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Op-Ed: Consider the costs of a charter review commission

by Melissa Corker, published on February 14, 2012 at 7:07 PM

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At the Feb. 7 City Council meeting, council members scrapped Mayor Kevin Johnson’s strong mayor initiative – dubbed the Checks and Balances Act of 2012 – in favor of an elected charter review commission.

The move, initiated by Councilman Kevin McCarty and supported by six other council votes, paves the way for a costly November election and a tangled web of political intrigue and shenanigans.

The cost for electing a charter review commission is still undetermined – it will depend largely on how many candidates line up seeking a spot, according to the city clerk’s office.

Just placing the question of “Do you want an elected charter review commission?” on the ballot will cost an estimated $190,000, according to the city clerk’s office.

The full cost of a charter review commission extends well beyond the election, though.

Once the measure goes to the ballot, the election of a charter review commission is out of council members’ hands. Unlike the redistricting committee last year, they do not get to appoint members to the commission.

The City Council will instead prepare for a 15-member elected commission to crack open all 19 articles in the city charter for review – and they will have two years to complete the task.

Every meeting of the commission will have to be given public notice, held in a public forum and staffed by city employees. As City Councilwoman Angelique Ashby said before the Feb. 7 vote to pursue the commission, “If you think this is going to be cost-neutral, you’re wrong.”

The financial costs of electing 15 commissioners out of a candidate pool of who knows how many is a minor consideration, however, when compared to the prospects for some very messy campaigning.

Candidate qualifications are twofold: Candidates must be registered voters in Sacramento, and they must submit a nomination petition with a minimum of 20 voter signatures.

This opens the door for any politico with an agenda to get his or her name on the ballot.

With local unions and special interests edgy about the possibility of a charter overhaul, it’s likely the competition for a seat at the reviewer’s table will be fierce.

Tensions will be particularly high among public safety unions that rallied in the ’90s for binding arbitration clauses in the charter and among city employees with pension benefit rules that may well come under scrutiny.

And unless the City Council expands current campaign finance restrictions, campaigns could get expensive, effectively knocking most “Regular Joes” – citizens with good intentions but empty pockets – out of the race before it even begins.

That could leave Sacramento with a charter review commission stacked in favor of well-heeled special interests wanting to play the system in their favor – which is what charter reform is supposed to prevent.

The rallying cry for change in the city charter has been a lack of accountability in the current form of government, but there is no guarantee that a charter review commission will come up with anything better.

In any event, recommendations from the commission will have to go to the voters for final approval – but not before the city has spent untold amounts of general fund dollars on an unpleasant election and two years of charter review.

Perhaps before we get that far, Sacramentans need to ask, “What really is the problem we want to solve?”

Depending on the answer, we may not need an elected charter review commission after all.

If the problem is with the system, it should be changed. But, if the problem is with the people running the system, an elected charter review commission won’t provide the answer, no matter how much it costs or how long it takes.

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

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February 14, 2012 | 7:22 PM
And would this charter commission cost any more than putting SMI III on the ballot would have cost?
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February 15, 2012 | 12:13 PM
Similar to the editorial board at the BEE, with their statement “It's also entirely possible that, after going through all that time and expense, it will fail to come up with something as reasonable as the mayor's latest plan, or won't be able to reach consensus at all.” Their opine about "reasonable" not withstanding,

Melissa forgets to acknowledge

It’s entirely possible that the citizens of this city will say NO. period!

You forgot that one. And then what? A complete vindication that for the last three+ years, we have been subjected to special interest propaganda, unconstitutional process for unwanted charter revision, including the onslaught from the likes of the BEE, Metro Chamber, SPOA, SFD, a group of ministers and other shills..., enabling the actions of this mayor and his paid staff to act in the non-consensus, unconstitutional process they have pursued with the mayor's " greed for power"!

Not to mention staff time, money and creating a working environment within the council framework that has been anything but healthy. eg $57,000 the city paid out as an unwilling participant in the SMI 1 lawsuit....Thanks to Hiltachk and The Mayor!

