HomeMy WebLinkAbout2010-05-11; City Council; 20179; Amend Carlsbad Municipal Code by Adding Section 2.08.022 Entitled Qualifications of Treasurer15
CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20,179
5/11/10
CA
Amend Carlsbad Municipal Code by
Adding Section 2.08.022 Entitled
Qualifications of City Treasurer
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Introduce Ordinance CS- oso establishing certain minimum criteria for eligibility to the
elected office of City Treasurer.
ITEM EXPLANATION:
The voters of the City of Carlsbad determined to change the powers and duties of the City by
adopting a City Charter at the election of June 3, 2008. This means that the City Council has
plenary authority to legislate matters of local concern notwithstanding general laws of the State
to the contrary. Currently, the only qualification for the position of City Treasurer is that the
candidate must be an elector of the City of Carlsbad at the time of assuming office (Cat. Govt.
Code section 36502). The office of the City Treasurer has numerous financial, accounting,
economic and banking responsibilities which are vital to financial health of the City. Although
the City Treasurer is elected by the voters of the City of Carlsbad, the City Council has an
interest ensuring that only individuals qualified to perform the functions of the City Treasurer are
eligible to run for that office. Setting minimum qualifications will avoid the potential problem of
an individual without these minimum qualifications from being elected into the position.
FISCAL IMPACT:
Adoption of this Ordinance will have no direct fiscal impact. However, having an unqualified
individual in the position of City Treasurer could potentially have a negative fiscal affect on the
City.
ENVIRONMENTAL IMPACT:
This action does not constitute a project as defined under CEQA (California Environmental
Quality Act) pursuant to CEQA regulation 15060(c)(3).
EXHIBITS:
1. Ordinance No. CS-080
DEPARTMENT CONTACT: Ronald Ball 760-434-2891 ron.ball@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
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CONTINUED TO DATE SPECIFIC r,
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
1 I ORDINANCE NO. CS-080
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, TO ADD SECTION
3 2.08.022 TO THE CARLSBAD MUNICIPAL CODE
4 REGARDING QUALIFICATIONS OF CITY TREASURER
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7 responsibilities which are vital to financial health of the City; and
8 WHEREAS, the City Council finds that it is in the best interest of the
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City of Carlsbad that only candidates qualified to carry out the duties and
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responsibilities of the position of City Treasurer be eligible to run for election for the11
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WHEREAS, the City Council finds that the position of City Treasurer is
responsible for carrying out numerous financial, accounting, economic and banking
position of City Treasurer.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
15 Section 1: That Section 2.08.022 is hereby added to the Carlsbad
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Municipal Code to read as follows:
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"2.08.022 Qualifications of city treasurer
No person is eligible to become a candidate for the office of
city treasurer unless, at the time of the final filing date for
election, he or she has a four year college degree in finance
or business related field and four years of financial work
experience.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 11th day of May, 2010, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2010, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
CITY OF
CARLSBAD
Memorandum
May 11, 2010
To:
From:
Re:
Mayor and City Council
City Manager
www.carlsbadca.gov
All Receive - Agenda Item #
For Information of
THE CITY COUNCIL
CM \/ CA £ CC
Date * I nl 10 From CM it CM_
Qualifications of City Treasurer - City Council Agenda Item #15
Please find attached the San Diego County and Orange County qualification requirements for
Treasurer. Please let me know if you would like additional information.
Thank you.
Attachments BECBED'VE
MAY 1 1 2010
CITY OF CARLSBADCITY CLERK'S OFFICE
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City Hall
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax
TREASURER/TAX COLLECTOR
QUALIFICATIONS
The candidate shall be a U.S. citizen and a registered voter of the County of San Diego at the time
nomination papers are issued. (Gov. Code Sec. 24001)
In addition, the following requirements must be met:
(a) No person shall be eligible for election or appointment to the office of San Diego County
Treasurer/Tax Collector unless that person meets at least one of the following criteria:
(1 { The person has served in a senior financial management position in a county, city, or other public
agency dealing with similar financial responsibilities for a continuous period of not less than three
years, including, but not limited to, treasurer, tax collector, auditor, auditor-controller, or the chief
deputy or an assistant in those offices.
