<div dir="ltr">Dear Agnes and All,<div> If Tehama, CA, can be a charter county, so can we! Can the BOS put it on the next ballot?</div><div> Peace and blessings, Ellen</div></div><div class="gmail_extra"><br>
<br><div class="gmail_quote">On Thu, Jun 6, 2013 at 6:42 PM, <span dir="ltr"><<a href="mailto:agnes@mcn.org" target="_blank">agnes@mcn.org</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
---------------------------- Original Message ----------------------------<br>
Subject: RE: [Fwd: Educate the constituents of Mendocino County]<br>
From: "Dan Hamburg" <<a href="mailto:vote@pacific.net">vote@pacific.net</a>><br>
Date: Thu, June 6, 2013 1:22 pm<br>
To: <a href="mailto:agnes@mcn.org">agnes@mcn.org</a><br>
--------------------------------------------------------------------------<br>
<br>
our county counsel thinks that only charter counties can sponsor a public<br>
bank<br>
<br>
that's what we need to confirm...Sup. Avalos is sending me the opinion of<br>
the SF city attorney whose opinion was that charter cities can utilize<br>
public banks<br>
<br>
-----Original Message-----<br>
From: <a href="mailto:agnes@mcn.org">agnes@mcn.org</a> [mailto:<a href="mailto:agnes@mcn.org">agnes@mcn.org</a>]<br>
Sent: Thursday, June 06, 2013 11:03 AM<br>
To: <a href="mailto:vote@pacific.net">vote@pacific.net</a><br>
Subject: [Fwd: Educate the constituents of Mendocino County]<br>
<br>
Dan,<br>
Does this information apply to counties, as in charter county?<br>
Agnes-<br>
<br>
<br>
--------------------------- Original Message ----------------------------<br>
Subject: Re: [Occupymendocino] Educate the constituents of Mendocino County<br>
From: "ELLEN ROSSER" <<a href="mailto:ellen.rosser@gmail.com">ellen.rosser@gmail.com</a>><br>
Date: Wed, June 5, 2013 9:37 pm<br>
To: "agnes" <<a href="mailto:agnes@mcn.org">agnes@mcn.org</a>><br>
Cc: "occupymendocino" <<a href="mailto:occupymendocino@lists.mcn.org">occupymendocino@lists.mcn.org</a>><br>
--------------------------------------------------------------------------<br>
<div class="im"><br>
Dear All,<br>
<br>
Although charter cities seem like a good idea giving more power to the<br>
people, would Ft. Bragg, Ukiah, Point Arena, etc., all need to have their<br>
own city public bank? I thought the information on the legality of<br>
public banks indicated that a public bank is not contrary to state law, as<br>
determined by the Supreme Court in l9l8 (I think that was the year).<br>
<br>
Isn't that a better way to go with a Mendocino County Bank?<br>
<br>
Peace and blessings, Ellen<br>
<br>
Foundational Aspects of Charter Cities<br>
<br>
</div>*What is the Constitutional Framework for Charter Cities?*<br>
<div class="im"><br>
Article XI, section 3(a) of the California Constitution authorizes the<br>
adoption of a city charter and provides such a charter has the force and<br>
effect of state law. Article XI, section 5(a), the "home rule" provision,<br>
affirmatively grants to charter cities supremacy over "municipal affairs."<br>
However, the California Constitution does not define the term "municipal<br>
affair."<br>
<br>
</div>*What are "Municipal Affairs?"*<br>
<div class="im"><br>
The home rule provision of the California Constitution authorizes a charter<br>
city to exercise plenary authority over municipal affairs, free from any<br>
constraint imposed by the general law and subject only to constitutional<br>
</div>limitations. *See *Cal. Const. art. XI § 5(a); *Ex Parte Braun*, 141 Cal.<br>
204, 209 (1903)*; Bishop v. City of San Jose*, 1 Cal. 3d 56, 61 (1969);<br>
*Comm.<br>
of Seven Thousand v. Super. Ct. (City of Irvine)*, 45 Cal.3d 491 (1988).<br>
<br>
*How Do the Courts Distinguish Between Municipal and Statewide Concerns?*<br>
<div class="im"><br>
Whether a given activity is a municipal affair over which a city has<br>
sovereignty, or a statewide concern, over which the legislature has<br>
authority, is a legal determination for the courts to resolve. Thus, the<br>
determination of whether a given activity is a municipal affair or statewide<br>
concern is done on a case-by-case basis. The court's determination will<br>
</div>depend on the particular facts and circumstances of each case. *See In Re<br>
Hubbard*, 62 Cal. 2d 119, 128 (1964). Keep in mind that the concept of<br>
<div class="im">"municipal affairs" is a fluid one that changes over time as local issues<br>
</div>become statewide concerns. *See Issac v. City of Los Angeles*,<br>
<div class="im">66 Cal. App. 4th 586 (1998).<br>
<br>
</div>*What Activities Have the Courts Classified As Municipal Affairs?*<br>
<div class="im"><br>
There are some areas that the courts have consistently classified as<br>
municipal affairs. Examples include the following:<br>
<br>
</div>Municipal Election Matters. *See Mackey v. Thiel*, 262 Cal. App. 2d 362<br>
