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HomeMy WebLinkAbout2023-12-05; City Council; ; Revisions to Carlsbad Municipal Code Chapter 2.04 - Elected OfficialsCA Review CKM Meeting Date: Dec. 5, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Legislative & Constituent Services Director sheila.cobian@carlsbadca.gov, 442-339-2917 Subject: Revisions to Carlsbad Municipal Code Chapter 2.04 - Elected Officials Districts: All Recommended Action Introduce an ordinance titled, “An Ordinance of the City Council of the City of Carlsbad, California, amending Carlsbad Municipal Code Chapter 2.04 – Elected Officials, specifically Section 2.04.030 - Duties of Mayor and Section 2.04.040 - Eligibility for office.” Executive Summary As part of a continuing effort to review and update the Carlsbad Municipal Code, staff are recommending amendments to two sections of Carlsbad Municipal Code Chapter 2.04 - Elected Officials. These revisions will clarify that the City Council may delegate the authority to sign written contracts and conveyances to the City Manager instead of to the Mayor. This amendment will not affect which contracts must be approved by the City Council. Instead, it will provide the City Council with a choice of signatories for City Council-approved contracts. The proposed revisions to Section 2.04.040 will specify that people convicted of a felony or other crimes specified by state law are ineligible to hold public office and provide clear and verifiable eligibility criteria for the position of City Treasurer. Explanation & Analysis Duties of the Mayor Section 2.04.030 of the Carlsbad Municipal Code outlines the duties of the Mayor. Subsection B specifies that the Mayor signs all written contracts and conveyances made or entered into by the city. In certain circumstances and in actual practice it is often more efficient for the City Council to authorize the City Manager to sign these documents. The suggested revisions would clarify that the City Manager or designee can sign written contracts and conveyances that exceed the signing authority of the City Manager if the City Council delegates that authority to the City Manager. Qualifications to hold office Section 2.04.040(A) specifies the qualifications necessary to hold elected office in the City of Carlsbad. Under state law, conviction for felonies and other crimes such as bribery renders a Dec. 5, 2023 Item #8 Page 1 of 7 person ineligible to hold public office. The suggested revision clarifies that anyone convicted of such a crime is ineligible to hold public office in the City of Carlsbad. Eligibility to serve as City Treasurer Section 2.04.040(C) provides the eligibility criteria for the position of City Treasurer. The current language regarding eligibility for the position is somewhat broad and not readily verifiable. The position of City Treasurer is both an elected position and a position of significant public trust in the city, so it is important that anyone elected or appointed to the position meet certain minimum qualifications. The suggested revisions provide a clear and verifiable list of eligibility criteria for the position of City Treasurer. Fiscal Analysis The existing fiscal year 2023-2024 budget for the City Clerk’s Office includes sufficient funding for the cost of amending the referenced code sections. Next Steps The City Clerk will prepare the ordinance for adoption at the next regular City Council meeting. Once adopted, the City Clerk will publish the ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days following its adoption. Environmental Evaluation In keeping with Public Resources Code Section 21065, this action does not constitute a project within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Exhibits 1.Ordinance amending Carlsbad Municipal Code Chapter 2.04 - Elected Officials 2.Proposed changes to Carlsbad Municipal Code Section 2.04.030 3.Proposed changes to Carlsbad Municipal Code Section 2.04.040 Dec. 5, 2023 Item #8 Page 2 of 7 ORDINANCE NO. CS-462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.04 - ELECTED OFFICIALS, SPECIFICALLY SECTION 2.04.030 -DUTIES OF MAYOR AND SECTION 2.04.040-ELIGIBILITY FOR OFFICE WHEREAS, Carlsbad Municipal Code Section 2.04.030 identifies the duties of the Mayor; and WHEREAS, Section 2.04.030(8) specifies that the Mayor signs all written contracts and conveyances made or entered into by the city; and WHEREAS, the City Council wishes to clarify that the City Council may delegate such authority to the City Manager or designee; and WHEREAS, Section 2.04.040 identifies the eligibility criteria for elected officials in the city; and WHEREAS, Section 2.040.040(A) should be amended to reflect the provisions in state law that prohibit people convicted of certain crimes, including felonies, from holding public office; and WHEREAS, the position of City Treasurer is responsible for carrying out financial, accounting, economic and banking responsibilities for the city; and WHEREAS, it is in the best interest of the city that only candidates qualified to carry out the duties and responsibilities of the position of City Treasurer be eligible to hold the office of City Treasurer; and WHEREAS, the City Council wishes to provide clear and verifiable eligibility criteria for the position of City Treasurer. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: Section I: Section II: 2.04.030 The above recitations are true and correct. Carlsbad Municipal Code Section 2.04.030 is amended to read as follows: Duties of Mayor. A.The Mayor is a City Council Member with all the powers and duties of a City Council Member. The Mayor may make or second motions and otherwise participate fully in the workings of the City Council. The Mayor shall vote on all questions. Whenever the vote is taken by means of a roll call, the Mayor's name shall be called last. B.The Mayor shall sign: 1.All warrants drawn on the city treasury. 2.All written contracts and conveyances made or entered into by the city for which the City Council is the awarding authority as specified in Chapter 3.28. 3.All instruments requiring the city seal. Exhibit 1 Dec. 5, 2023 Item #8 Page 3 of 7 The City Council may by ordinance authorize other officers of the city to sign such documents if the Mayor and Mayor Pro Tempore are both absent or unable to act. C.The Mayor shall be the official head of the city for all ceremonial purposes, and shall perform all other duties as may be prescribed by resolution or ordinance. D.Notwithstanding Section 2.04.030(8)(2), the City Council may by ordinance or resolution authorize the City Manager or designee to sign any written contract or conveyance on behalf of the city. Section Ill: Carlsbad Municipal Code Section 2.04.040 is amended to read as follows: 2.04.040 Eligibility for Office. A.To be eligible to hold office as Mayor, City Council Member, City Clerk or City Treasurer, a person must be an elector of the city at the time nomination papers are issued and must not have been convicted of a felony or other crime rendering the person ineligible under state law to hold public office. B.To be eligible to become a candidate for the office of City Clerk, a person must meet one of the following minimum criteria at the time nomination papers are issued: 1.The person must have obtained the designation of Certified Municipal Clerk from the International Institute of Municipal Clerks. 2.The person must have two years of full-time, salaried work experience in either business administration or public administration and possesses a bachelor's degree from an accredited college or university. C.To be eligible to become a candidate for the office of City Treasurer, a person must meet the following minimum criteria at the time nomination papers are issued: l.The person must have a four-year college degree majoring in business administration, public administration, accounting, finance or economics. 2.The person must have four years of financial work experience. 3.In lieu of the work experience required in the preceding subsection (2), the person may have one of the following: a.A valid certificate from the California State Board of Accountancy to practice as a Certified Public Accountant; b.A valid Chartered Financial Analyst credential or a Certificate in Investment Performance Management from the CFA Institute; c.A valid Certified Investment Management Analyst certification from the Investments & Wealth Institute; or d.A valid Certified California Municipal Treasurer designation from the California Municipal Treasurers Association. D.Notwithstanding California Government Code Section 53227 or any successor statute regulating the eligibility of a local agency employee to serve on the local agency's legislative body, the Mayor or a City Council Member may simultaneously serve, without compensation, as a city volunteer subject to all applicable federal and state laws, municipal Dec. 5, 2023 Item #8 Page 4 of 7 ordinances and rules and regulations, including conflict of interest and ethics laws, ordinances, rules and regulations. 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 the full text of the ordinance or a summary of the ordinance prepared by the City Attorney 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 5th day of December, 2023, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Dec. 5, 2023 Item #8 Page 5 of 7 Exhibit 2 2.04.030 Duties of Mayor. A.The Mayor is a City Council Member with all the powers and duties of a City Council Member. The Mayor may make or second motions and otherwise participate fully in the workings of the City Council. The Mayor shall vote on all questions. Whenever the vote is taken by means of a roll call, the Mayor’s name shall be called last. B.The Mayor shall sign: 1.All warrants drawn on the city treasury. 2.All written contracts and conveyances made or entered into by the city for which the City Council is the awarding authority as specified in Chapter 3.28. 