SR 07-12-2022 11C
City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 11.C
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To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department
Subject: Adoption of a Resolution Placing a Ballot Measure on the November 8, 2022
Ballot to Amend Section 1011 of the City Charter
Recommended Action
Staff recommends that the City Council adopt the attached resolution (Attachment A)
submitting to the voters a measure amending City Charter Section 1011 to change the
eligibility requirements for service on the Personnel Board to include, in addition to City
residents, residents of Los Angeles County who are natural persons and are either
employed full-time within the City, or who own real property in the City, or who have
been issued a business license by the City, and to reduce the term of service for Board
members from five years to four years; and to direct actions necessary to place the
measure on the November 8, 2022 Municipal ballot.
If the resolution placing an amendment to Section 1011 of the City Charter on the
November 8, 2022, ballot (Attachment A) is approved, staff also recommends that the
Council authorize City Council members to file written arguments for or against the
measure and direct the City Attorney to prepare an impartial analysis.
Executive Summary
Consistent with the City’s efforts to expand civic engagement and promote inclusive
participation in the civic process, staff recommends that the City Council adopt a
resolution to place a measure on the November 8, 2022, general election ballot
amending the City Charter’s Personnel Board eligibility requirements to include in
addition to City residents, individuals that live in Los Angeles County and are either
employed full time in the City of Santa Monica, or own property in the City, or have been
issued a business license by the City. Staff also recommends amending the term of
service for Personnel Board members from five years to four years to make the position
more attractive to prospective applicants and to align Personnel Board member terms
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with the terms of the members of other City boards and commissions. This
recommendation aligns the Personnel Board with several other City Boards and
Commissions that have less restrictive membership requirements.
Background
The Personnel Board is a 5-member advisory body to the City Council and Human
Resources Director on matters pertaining to personnel administration and is a quasi-
judicial review body for hearing employee appeals of certain disciplinary actions. In
conducting its business, the Board considers the rights and interests of City employees,
the City administration and the citizens and taxpayers of Santa Monica.
From September 2018 to the present, four Personnel Board members had reached their
term limit. At one point, four out of the five members on the Board were serving past
their term. Given the importance of the Board’s work to the administration of City
personnel by the Human Resources department, these Board members were asked by
staff to continue their service until a replacement could be appointed. Staff believed this
to be necessary to ensure that the requisite quorum was present for the Board to
continue performing its essential functions under the City’s Charter and Municipal Code,
including the review and approval of new or amended job class specifications and the
prompt resolution of City employee disciplinary appeals.
Given the past challenges with recruiting new members, the Personnel Board discussed
at its regular meetings on May 27, 2021, July 22, 2021, March 3, 2022, and March 24,
2022, the difficulty staff has had with convincing residents to apply for appointment to
the Personnel Board. Furthermore, recruitment efforts since September 2018 have
resulted in only two successful applicants that would eventually be appointed by the City
Council to serve on the Board. In 2021, following the Council’s announcement at one of
its regular meetings of open Personnel Board positions, the City received only three
applications. Staff was expecting more applications in order to present the City Council
with a more diverse applicant pool.
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Discussion
To gain a better understanding of why residents were not applying to serve on the
Personnel Board, the Board requested City staff to undertake a comprehensive review
of the Personnel Board’s eligibility requirements for service. Staff’s assessment
revealed that approximately nine City boards or commissions have less restrictive and
more inclusive eligibility requirements that allow for City residents and non-residents to
apply for and serve on those boards and commissions. Staff identified the Architectural
Review Board, Arts Commission, Building and Fire-Life Safety Commission,
Commission on Sustainability, Environmental Justice, and the Environment, Urban
Forest Task Force, Santa Monica Pier Corporation, and Downtown Santa Monica, Inc.
as having less restrictive and more inclusive eligibility requirements than those of the
Personnel Board.
Currently the City Charter limits eligibility to serve on the Personnel Board to only those
persons that are “residents of the City.” This limitation has proven too restrictive to
recruit new Board members and that has resulted in staff having difficulty ensuring that
the Board has a sufficient number of members to allow it to fulfill its essential functions.
Furthermore, staff’s review also revealed that other City boards and commissions have
a standard 4-year term for service instead of the current 5-year term for Personnel
Board members. Staff believes that a 5-year term is too lengthy of a commitment and
that reducing this commitment will be more appealing to prospective applicants.
Prior to recommending a change to its eligibility requirements, the Personnel Board
requested staff to enhance its recruitment and promotion efforts for vacant board
positions in addition to the standard City Clerk postings that staff regularly performed.
Board members themselves participated in the recruitment by networking with personal
and professional relationships and gauging interest. Staff also sent email
advertisements to the various neighborhood association groups that the City has a
relationship with and posted the vacant positions on several City social media accounts.
Staff even enlisted the assistance of the Council which allowed for the vacant Personnel
Board positions to be announced at one of the council meetings from the dais.
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Current Policies
The City Charter as it relates to the Personnel Board states the following:
Article X, Section 1011. Personnel Board.