The mayor's own actions, quite possibly have already poisoned the discussion to death.
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February 15, 2012 | 3:46 PM
YouWantWhat – You are absolutely correct. There is an opportunity for the people to say "no" to the initial question on the ballot of "Do you want an elected charter review commission?" In fact, voters will have to answer that first.

On the same ballot will be X-number of candidates for the 15 open slots on an elected commission, just in case the majority votes "yes" to the question.

Regardless of the results of the first question, it looks like we will still be in for a circus of campaigning and special interest "propaganda" before all is said and done.

I'm not saying the SMI proposal is better or worse (or that there are no costs associated with it as compared to an elected charter commission). I'm definitely not saying that a rejection of an elected charter review commission would equate to "complete vindication" of the last three+ years of SMI effort.

An elected charter review commission could do many things: Overhaul the charter. Tweak the charter. Leave the charter untouched. Or, they could very well – on their own – come up with precisely the same framework that was the final incarnation of SMI on Feb 7.

In any of those cases, (a) messy election leading up to it, (b) potential for 'stacked' commission, (c) unknown result, (d) costs associated with two years of effort.
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February 21, 2012 | 10:43 AM
The cost of having it on the ballot would be the same. However, the mandatory spending from the General Fund as a result of a "yes" vote on the charter commission question would be extremely expensive and it is impossible to know those costs ahead of time, since it depends on the number of candidates. It could get astronomical if most of the candidates seek public financing (i.e., general fund money) to fund their campaigns, and that is quite likely. Remember the disasterous Gubernatorial recall with a laundry list of hacks and whackos? That would surely be the case.
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February 14, 2012 | 7:23 PM
Well done, Melissa! You have as good a grip on this whole process as anyone, and better than most. Of course, you have left me slightly depressed, but that's not YOUR fault.
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edited on  February 14, 2012 | 7:43 PM
Consider the cost of staffing the SMI the way it was proposed. Consider the cost of creating a new ninth district as would surely be needed if the mayor left the council. Consider the staff for that new council member.

Consider that the people should be able to have a say as to if they want charter reform or not FIRST, not "this is the only charter reform policy on the table, take it or leave it". Consider that the rules that we place on those who will do the people's work should be written by the people, not by lawyers in backrooms.

I will vote for charter reform.

"The rallying cry for change in the city charter has been a lack of accountability in the current form of government, but there is no guarantee that a charter review commission will come up with anything better."

Where was this "rallying cry" coming from, besides the mayor's own astroturf?
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February 14, 2012 | 8:02 PM
As I recall, the rallying cry was coming from beyond the Sacramento city limits.
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February 15, 2012 | 9:27 AM
Most of the 'opposition' to the Executive Mayor proposal came from labor leaders (afraid of accountability) and from people outside of the city limits as well.
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February 14, 2012 | 8:07 PM
Charter reform is ok, as long as its done on the cheap and it doesn't involve a lot of, you know, citizens. Why go through a messy expensive democratic process when the developers can rewrite your charter for you?
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February 15, 2012 | 3:54 AM
The problem isn't the cost.

The problem is that the charter commision proposal is a classic, wasteful, election-year delay tactic. Right along the lines of the Simpson-Bowles budget commission.

The goal of the councilmembers who voted for this is for nothing to happen, satisfying both their union minders and their own election aspirations.

