The City Charter currently states the elected 5 member City Council has the hiring, retention, and dismissal control over the top employee positions – Fire Chief, Police Chief, Finance Director, Recreation Director, etc.

Measure CC  takes authority and control from the elected Council regarding Department Heads and gives authority and control to the unelected City Administrator.

Measure CC forbids the City Council by Charter from continuing to determine if their Fire Chief, Police Chief, Finance Director, Recreation Director, etc. should remain in their positions.  The City Administrator will be the only person in Piedmont able to retain or dismiss the key-employees the City Council recruited and hired.

MEASURE  CC asks, “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?”

Voters will decide whether to keep the City Charter as written or change it by voting Yes or No on Measure CC. The choice is as follows:

• Keep the City Charter, as is, with City Council controlling  = Vote NO

• Change the City Charter placing City Administrator in control = Vote YES

Proponents of Measure CC overstate the ambiguity of the City Charter.

First, the Charter defines two job categories: officers (department heads) and employees (everyone else). The current Charter is clear that Council hires/fires and provides direction to officers. The Charter does not say that Council will “manage” departments.

For the City Administrator, the Charter states:

“The City Administrator shall be the chief administrative officer of the city and shall be responsible to the City Council for the administration of all City affairs placed in his/her charge by or under this Charter.

The administrator shall have the following powers and duties:
(1) Shall appoint, discipline, and, when deemed necessary for the good of the City, suspend or remove City employees except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter.
(2) Shall supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law and except further that the internal administration of each department shall remain with each department head.”

Two points. Google “chief administrative officer” – by definition it says this position does not have the authority to dismiss department heads. All other authority is clearly defined in the Charter – the City Administrator supervises all departments and can fire employees while department heads administer their departments.

So drafters of the Charter crafted a very specific management structure for the city, yet proponents claim this is not how City Hall is run. If so, is the question really that of an ambiguous Charter or City Council and City Administrator who aren’t following the Charter?

Department heads have been disciplined by Council and Council implemented a performance appraisal program to evaluate department heads. Specific examples of problems with the management structure would help voters understand why they need change it.

And judging by the satisfaction most Piedmonters state with city services, they don’t want a change.

Vote NO on CC.

Garrett Keating, Former Piedmont City Council Member

The League of Women Voters of Piedmont is hosting an election forum in advance of the November 6, 2018 General Election.

The Forum will feature candidates for City Council and School Board, as well as speakers for and against changing the Piedmont City Charter – ballot measures BB & CC. 

Piedmont Election Forum

Thursday, Oct. 11, 2018 

7:00 pm – 9:00 pm

Piedmont City Council Chambers

There are four candidates for City Council and four candidates for School Board who will present their positions and take questions from the audience.

Names are listed below in the order found on the ballot. 

Candidates for City Council are:

Tim Rood    Incumbent

Betsy Smegal Andersen    Appointed Council member

Teddy Gray King    Incumbent

Sunny Bostrom-Flemming

“

Candidates for Board of Education are: 

Julie Caskey 

Megan Pillsbury

Hari Titian

Amal Smith    Incumbent

“

Measures BB and CC

Presentations will be made for and against Measures BB and CC, the proposed City Charter changes, followed by questions from the audience.

Home viewers can tune in live to the Forum on Piedmont Cable Channel #27 or by going to the City of Piedmont website under videos.  The Forum will be available after October 11 on the City website under videos:  League of Women Voters, October 11 Forum. 

Bret Black is scheduled to be appointed by the Piedmont City Council as Piedmont Fire Chief at a starting salary of $193,164.  The appointment and employment conditions resolution will be considered at the Monday, September 17, 2018, Piedmont City Council meeting, 7:30 p.m., City Hall.  The meeting will be broadcast live via Cable Channel 27 and the City website under videos. See full employment agreement linked below.

The Council selected Black after interviewing two of the 27 applicants for the position of Fire Chief.  Upon Council appointment, Bret Black will serve as Fire Chief, effective October 1, 2018.