There shall be a Personnel Board consisting of five members to be
appointed by the City Council from the residents of the City. To be
eligible for appointment, each appointee shall neither hold public office
or employment nor be a candidate for any other public office or position
and shall not be an officer of any local, state, or national partisan
political club or organization.
The members of the Personnel Board shall serve for a term of five years and until their
respective successors are appointed and qualified. The terms of such members shall be
staggered so that the term of one thereof shall expire on each succeeding July 1st. Any
vacancy on the Board shall be filled by the City Council for the unexpired term.
(Amended by Ord. No. 1051CCS, adopted April 12, 1977; amended at General
Municipal Election, November 6, 2018, certified by Res. No. 11154CCS)
Given the challenges recruiting candidates for the Personnel Board over the last several
years, staff recommends expanding the membership qualifications. Staff also believes
this is an important strategy in having a Personnel Board membership reflective of the
diversity of City staff. Although the Personnel Board takes pride in having members that
live in the same community that it serves, Board members recognize that opportunities
to attract competent, diverse, and interested applicants are being lost by limiting
recruitment to those that only live within City limits. The City has a demographic makeup
that is not reflective of City staff. As of May 2022, 65% of Santa Monica employees are
black, indigenous, and persons of color (BIPOC), whereas 77% of the residents of the
City of Santa Monica are white. Relaxing or removing the current residency requirement
would allow the Board to ensure that its membership can better reflect the City’s
workforce.
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Because the Personnel Board performs an essential function in the administration of
City personnel, the City has taken several measures to actively recruit interested parties
to apply for service on the Board. Staff’s recruitment efforts are consistent with the City
Council’s priorities of supporting civic engagement, connecting communities, and
providing the public with access to resources and opportunities. An amendment to the
City Charter to expand Personnel Board eligibility requirements from just City
residents to also include natural persons who live in Los Angeles County and are
employed full-time in the City of Santa Monica, or who own real property in the City, or
who have been issued a business license by the City, would foster a welcoming
environment and would help address the current recruitment challenges for the
Personnel Board. Additionally, amending the eligibility criteria will create greater access
to a more diverse pool of prospective civic contributors that can serve on the Personnel
Board.
Next Steps
The California Elections Code allows for the City Council to amend the City Charter on
its own motion and to submit the proposed amendment to the voters at an established
statewide general election, provided there are at least 88 days before the election.
Financial Impacts and Budget Actions
The cost of adding the measure to the November 8, 2022, ballot is included in the FY
2022-23 in the Records & Election Services (City Clerk) Department.
Prepared By: Sasha Sargent, Executive Administrative Assistant
Approved
Forwarded to Council
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Attachments:
A. Reso re PB Eligibility Rqmts (7-12-22)
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City Council Meeting: July 12, 2022 Santa Monica, California
RESOLUTION NUMBER _____ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SUBMITTING TO THE VOTERS A MEASURE TO AMEND SECTION 1011 OF THE
CITY CHARTER TO CHANGE THE ELIGIBILITY REQUIREMENTS FOR SERVICE ON
THE PERSONNEL BOARD TO INCLUDE, IN ADDITION TO CITY RESIDENTS,
RESIDENTS OF LOS ANGELES COUNTY WHO ARE NATURAL PERSONS THAT
ARE EMPLOYED FULL-TIME WITHIN THE CITY, OR WHO OWN REAL PROPERTY
IN THE CITY, OR WHO HAVE BEEN ISSUED A BUSINESS LICENSE BY THE CITY;
AND TO REDUCE THE TERM OF SERVICE FOR BOARD MEMBERS FROM FIVE
YEARS TO FOUR YEARS
WHEREAS, Section 1011 of the City Charter of the City of Santa Monica has
established a Personnel Board that is comprised of City residents and acts in an
advisory capacity to the City Council of the City of Santa Monica on all matters
concerning the administration of personnel in the Civil Service of the City; and
WHEREAS, the Personnel Board is required by the City Charter to, among
other things, preside over employee disciplinary appeals and review new or
amended classifications of City employee positions in the Classified Service, and to
approve those classifications when appropriate before they can be referred to the
City Council for final consideration and adoption; and
WHEREAS, the City Charter provides for a term of service of four years for
the members of the other City boards and commissions established by the Charter,
but requires a term of five years for the members of the Personnel Board; and
WHEREAS, on July 24, 2018, the City Council adopted Resolution No. 11129
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which proposed a measure later approved by the voters and that, among other
things, amended Section 1011 of the City Charter to change the eligibility
requirements for service on the Personnel Board from “qualified elector” of the City
to “resident” of the City in order to support the City’s efforts to expand civic
engagement and to facilitate the recruitment of prospective applicants for service on
the Board; and
WHEREAS, since 2018 to the present, at least four Personnel Board members
had reached their service term limit and—due to the Board’s essential function and the
importance of its work for the administration of City personnel —were asked by City staff
to continue their service until replacements could be appointed, which resulted in lengthy
extended terms of several years for those Board members who graciously agreed to
continue their service; and
WHEREAS, despite the City’s ongoing best efforts at promoting public service
and at generating interest amongst City residents and other forms of community
outreach, there still remains difficulty in recruiting prospective applicants to serve on the
Personnel Board; and
WHEREAS, expanding the eligibility requirements for service on the Personnel
Board to also include, in addition City of Santa Monica residents, Los Angeles County
residents who are natural persons that are employed full-time within the City, or who
own real property in the City, or who have been issued a business license by the City;
and
WHEREAS, reducing the term for service for Personnel Board members from five
years to four years will align the Personnel Board with the City’s other boards and
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commissions, and will result in a shorter commitment and thus make vacant Personnel
Board positions more appealing to prospective applicants; and
WHEREAS, pursuant to California Elections Code Section 10403, the City
Council has previously requested that the County of Los Angeles consent and agree to
the consolidation of all aspects of a General Municipal Election with the Statewide
General Election scheduled for Tuesday, November 8, 2022, for the purpose of electing
members of the Santa Monica City Council, the Santa Monica Rent Control Board, the
Santa Monica-Malibu Unified School District, and the Santa Monica College Community
College District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1. At the General Municipal Election called for November 8, 2022, the
following measure shall be submitted to the qualified electors of the City of Santa
Monica:
MEASURE "_":
Shall the City Charter be amended to: (a)
expand eligibility requirements for service
on the City’s Personnel Board to include,
in addition to City of Santa Monica
(“City”) residents, residents of Los
Angeles County that are employed full-
time within the City, or own real property
in the City, or have been issued a
business license by the City; and (b)
reduce the term of service for Personnel
Board members from five to four years?
YES ________
NO _________
SECTION 2. The City Clerk shall file a certified copy of this resolution with the
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Board of Supervisors and with the county election department of the County of Los
Angeles.
SECTION 3. The City of Santa Monica recognizes that additional costs may be
incurred by the County by reason of the addition of this measure to the ballot and agrees
to reimburse the County for any additional costs.
SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with
applicable law, a copy of the proposed measure. The City Attorney shall prepare an
impartial analysis of it, which shall not exceed 500 words in length. The impartial analysis
shall be filed by the date set by the City Clerk for the filing of primary arguments. ln
accordance with applicable law, not less than 10 calendar days before the City Clerk
submits the official election materials for printing, the City Clerk shall make a copy of all
applicable elections materials available for public examination in the City Clerk's office.
SECTION 5. The City Council authorizes its members, as follows, to file written
arguments for or against the measure described above and which is contained in Exhibit
1 to this Resolution, which Exhibit is incorporated by reference herein:
FOR:
AGAINST:
All written arguments filed by any person in favor of or against any measure,
including any rebuttal arguments, shall be accompanied by the names and signatures of
the persons submitting the argument as required by applicable law, and any names,
signatures and arguments may be filed until the time and date fixed by the City Clerk in
accordance with applicable law, after which no change may be submitted to the City
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Clerk unless permitted by law.
SECTION 6. The City Clerk shall cause the text of the measure, which is
contained in Exhibit 1, together with the City Attorney’s impartial analysis, and any
arguments for or against the measure, as well as any rebuttal, to be mailed to all qualified
voters with the sample ballot. In addition to other notices and publications required by
law, the City Clerk, not less than forty (40) days and not more than sixty (60) days before
the General Municipal Election, shall cause the text of the measure to be published once
in the official newspaper and in each edition thereof during the day of publication. The
City Clerk is authorized to give such notices and to fix such times and dates as are
required by law or which are appropriate to conduct properly the election.
SECTION 7. The provisions of Resolution Numbers 11425 (CCS) and 11426
(CCS) are referred to and incorporated into this resolution for more particulars
concerning the conduct of General Municipal Election to be held on November 8, 2022,
and in all respects the election shall be held and conducted as provided for by applicable
law. The City Clerk is authorized and directed to procure and furnish any official ballots,
notices, printed materials and all supplies or equipment that may be necessary in order
to properly and lawfully conduct the election.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_____________________
DOUGLAS SLOAN
City Attorney
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Exhibit 1
Section 1011 of the City Charter is amended as follows:
1011. Personnel Board.
There shall be a Personnel Board consisting of five members to be appointed by
the City Council. from the residents of the City. To be eligible for appointment, each
appointee shall be a natural person and who is either a resident of the City or is a
resident of Los Angeles County that is employed full-time within the City, or owns real
property in the City, or has been issued a business license by the City. An appointee
shall not hold public office or employment nor be a candidate for any other public office
or position and shall not be an officer of any local, state, or national partisan political
club or organization.
The members of the Personnel Board shall serve for a term of five four years and
until their respective successors are appointed and qualified. The terms of such
members shall be staggered so that the term of one thereof shall expire on each
succeeding July 1st. Any vacancy on the Board shall be filled by the City Council for the
unexpired term.
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Packet Pg. 346 Attachment: Reso re PB Eligibility Rqmts (7-12-22) [Revision 1] (5171 : Ballot Measure Resolution 2022- Personnel Board Eligibility)