASE VOTE NO
We all should be disappointed in this unnecessary attempt to politicize the city manager hiring process.
The apparent goal is to change the requirement to terminate the city manager from 4 to 3 votes, thus
making it easier to remove a city manager in order to appoint friends or political supporters to the
position. It is cleverly hid by claiming to "modernize" the process, give flexibility, or remove
unconstitutional language.
Most prior city managers were outstanding, working to serve the public when an independent agency
selected qualified candidates. The state audit stated a prior council illegally hired an unqualified
individual by failing to follow the law costing the city almost $500,000 to correct this error.
Selecting a current city department head to function as interim city manager allows continuity and
eliminates the expense of an outsider learning the job, just to have a new city manager replace them.
The claim we need to change unconstitutional language requiring the city manager to live in our city is
designed to confuse you and hide the desire to politicize the city managers selection and position. This
section is already unenforceable and has been unenforceable for a generation or two.
The agency tasked to give the city a list of qualified candidates does perform the function according to
the State Auditor. This requires a choice be made from a list of qualified candidates independently
selected, not a list of individuals politically connected, or beholden to special interest groups.
The city has functioned well when the law was followed which gave the city manager the ability to use
experience and knowledge, not political concerns, to make decisions on difficult issues.
In 2013, we voted to change our city. Do not take a step back and politicize the city manager.
Please vote NO