3.All instruments requiring the city seal. The City Council may by ordinance authorize other officers of the city to sign such documents if the Mayor and Mayor Pro Tempore are both absent or unable to act. C.The Mayor shall be the official head of the city for all ceremonial purposes, and shall perform all other duties as may be prescribed by resolution or ordinance. D.Notwithstanding Section 2.04.030(B)(2), the City Council may by ordinance or resolution authorize the City Manager or designee to sign any written contract or conveyance on behalf of the city. Dec. 5, 2023 Item #8 Page 6 of 7 Exhibit 3 2.04.040 Eligibility for Office. A.To be eligible to hold office as mayorMayor, city City council Council memberMember, city City clerk Clerk or city City treasurerTreasurer, a person must be an elector of the city at the �me nomina�on papers are issued and must not have been convicted of a felony or other crime rendering the person ineligible under state law to hold public office. B.To be eligible to become a candidate for the office of city City clerkClerk, a person must meet one of the following minimum criteria at the �me nomina�on papers are issued: 1.The person must have obtained the designation of certified Certified municipal Municipal clerk Clerk from the International Institute of Municipal Clerks. 2.The person must have two years of full-time, salaried work experience in either business administration or public administration and possesses a bachelor’s degree from an accredited college or university. C.To be eligible to become a candidate for the office of city City treasurerTreasurer, a person must have a four-year college degree in finance or business-related field and four years of financial work experiencemeet the following criteria at the �me nomina�on papers are issued.: 1.The person must have a four-year college degree majoring in business administra�on, public administra�on, accoun�ng, finance or economics. 2.The person must have four years of financial work experience. 3.In lieu of the work experience required in the preceding subsec�on (2), the person may have one of the following: a. A valid cer�ficate from the California State Board of Accountancy to prac�ce as a Cer�fied Public Accountant; b.A valid Chartered Financial Analyst creden�al or a Cer�ficate in Investment Performance Management from the CFA Ins�tute; c.A valid Cer�fied Investment Management Analyst cer�fica�on from the Investments & Wealth Ins�tute; or a.d. A valid Cer�fied California Municipal Treasurer designa�on from the California Municipal Treasurers Associa�on. D.Notwithstanding California Government Code Sec�on 53227 or any successor statute regula�ng the eligibility of a local agency employee to serve on the local agency’s legisla�ve body, the mayor Mayor or a city City council Council member Member may simultaneously serve, without compensa�on, as a city volunteer subject to all applicable federal and state laws, municipal ordinances and rules and regula�ons, including conflict of interest and ethics laws, ordinances, rules and regula�ons. Dec. 5, 2023 Item #8 Page 7 of 7 Sheila Cobian, Legislative & Constituent Services Director Dec. 5, 2023 Carlsbad Municipal Code Chapter 2.04 Elected Officials 1 PROPOSED ACTION Introduce an Ordinance amending Carlsbad Municipal Code Chapter 2.04 – Elected Officials, specifically 2.04.030 – Duties of Mayor and Section 2.04.040 – Eligibility for Office ITEM 8: REVISIONS TO CMC CHAPTER 2.04 – ELECTED OFFICIALS 2 SECTION 2.04.030 – DUTIES OF MAYOR Revision to allow City Council to delegate the authority to sign written contracts and conveyances to the City Manager 3 ITEM 8: REVISIONS TO CMC CHAPTER 2.04 – ELECTED OFFICIALS SECTION 2.04.040 (A) – QUALIFICATIONS TO HOLD OFFICE Revision to specify that people convicted of a felony or other crimes specified by state law are ineligible to hold public office in the City of Carlsbad 4 ITEM 8: REVISIONS TO CMC CHAPTER 2.04 – ELECTED OFFICIALS SECTION 2.04.040 (C) – ELIGIBILITY TO SERVE AS CITY TREASURER Revision to provide clear and verifiable criteria for the position of City Treasurer •Must have four-year college degree in business administration, public administration, accounting, finance or economics •Must have four years of financial work experience 5 ITEM 8: REVISIONS TO CMC CHAPTER 2.04 – ELECTED OFFICIALS SECTION 2.04.040 (C) – ELIGIBILITY TO SERVE AS CITY TREASURER In lieu of the specified work experience, a candidate for City Treasurer may have one of the following: •Certificate from California Board of Accountancy to practice as a Certified Public Accountant •Chartered Financial Analyst Credential or Certificate in Investment Performance Management •Certified Investment Management Analyst Certification •Certified California Municipal Treasurer Designation 6 ITEM 8: REVISIONS TO CMC CHAPTER 2.04 – ELECTED OFFICIALS RECOMMENDED ACTION Introduce the Ordinance amending Carlsbad Municipal Code Chapter 2.04 – Elected Officials, specifically 2.04.030 – Duties of Mayor and Section 2.04.040 – Eligibility for Office 7 ITEM 8: REVISIONS TO CMC CHAPTER 2.04 – ELECTED OFFICIALS QUESTIONS? 8 ITEM 8: REVISIONS TO CMC CHAPTER 2.04 – ELECTED OFFICIALS