(2) The person possesses a valid baccalaureate, masters, or doctoral degree from an accredited
college or university in any of the following major fields of study: business administration, public
administration, economics, finance, accounting, or a related field, with a minimum of 16 college
semester units, or their equivalent, in accounting, auditing, or finance.
(3) The person possesses a valid certificate issued by the California State Board of Accountancy
pursuant to Chapter 1 (commencing with Section 5000) of Division 3 of the Business and
Professions Code, showing that person to be, and a permit authorizing that person to practice as,
a certified public accountant.
(4) The person possesses a valid charter issued by the Institute of Chartered Financial Analysts
showing the person to be designated a Chartered Financial Analyst, with a minimum of 16
college semester units, or their equivalent, in accounting, auditing, or finance.
(5) The person possesses a valid certificate issued by the Treasurer Management Association
showing the person to be designated a Certified Cash Manager, with a minimum of 16 college
semester units, or their equivalent, in accounting, auditing, or finance.
(b) This section shall only apply to any person duly elected or appointed as a county treasurer, county
tax collector, or county treasurer-tax collector on or after January 1, 1998
(Gov. Code Sec. 27000.7).
EDUCATIONAL REQUIREMENTS FOR TREASURER/TAX COLLECTOR.
Any person who is elected to the Office of San Diego County Treasurer/Tax Collector shall complete a valid
continuing course of study as prescribed in this section, and shall during the person's four-year term of office
on or before June 30 of the fourth year, render to the State Controller a certification indicating that the person
has successfully completed a continuing education program consisting of, at a minimum, 48 hours, or an
equivalent amount of continuing education units within the discipline of treasury management, public finance,
public administration, governmental accounting, or directly related subjects, offered by a recognized state or
national association, institute, or accredited college or university, or the California Debt and Investment
Advisory Commission, that provides the requisite educational programs prescribed in this section. The willful
or negligent failure of any elected San Diego County Treasurer/Tax Collector to comply with the requirements
of this section shall be deemed a violation of Government Code section 27000.8.
See "General Qualifications" which also apply to this office.
HOW ELECTED
A candidate who receives a majority of all votes in the June Primary Election is elected. When no
candidate is so elected, the two candidates who receive the highest number of votes in the primary are
the candidates in the November General Election, and the one who receives the higher number of
votes in the General Election is elected. In the event there are no more than two candidates for one
office, the office shall be voted upon at the Primary Election. (San Diego County Charter Sec. 401.3)
SALARY $155,480.00 FILING FEE $1,554.80 (1% of the salary)
CANDIDATE'S
STATEMENT OF
Ql|ALIFICATIONS
$6,550.00 (200\v(>rds)
,J I
NUMBER OF
•NOMINATING
SIGNATURES
At least 20 valid signatures,
may submit up to 40
PETITIONS
IN LIEU OF
FILING FEE
Signatures Required: 6,220
Value per Signature: $.25
Any portion of the signatures may be collected;
they will be pro-rated at the value shown.
IMPORTANT
DATES
Event
Petitions in Lieu of Filing Fee - Optional
Declaration of Candidacy, Nomination Papers (inc. Ballot
Designation Worksheet), Statement of Economic Interests,
and Statement of Qualifications (optional)
Petitions in Lieu of Filing Fee - Supplemental Filing Period
Candidate Filing Extension - Last Day
For other than incumbent, if incumbent fails to file by March 12.
Financial Disclosure:
Please refer to Financial and Campaign Disclosure Information starting on Page 88 for your
reporting requirements.
Please refer to the Election Calendar for other dates.