We already have a city council empowered (and paid) to consider all aspects of the city charter. Get to work, or decide to do nothing, but don't waste time and money with shennanigans.
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February 15, 2012 | 9:52 AM
L.A.'s commission came with a $5 million cost to taxpayers -- and we have exactly the same number and process here, so there's no reason to believe we'll get off cheaper... money would come straight from General Fund -- not McCarty's campaign war chest (he hopes to be on his way to Assembly by the time commission wraps).... Great analysis Melissa!
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February 15, 2012 | 10:47 AM
I'm less concerned with the cost and am more interested in what changes to the charter those in favor of the commission would like to see. So far I haven't heard any specific ideas. For the folks here who advocate for the charter commission, what changes would you like to see?
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February 15, 2012 | 11:17 AM
I'd like to see a panel of citizens delve into the charter, piece by piece, for about two years, listen to public testimony, eliminate the outdated provisions they find, replace or create new provisions that would help move the city forward, and then draft a new charter to be voted on by the people. I don't believe true charter reform comes from within the offices of lawyers on the payroll of any of the currently elected officials.

One thing specifically I'd like to see written into the charter: Increased transparency. All the disclosure forms currently buried on the city clerks website should be on the pages for the mayor and the council members. And lets cap the amount that people can lend themselves to run for local elections. We have to take the big money interests out of the equation.
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February 15, 2012 | 11:28 AM
I am most concerned about the upcoming District 6 council election. Professional candidate Kevin McCarty has a war chest bought & paid for by labor unions and all that he does is raise money for elections! He fails to serve his constituents. I have 'heard' of long waits from the people of D6 for constituent services, while Bill Camp's call is promptly returned. How can the Average Joe run against McCarty's union backed funding? What about when he leaves D6 for Assembly in 2014, the cost of another election?
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February 15, 2012 | 11:33 AM
Well said Issac. It's interesting how the Gov can only have $100,000 total. in loans to his personal campaigns, it decreases from there for other elected state officials, and yet a city of Sacramento candidate can lend themselves unlimited money. That's why we have a mayor with over $570,000 in loans to himself...trying to get repaid.

A person can spend all they want on their campaign with their own money, no argument. But loans need to be capped!

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February 15, 2012 | 12:45 PM
To PocketGOPer, if your sooo concerned, pick up your family and move over to district 6, run against him and follow the example set by Bagatelos and that GOPer McClintock. Pretty sure those over at "Better Sacto" aka the Sacramento 60 PAC will help you with your moving cost and set you up in an Apartment.
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February 15, 2012 | 11:30 AM
Transparency is great, but you don't need to change the charter to get that. What are some of the outdated provisions in the charter that you want eliminated?
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February 15, 2012 | 12:05 PM
Oh, I'm sure there's a few things in here that can be made stronger:

http://www.qcode.us/codes/sacramento/view.php?topic=2&frames=on

Especially in the conflicts of interest portion:

http://www.qcode.us/codes/sacramento/view.php?topic=2-2_16&showAll=1&frames=on

Let's get some teeth behind these laws. It's only a misdemeanor right now to be found guilty of a conflict of interest.
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edited on  February 15, 2012 | 12:17 PM
And as far as transparency not needing to be written into the charter in order to be implemented, I agree with you on that one. You would think that will alone would be enough to create a more transparent government in Sacramento, but for whatever reason, that is not the case.

http://www.cityofsacramento.org/mayor/KJ_day_one.pdf

"As mayor I will set a new standard for open government by making the mayor's calendar and the calendar's of all city council members open to the public at any time."

Well, that never happened. Nothing prevented it, it could have happened, but for whatever reason it didn't. So let's write it into the charter.
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February 15, 2012 | 12:37 PM
Again, you don't need a change in the charter to make these happen. So why the charter commission?
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February 15, 2012 | 12:27 PM
Charter reform is a red herring. When you have labor leaders lining up at the podium to speak passionately against the idea, and a strong labor councilmember teeing it up...you know its smoke and mirrors.
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February 15, 2012 | 12:48 PM
Its going to cost money to reform the city either way, by council decree or by charter commission. What's the acceptable price?
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February 15, 2012 | 4:26 PM
Well, things will be different in November when R. Fong, Sheedy, Pannell and McCarty leave the dais.
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February 16, 2012 | 3:40 PM
So no one has been able to articulate a need for the charter commission? Sounds like we should put this out of it's misery by voting it down
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