The Fire Chief vacancy occurred when Fire Chief Warren “Bud” McLaren announced his intention to retire, effective July 6, 2018. McLaren had served the City of Piedmont for thirty years.

The City Council retained the services of Peckham & McKenney, a Sacramento based executive search firm. Peckham & McKenney advertised the employment opportunity extensively, using personal outreach, traditional print and electronic marketing, as well as social media. As a result of the recruitment efforts, 27 applicants submitted resumes for consideration. After reviewing each of the resumes and conducting on-line research on applicants who appeared most qualified, the recruiter selected twelve candidates to undergo screening interviews.

The City Council interviewed two pre-screened finalists and selected Bret Black.

“The employment resolution proposed for Council consideration contains all elements common to other Department Heads. The proposed annual salary is $193,164, which is the amount earned by Chief McLaren upon his retirement. Should the City Council approve the appointment and the resolution, Mr. Black’s first day with the City will be on Monday, October 1, 2018.”

“The City Council wishes to acknowledge the special public service rendered by the City’s management personnel. Management personnel consists of all department heads and the City Administrator. Under the operational coordination of the City Administrator, management personnel are responsible for producing the quality and effectiveness of City services, as required by the City Council.”

There will be a 3% annual salary increase for Black during the term of the resolution.

3.1 Salary – Monthly:  The monthly rate of pay for the Fire Chief is $16,097. The rates of pay shown reflect the following cost-of-living increases during the term of this Resolution:

• % Increase Monthly Effective 7/1/2019 3% $16,580
• Effective 7/1/2020 3% $17,078
• If, during the term of this Resolution, any other bargaining unit is offered a cost of living increase greater than the increases shown above for the same fiscal year, then the difference between the increase for the other bargaining unit and the increase provided under this Resolution will take effect for the Fire Chief.

The City Administrator will make recommendations on future compensation for consideration and action by the City Council.

THE CITY COUNCIL RESOLUTION ADHERES TO THE CITY CHARTER BY STATING COUNCIL AUTHORITY FOR BOTH HIRING AND FIRING OF THIS KEY EMPLOYEE.

“10.2 Termination: Pay Upon termination or resignation requested by the City Council, the City will provide the employee at least one (1) month’s pay and benefit coverage as set forth in Sec. 3 hereof, or more at its discretion. This section would not apply in the event of the employee’s voluntary resignation or removal from office involving conviction of a felony, gross negligence or dereliction of duty, dishonest or immoral conduct, intemperance which interferes with job performance or conviction of a misdemeanor involving moral turpitude.”

READ the full staff report and proposed compensation agreement linked below:

http://www.ci.piedmont.ca.us/html/govern/staffreports/2018-09-17/appoint-fire-chief.pdf

Bidding procedures, Council authority regarding Council-hired key employees, candidates for City Council, meeting requirements, etc.

On their November 2018 ballot, Piedmont voters will have two ballot measures, BB and CC, proposing changes to Piedmont’s City Charter.  To become law, changes to the City Charter require a majority of Piedmont voters voting on the measures to approve the measures.  The proposed changes are extensive, ranging from how Piedmont government operates to bidding requirements.

 Arguments for and against the City Charter changes have been filed by proponents and opponents. 

Click below to read the pro and con arguments to be printed in voter information pamphlets. 

~~~~~~~ 

Measure BB – Reduction in bidding requirements,  procedural changes, candidacy for City Council, meeting requirements, etc. 

CHARTER AMENDMENT MEASURE BB “Shall the measure amending the Charter of the City of Piedmont to modify procedures for filling of vacancies in elected offices for City Council and Board of Education for the Piedmont Unified School District, modify term limits for the City Council, and making other clarifying amendments regarding City recordkeeping, format of City ordinances, public posting, City contract approval, operation of City Council meetings, and other minor technical amendments, be adopted?”

• Direct Argument in Favor < In Favor of Measure BB
• Direct Argument Opposed < Opposed to Measure BB
• Rebuttal to Argument in Favor < Opposed to Measure BB
• Rebuttal to Argument Opposed < In Favor of Measure BB

~~~~~~

Measure CC – Eliminates Council authority over  Council-hired key employees  –

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?”

• Direct Argument in Favor < In Favor of  Measure CC
• Direct Argument Opposed < Opposed to Measure CC
• Rebuttal to Argument in Favor < Opposed to Measure CC
• Rebuttal to Argument Opposed < In Favor of Measure CC

City Charter Measures BB and CC will be on Piedmont November 6, 2018 Ballots.

Updated 8/29/18

Council would hire, but could not fire.

Facing a strong Administrative staff proposal to diminish the Piedmont City Council’s authority and control, the Council appeared confused, lacking clarity or direction.  Council members questioned issues as basic as whether the Council or the City Administrator should hire and fire the City’s top managers – Police Chief, Fire Chief, Finance Director, etc.

The City Council had paid little attention to the City Charter until there was a desire to accumulate ever greater amounts of revenue in reserve, without clear and specific purposes.

Overriding the unlimited reserve issue became the Administrative staff desire to change how Piedmont is governed. 

The review and changes to the City Charter had been pushed by former and resigned mayor, Jeff Weiler, who wanted the City to not only have a permanent, potentially escalating parcel tax, but who wanted the City to garner and retain in the General Fund Reserves unlimited amounts of revenue.

The City Council asked the Administrative staff to look at the City Charter and propose changes.   The Council was eager to allow the staff to construct their proposals independent of Council originated ideas. Individual Council members were to privately, outside of Council meetings,  submit to the City Administrator Charter changes they wanted.

The Administrative staff came up with a monumental proposed change to Piedmont’s long-held system of governance. The Charter changes proposed will significantly reduce Piedmont’s City Council’s long-held authority and Council responsibility for City services.

City Administrator, Paul Benoit, proposed that the City Council should no longer appoint top Department Heads, Police Chief, Fire Chief, Finance Director, Public Works Director, etc., he, the City Administrator, should have complete hiring and firing authority.

The Council did not totally accept Benoit’s proposal and chose to continue their long-held practice of hiring key positions.  The Council however, relented on Benoit’s proposal to allow him, the City Administrator, to be the sole individual authorized to fire key staff members hired by the Council.

The Council, in deference to Benoit, who is well liked by the Council, was also willing to forfeit their right as a Council to direct the Police Chief, Fire Chief, etc.  The Charter revisions as proposed will require all Council direction to go through the City Administrator, even if the Administrator position is vacated or terminated.  If there is a conflict with the City Administrator and a Council hire, the only choice the Council will have is to fire the City Administrator.

Mayor Bob McBain wanted to totally relinquish to the City Administrator the Council’s hiring and firing authority, but this was not supported by other Council members.

The City Administrator proposed governance is a form of governance traditionally found in cities with directly elected mayors who have more executive authority than Piedmont’s largely ceremonial Council-selected mayor, rotating among  their members with limited powers as set out in the City Charter. 

Council questions regarding Charter language stating the Council has authority “to direct” their appointees led to further Council confusion.  Despite specific existing language in the City Charter stating Council members as individuals are not allowed to direct staff members, Benoit argued he did not want the Council as a whole to be able to direct staff members even during Council meetings or emergency situations.

Individual Council members have been known to direct staff without the knowledge of the Council as a whole perhaps encouraged by a City Administrator.  It can be easier and faster for an administrator to gain direction from one person, a Council member, the mayor, than from a majority of the Council as required by the City Charter. 

The City Council and the City Administration, including the City Attorney, in recent years have not been attentive to the intent or language in the City Charter.  Since Piedmont’s long-term attorney retired, a great amount of knowledge on the City Charter has apparently been lost or ignored.

In considering proposals for changing Piedmont’s City Charter, the City Council has held a number of poorly attended, fragmented public meetings.  No independent committee, as in previous years, was formed to carefully consider the complex and important City Charter despite a number of citizen requests. Because of various voids in the questionable proposals, it is obvious  the entire Charter was not carefully considered nor discussed leaving many questioning the process and the proposals.

Significant current issues were never considered during the Council Charter review process. 

Some examples are:

• requirement for voters to make zoning changes
• borrowing money for more than one year
• Council officer vacancies
• bid advertisements and notifications

The Council agenda for Monday night appears to acknowledge that the Council, City Administrator, and City Attorney have not upheld Piedmont’s City Charter. 

The Council agenda items for the Monday, July 16, 2018 meeting rebuffs the City Charter when it states “Conform to Modern Practice.”  No one would want the City Charter to perpetuate unlawful practices; however, “Modern Practices” infers and confirms non-compliance with Piedmont’s long successful and practical City Charter.  Prime examples of ignoring the Charter are the usurpation of Council authority, borrowing money, and negation of voter approval for zoning changes.

The Council decided to separate the governance issue from the remainder of the Charter revision proposals after sensing the potential opposition to turning over long-held Council authority to the City Administrator.  Piedmont voters will find little transparency in the attempt to change Piedmont governance as noted in the staff report below:

Amendments to the City Charter to Clarify the Reporting Structure for Officers of the City, Clarify the Departments Responsible for Maintenance of Park Lands and Recreational Facilities, and Make Other Amendments to Conform the Charter to Modern Practice 

 Council dropped notion of unlimited General Fund Reserves.

When Kathleen Quenneville, a local authority on civic governance, told the Council that the Charter proposal to eliminate the cap on General Fund Reserves would not be supported by voters, the Council promptly removed the proposal, as it is their desire to not initiate opposition to Council proposals since a prospective voter approved future facilities bond measure is being considered.  Concern was expressed by Council members wanting to keep voters positive about Council actions and proposals, leading to the unlimited General Fund Reserves being dropped, and the separation of City Administration governance from other proposals.

This article does not describe the many other proposals suggested by the Council, however urgency does not appear to be present.  Items continuing to be of concern are:

• Inconsistencies between the School Board and Council elections – School Board members could seek re-election after sitting out for 4 years, whereas City Council members must sit out for 8 years, unknown in other communities
• Extension of time to fill Council vacancies from 30 days to 60 days

The Charter change matter will be considered by the Council at 7:30 p.m., Monday, July 16, 2018 in City Hall, 120 Vista Avenue.  The meeting will be broadcast live on Cable Channel 27 and from the City website under videos.

Comments can be made to the City Council as below:

Robert McBain, Mayor	rmcbain@piedmont.ca.gov	(510) 420-3048	2nd Term Exp. 11/20
Teddy Gray King, Vice Mayor	tking@piedmont.ca.gov	(510) 420-3048	1st Term Exp. 11/18
Jennifer Cavenaugh	jcavenaugh@piedmont.ca.gov	(510) 420-3048	1st Term Exp. 11/20
Tim Rood	trood@piedmont.ca.gov	(510) 239-7663	1st Term Exp. 11/18
Betsy Smegal Andersen	bandersen@piedmont.ca.gov	(510) 420-3048	Unexpired Term Exp. 11/18

Below are the staff reports: 

07/16/18 – Consideration of the Following Actions Related to the Possible Amendment of the City Charter

a. Approval of a Resolution and Measure Proposing Amendments to the City Charter to Modify Term Limits for the City Council, Modify the Procedures for Filling of Vacancies in Elected Offices, and Make Other Amendments to Conform the Charter to Modern Practice

b. Approval of a Resolution and Measure Proposing Amendments to the City Charter to Clarify the Reporting Structure for Officers of the City, Clarify the Departments Responsible for Maintenance of Park Lands and Recreational Facilities, and Make Other Amendments to Conform the Charter to Modern Practice 

07/16/18 – Consideration of Options Regarding a Direct Argument and a Rebuttal Argument Regarding the Charter Amendment Measure on the November 6, 2018 Ballot