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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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN 'Dnn CONTINUED TO DATE SPECIFIC r, CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 I ORDINANCE NO.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 5 6 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 9 City of Carlsbad that only candidates qualified to carry out the duties and 10 responsibilities of the position of City Treasurer be eligible to run for election for the11 12 13 14 18 19 20 21 22 23 24 25 26 27 „ 28 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 16 Municipal Code to read as follows: 17 "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. „ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 *mutm P^l H/ LH/src 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 37 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 5 6 7 12 13 14 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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