Oct 9 2018
Council authority or City Administrator authority?
Piedmont City Charter changes are in voters’ hands.
Piedmont ballot Measure CC on the November 6 ballot, if approved by a majority of Piedmont voters, will end the City Council’s authority to both hire and fire key-employees. Voters will find Measure CC at the end of their Piedmont ballot.
Piedmont’s City Administrator initiated the City Charter amendment removing the City Council’s authority to evaluate, direct, and fire the Council-hired key-employees – Fire Chief, Police Chief, Finance Director, Recreation Director, etc.
Under Measure CC, key-employees chosen by the Council would no longer serve “at the pleasure of the City Council;” they would serve “at the pleasure of the City Administrator.”
Opponents to Measure CC, changing the City Charter’s reporting authority, have emphasized the need to retain the City Council’s authority and not transfer their authority to a City Administrator on key Council chosen employees – Police Chief, Fire Chief, Finance Director, Recreation Director, etc.
Piedmont’s system of governance is based on a “strong” five member City Council. Unlike many other cities, Piedmont does not have a “strong” mayor. The Council elects Piedmont’s mayor from amongst their five members. Piedmont’s mayor has little authority, except by City Charter or Council direction.
Neither the City Council, nor the mayor, directs the day to day administration of the City. This task is designated by Charter to the City Administrator. Working collaboratively with the City Administrator, the City Council currently hires, evaluates, compensates, directs, and fires key employees. Individual Council members are not allowed by Charter to individually direct City employees.
Measure CC would remove Council authority in interactions with key-employees except hiring. Council authority over key-employees, including evaluations, direction, and firing, would be transferred exclusively to the City Administrator. Under the proposed Charter change, the Council would be forbidden to govern as currently allowed and long practiced. This change would essentially transform Piedmont into a version of City Manager government.
Piedmont’s current City Administrator originally proposed that the City Administrator would have total authority to hire, evaluate, direct, and fire key-employees without Council involvement thinking this would be a better administrative process.
The Council chose to retain their hiring authority of the key- employees, while in the proposed Measure CC, relinquish to the City Administrator their authority over evaluations, directions and terminations of their Council hired key- employees.
The concept of Measure CC – the Council hires, but cannot fire law – is a new and untested system. There have been no reports of problems resulting from Piedmont’s current form of government. Rather, Piedmont’s successful government structure has been sought out by others.
Measure CC is presented as a package on the ballot, meaning the various parts are inseparable from the whole, and must be voted upon as a whole.
The ballot language for Measure CC states:
Measure CC –
CHARTER AMENDMENT MEASURE CC “Shall the measure amending the Charter of the City of Piedmont to clarify the duties and reporting structure for officers and employees of the City be adopted?”
Arguments for and against have been filed. Theses arguments can be read below by clicking on each item. Additionally, the arguments can be found in each voter’s Voter Information Guide.
Partial Outline of Measure CC items:
- SECTION 3.01 – Officers and Employees
This section is amended to clarify that the City Administrator and City Attorney are appointed, directed, and serve at the pleasure of the City Council. It also clarifies that other officers of the City are appointed by the City Council, but are directed and serve at the pleasure of the City Administrator.
- SECTION 3.03 – City Administrator
This section is amended to clarify that the City Administrator is responsible for the direction and removal of officers of the City, with the exception of the City Administrator and City Attorney.
- The following sections are amended to clarify the reporting structure mentioned above and to make other minor clarifications:
SECTION 3.05 – City Clerk
SECTION 3.06 – City Attorney SECTION 3.07 – Department of Finance SECTION 3.08 – Police Department SECTION 3.09 – Fire Department SECTION 3.11 – City Engineer SECTION 3.12 – Planning Director
- SECTIONS 3.10 – Dept. of Public Works and 3.13 – Dept. of Parks and Recreation In addition to being amended regarding the reporting structure mentioned above, these sections are amended to place the responsibility for maintenance of park lands and recreational facilities in the Public Works Department, which conforms the Charter to long standing practice. The word “Parks” is also struck from the name of the Department of Recreation and the title of the Director of Recreation to reflect this amendment.
Read the full City staff report HERE