Date
January 4 to February 25
February 16 to March 12
February 26 to March 12
March 17
New Term Begins: January 3, 2011
5F
Length of Term: 4 years
4. Three years of full-time, salaried law enforcement experience within the
provisions of section 830.1 or 830.2 of the Penal Code at least a portion
of which shall have been accomplished within five years prior to the date
of filing, and possesses an associate in arts or associate in science
degree, or the equivalent, from an accredited college.
5. Four years of full-time, salaried law enforcement experience within the
provisions of section 830.1 or 830.2 of the Penal Code at least a portion
of which shall have been accomplished within five years prior to the date
of filing, and possesses a high school diploma or the equivalent.
All persons holding the office of sheriff on January 1, 1989 shall be deemed to have met
all qualifications required for candidates seeking election or appointment to the office of
sheriff. § 201, Gov't. Code § 24004.3
TREASURER-TAX COLLECTOR
must: • be a registered voter and otherwise qualified to vote for that office
at the time nomination papers are issued to the person;
• must meet one of the following criteria:
1. Served in a senior financial management position in a county, city, or other
public agency dealing with similar financial responsibilities for a
continuous period of not less than three years, including, but not limited
to, treasurer, tax collector, auditor, auditor-controller, or the chief deputy or
an assistant in those offices.
2. Possesses a valid baccalaureate, masters, or doctoral degree from an
accredited college or university in any of the following major fields of
study: business administration, public administration, economics, finance,
accounting, or a related field, with a minimum of 16 college semester units,
or their equivalent, in accounting, auditing, or finance.
3. Possesses a valid certificate issued by the California State Board of
Accountancy, showing that person to be, and a permit authorizing that
person to practice as, a certified public accountant.
4. Possesses a valid charter issued by the Institute of Chartered Financial
Analysts showing the person to be designated a Chartered Financial
Analyst, with a minimum of 16 college semester units, or their equivalent,
in accounting, auditing, or finance.
5. Possesses a valid certificate issued by the Treasury Management
Association showing the person to be designated a Certified Cash
Manager, with a minimum of 16 college semester units, or their equivalent,
in accounting, auditing, or finance. § 201, Gov't. Code § 27000.7
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May 11, 2010
FOR THE INFORMATION OF
THE CITY COUNCIL
DATE CITY ATTORNEY
TO: MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY O*, •-*•**-**'•
RE: QUALIFICATIONS FOR THE OFFICE OF CITY TREASURER
Following your discussion at your meeting of Tuesday, April 13, 2010, I have redrafted
the proposed ordinance setting forth the qualifications to run for the office of City
Treasurer to specify that a candidate should possess a four year college degree in
finance or business related field and four years of financial work experience. I have
attached a copy of the proposed ordinance for your review and this matter will be
considered at your meeting this evening.
Should have any comments or concerns on this proposed ordinance, please do not
hesitate to contact me.
RONALD R. BALL
City Attorney
/rn
c: City Manager
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1
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, TO ADD SECTION
3 2.08.022 TO THE CARLSBAD MUNICIPAL CODE
4 REGARDING QUALIFICATIONS OF CITY TREASURER
WHEREAS, the City Council finds that the position of City Treasurer is
responsible for carrying out numerous financial, accounting, economic and banking
responsibilities which are vital to financial health of the City; and
WHEREAS, the City Council finds that it is in the best interest of the
9
City of Carlsbad that only candidates qualified to carry out the duties and10
responsibilities of the position of City Treasurer be eligible to run for election for the
ORDINANCE NO.
position of City Treasurer.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
15 Section 1: That Section 2.08.022 is hereby added to the Carlsbad
16
Municipal Code to read as follows:
17
"2.08.022 Qualifications of city treasurer
18
No person is eligible to become a candidate for the office of
city treasurer unless, at the time of the final filing date for
election, he or she has a four year college degree in finance
or business related field and four years of financial work
experience.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the day of , 2010, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2010, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk