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Mayor's office unveils proposed charter reform measures

by Melissa Corker, published on December 21, 2011 at 8:56 PM

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An executive mayor, an independent redistricting commission and new ethics and transparency guidelines were the highlights of a new plan to reform city government introduced by representatives from the mayor’s office Wednesday.

“This (proposal) represents how to fundamentally restructure how City Hall works,” Kunal Merchant, chief of staff to Mayor Kevin Johnson said Wednesday.

Merchant said the new charter reform proposal is based on previous reform ideas and represents three years of discussion with members of the public and city and community leaders throughout Sacramento. The proposed legal language was prepared by Nielsen Merksamer Parrinello Gross & Leoni – a local law firm that specializes in government, political and initiative law.

“You can’t just let one group of people have all the power,” Merchant said. “There needs to be checks and balances. There needs to be accountability and transparency in Sacramento.”

The mayor had prior commitments that prevented him from attending the press conference, Merchant said, but the charter reform proposal "goes beyond the mayor," he added.

Some of the significant reforms in the proposal – called the Sacramento Checks and Balances Act of 2012 by supporters – include:

* an executive mayor who proposes the city budget and has limited veto authority
* an independent city council presided over by a council-selected president. The council would have authority to override mayoral vetoes
* a code of ethics for city officials and a citizen’s ethics committee to lead an ethics review every two years
* voter approval of salary raises greater than 5 percent in any year for the mayor and council members
* “sunshine ordinances” that require key public records (including council votes, budgets and audit information) to be immediately available after council takes action

For the city charter to be changed, the state constitution requires an initiative to be placed on the ballot by the City Council for a public vote – something the City Council has previously been hesitant to do.

A “strong mayor” initiative was considered in 2008 after Johnson was elected as mayor, but that proposal faced steep criticism – and a lawsuit against the city initiated by local labor leader Bill Camp. The initiative ultimately failed to reach the ballot for 2010.

Now, three years after Sacramento was introduced to the notion by Johnson and his staff, the newest version is being touted as a more thorough and more responsible proposal.

“This is arguably the most important potential vote facing people in the coming years,” said Jeff Dorso, a local attorney and member of the coalition that supports the charter reform measure.

“It’s put together with public input and reflects a lot of the positive changes that have been requested,” he added. “It deserves to be weighed by the voters in 2012.”

Merchant said that, over the past three years, the mayor’s office has received many phone calls and emails from city residents with ideas, suggestions and critique of previous charter reform measures. That public input was considered in the creation of the new reform measure, Merchant said.

Supporters from local business groups, a local law enforcement union and building and development organizations spoke at the press conference Wednesday to encourage the City Council to allow the proposal to go to the voters in June.

“Just let the people have their say on the matter,” Pastor Darryl Heath of St. John’s Missionary Baptist Church said Wednesday. “That is true democracy. That is what we want. Just let the people vote on it.”

Heath said that members in the faith community have been disappointed by the conduct of the City Council, and the time has come for a change.

“The time has come for a city governed by one vision,” Heath said. “Right now we have eight visions for one city – we can’t work with a monster with so many heads.”

The new proposal would also change the way the city handles redistricting – the process of redrawing district lines to equalize population among the districts – which happens every 10 years.

The most recent redistricting process ended in September after months of discussions and recommendations by a citizens advisory committee, and resulted in new boundaries for city council districts that were largely drawn – not by the advisory committee – but by council members themselves.

The process was highly contentious among residents and council members alike and led to hundreds of residents speaking out at council meetings over the course of eight weeks.

With the new charter reform proposal, redistricting would happen under the authority of an independent redistricting commission whose decisions – unlike those of the recent Citizens Advisory Committee – would be binding.

Merchant said that the most critical aspect of the charter reform initiative is that voters will have the opportunity to vote it into place, and they will have the ability to reconsider the reform measures after eight years.

If city voters do not re-confirm the charter changes at the November 2020 election, Merchant said, then the reform package sunsets – it would be automatically repealed – at the end of December 2020.

“That gives voters the chance to make sure (the changes) are working for them,” Merchant said. “It gives a little time to see if the city has benefited from the changes or not. Either way, it’s up to the voters.”

The full charter reform proposal can be read here.

Merchant said City Attorney Eileen Teichert is reviewing the legal language of the Checks and Balances Act and will give an analysis of the proposal to the City Council at its Jan. 17 meeting.

Council members have until Feb. 28 to put the initiative on the June ballot.

Melissa Corker is a staff reporter with The Sacramento Press. Follow her on Twitter @MelissaCorker.

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December 21, 2011 | 9:50 PM
Same buzzwords--new package!
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edited on  December 22, 2011 | 11:47 AM
I wonder what our US Constitution would have looked liked, if after the revolution, one had simply written down his demands for how best to define this country's governance...without any deliberative process...take advantage of their individual popularity at the moment and simply send it to the states to vote on it...period.

Revising a charter is akin to revising a state or our US Constitution. What the mayor and his local monied interest and non-resident cohorts keep attempting to avoid is the the deliberative process and simply have our charter changed to their liking via a popularity contest.

"Deliberative democracy is a form of democracy in which deliberation is central to legitimate lawmaking. It adopts elements of both consensus decision-making and majority rule. Deliberative democracy differs from traditional democratic theory in that authentic deliberation, not mere voting, is the primary source of a law's legitimacy. Deliberative democracy is compatible with both representative democracy and direct democracy."

As compared to Despotism....as we saw in SMI I and to a slightly lesser extent in The Lighter Version.

When one looks at the current talking points...we again are confronted with not dealing with the non-majority aspect of 8 council districts....now needing nine, yet that's ok with this group, it can be dealt with later....let just get the city under the control of the mayor...Every decision of council would require a super majority...5-3...how convenient.

I have a better idea.

You want to spend our money and sell/lease our assets for individual self interests...you give us a binding vote on the arena financing scheme that involves all the city's public contribution...

You want to change our City's charter and form of government....then place a measure on the June ballot for the formation of a charter commission not a charter revision written at the request of one member of our city council.
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December 28, 2011 | 11:31 AM
It's terrifying that Mr. Burg and "Fifth Generation Sacramentan" don't want to allow voters to have their say about how their city government is run. Let us vote.
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edited on  December 29, 2011 | 11:10 AM
I guess I personally find it disquieting that a person with "TheTruthSquad" as an online moniker either has no understanding of the CA State Constitution or would deliberately try to subvert the charter revision process ordained by the CA constitution. And apparently prefers "revision by select special interest" as compared to a "Deliberative Democracy" type process.

Thanks for that reference FifthGen!

And TTS, how does encouraging a vote for a charter commission formation deny voters a say? Especially on something as important as revising our city's constitution?
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edited on  December 21, 2011 | 10:11 PM

Kevin Johnson was not at this press conference because they wanted to show that this is more about the city and our future than the current mayor getting more power. How could a press conference announcing an effort to make a historic change in the city's charter not be the more important event? Given his lack of attendance at council meetings (something he charged Fargo of doing in the last election) and his absence at this meeting, where are his priorities?

Here is my question - would the mayor be willing to agree to not let this proposal take effect until the next mayor is elected? I'm not just saying the election, but the next person. In my opinion, that would take Kevin Johnson out of the question and, as the supporters of this reform have argued, allow all attention to be placed on the proposed reform, instead of a person?

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December 21, 2011 | 11:05 PM
"Kevin Johnson was not at this press conference because they wanted to show that this is more about the city and our future than the current mayor getting more power"

I believe you're right. The only way he'd miss that press conference is if he thought it'd help him get the charter reform. And if you're right then he's not being transparent and he has a dishonest assistant. His assistant doesn't just work for the mayor- the mayor is a public servant- that assistant works for us and we expect HONESTY. The mayor has a problem being a "public servant" the current charter-- He wants to be CEO of the city-- and call it charter reform.
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December 21, 2011 | 10:09 PM
what the h-e double hockey sticks? “You can’t just let one group of people have all the power, There needs to be checks and balances." And yet he stands with SPOA, one group who appears to have all the power when it comes to budget and elections (through endorsements)

What the heck?? " There needs to be accountability and transparency in Sacramento.” What planet are these people on?? This coming from a mayor who has yet to be held accountable for his lack of addressing crime other than one hand washes the other find additional funding for SPOA during the budget (NOW SPOA washes the Mayors hand with his alleged charter reform).

What the heck Transparency?? Show us transparency and tell us WHY you are NOW, when approaching re-election and seeking charter reform addressing youth violence? I bet he won’t be honest, transparent or accountable for his lack of addressing violence.
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edited on  December 21, 2011 | 11:07 PM
What the heck? "the new charter reform proposal is based on previous reform ideas...discussion with members of the public and city and community leaders..." Were the alleged members of the public and alleged community members like minded individuals? Were they promised something for their support like it appears SPOA was. I remember SPOA, during the budget, threatened the mayor with remember I endorsed your SMI…“ I remember when SPOA threatened the council during the previous budget "We get less, we'll do less"

Come on really??? "...the mayor’s office has received many phone calls and emails from city residents with ideas, suggestions and critique of previous charter reform measures...." SHOW us the dated emails, give us a log of the calls. And we're suppose to give more power to a Mayor appearing deceitful, not accountable and far from transparent??.

I'm so sick and tired of elected officials and their assistants and their propaganda spinning the truth to get their own self absorbed agenda and insulting, underestimating and playing with our intelligence. what the h-e double hockey sticks can they really think we are buying this load of transparency, accountability... crap?? Mayor Johnson doesn't appear to give a darn about transparency or accountabiity, he cares about himself.
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December 22, 2011 | 5:59 AM
"Sacramento Checks and Balances Act of 2012": Orwellian political tactics at a local level.
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December 28, 2011 | 11:33 AM
That's exactly what it is: a system of government like we have at every other levels, with an executive and legislative branch. What's Orwellian is having an unelected, unaccountable city manager make decisions every day that affect us as voters.
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December 22, 2011 | 8:18 AM
Joe Serna didn't need charter reform to get things done.
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December 28, 2011 | 11:32 AM
And he didn't have obstructionists on the city council either.
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edited on  December 22, 2011 | 3:07 PM
A Mayor should be accountable to the voters of a city the size of Sacramento. A labor union approved (unelected) city manager should not be in-charge. I welcome the proposed change.
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December 22, 2011 | 6:08 PM
I can only pray Sacramentans will realize the charter proposal and re-electing the mayor are two entire different and separate issues. I intend to vote for the charter and against KJ's re-election.
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December 22, 2011 | 8:07 PM
So, if Johnson isn't behind this charter proposal, who is behind it? Who wrote it? And, most importantly, who will be paying to promote it?
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edited on  December 23, 2011 | 2:38 PM
So the mayor's supporters want to propose yet, another revision to our charter and throw in an ethics commission and a n independent redistricting commission?

How about starting with a proposal to elect an independent charter commission? Oh, and a binding vote on the the city's public subsidy to the hodgepodge arena financing plan!

Oh right....can't control, lobby or monetarily contribute to the outcome...in other words...it doesn't work for the mayor's agenda.

While one can have a negative inclination to a charter revision, that is crafted without public scrutiny...How does one vote or throw their support behind a revision that isn't written yet....it's but only a proposal in matrix form...no fine print notes or wording.

I'm also noticing a list of supporters...that again don't live in the city and/or additionally not even the county. What's up with that?
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December 28, 2011 | 11:33 AM
Mr. Burg, how about letting the voters decide what they want instead of a handful of people?
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edited on  January 3, 2012 | 9:24 PM
As long as you're talking about the arena financing plan.. the largess and sources of the public contribution....and a binding public vote provided to the citizens of the city by the city council....a referendum will have dire consequences for some sitting council people, who aren't currently up for re-election...not to mention those that are!

As far as a revision to our charter....go back and read that SMI lawsuit and the CA constitution. Then get the mayor to cough up a similar $35,000 contribution to the city with regards to the legal cost incurred due to his and Hiltach's unconstitutional use of the initiative process to revise a charter...Why are you and the like so afraid of a charter commission?

Oh right, I read the conclusions from the last one....you lost on virtually every issue you want to put forward in your newest version of Boss Mayor.
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