(1968). Procedures for Initiative, Referendum and Recall. *See Lawing v.<br>
Faul*, 227 Cal.<br>
<div class="im"><br>
App. 2d 23, 29 (1964).<br>
<br>
</div>Procedures for Adopting Ordinances. *See Brougher v. Board of Public Works*,<br>
<div class="im">205 Cal. 426 (1928).<br>
<br>
Compensation of City Officers and Employees. Cal. Const. art. XI, § 5(b);<br>
</div>*See Sonoma County Organization of Public Employees v. County of Sonoma*, 23<br>
Cal. 3d 296 (1979); *but see San Leandro Police Officers Association v.<br>
City of San Leandro*, 55 Cal. App. 3d 553 (1976) (labor relations is not a<br>
<div class="im">municipal affair; Charter cities are subject to the Meyers-Milias Brown Act.<br>
Cal. Gov’t Code § 3500.<br>
<br>
</div>Processes Associated with City Contracts. *See First Street Plaza Partners<br>
v. City of Los Angeles*, 65 Cal. App. 4th 650 (1998); *but see Domar<br>
Electric, Inc. v. Cityof Los Angeles*, 41 Cal. App. 4th 810 (1995) (state<br>
<div class="im">law establishing employment policy may preempt local regulation of bidding<br>
criteria).<br>
<br>
</div>Financing Public Improvements. *See City of Santa Monica v. Grubb*, 245 Cal.<br>
App. 2d 718 (1996).<br>
<br>
Making Charitable Gifts of Public Funds for Public Purposes*. See *Cal.<br>
Const. art. XVI, § 6; *Tevis v. City and County of San Francisco*, 43 Cal.<br>
2d 190 (1954).<br>
<br>
Term Limits for Council Members. *See Cawdrey v. City of Redondo Beach*, 15<br>
Cal. App. 4th 1212 (1993); *but see *Cal. Gov't Code § 36502(b) (regulating<br>
term limits).<br>
<br>
Land Use and Zoning Decisions (with a few exceptions). *See Brougher v. Bd.<br>
of Pub. Works*, 205 Cal. 426 (1928).<br>
<br>
*What Activities Have the Courts Classified as Statewide Concerns?*<br>
<div class="im"><br>
The following have consistently been classified by the courts as matters of<br>
statewide concern:<br>
<br>
</div>School Systems. *Whisman v. San Francisco Unified Sch. Dist.*, 86 Cal. App.<br>
<div class="im">3d 782, 789 (1978).<br>
<br>
Traffic and Vehicle Regulation. Cal. Veh. Code § 21. Licensing of Members of<br>
</div>a Trade or Profession. *City and County of San*<br>
<br>
*Francisco v. Boss*, 83 Cal. App. 2d 445 (1948). Tort Claims Against a<br>
Governmental Entity. *Helbach v. City of Long Beach*, 50<br>
<div class="im"><br>
Cal. App. 2d 242, 247 (1942).<br>
<br>
Open and Public Meetings. Ralph M. Brown Act. Cal. Gov’t Code §§ 54951,<br>
54953(a).<br>
<br>
</div>Exercise of the Power of Eminent Domain. *Wilson v Beville*, 47 Cal. 2d 852,<br>
856 (1957).<br>
<br>
*What is a Charter?*<br>
<div class="im"><br>
A city charter is a unique document that, in many ways, acts like a<br>
constitution for the city adopting it. It can only be adopted, amended or<br>
repealed by a majority vote of a city's voters. The primary advantage of a<br>
charter is that it allows greater authority for a city’s governance than<br>
that provided by state law. For example, a city may tailor its organization<br>
and elective offices, taking into account the unique local conditions and<br>
needs of the community.<br>
<br>
A charter transfers the power to adopt legislation affecting municipal<br>
affairs from the state legislature to the city adopting it. A city operating<br>
under a charter can acquire full control over its municipal affairs. These<br>
affairs are unaffected by the general laws<br>
<br>
passed by the state legislature on the same subject matters. This, in<br>
effect, gives the local voters more control over their local government and<br>
the affairs of the city. However, a city operating under a charter is still<br>
subject to the general laws, as passed by the state legislature, on affairs<br>
that are not municipal in nature, and are of statewide concern (e.g.,<br>
California Vehicle Code).<br>
<br>
It is the scope of the term "municipal affairs" that provides the<br>
opportunity for uncertainty. No easy analytical test exists. The threshold<br>
issue is whether there is a conflict between state law and a charter city<br>
enactment. The next issue is whether the state regulation addressed an issue<br>
of "state wide concern." Courts analyze these conflicts on a case- by-case<br>
basis.<br>
<br>
</div>*What is in a Charter?*<br>
<div class="im"><br>
While a city charter is not required to have any particular provisions in<br>
it, a city will often reserve for itself the greatest amount of power it can<br>
when it adopts a charter. To accomplish this goal, the charter must include<br>
a declaration that it is the intention of the city to avail itself of the<br>
full power provided by the state constitution to charter cities.<br>
However, the city is not required to extend the breadth of its charter any<br>
further than it wishes.<br>
<br>
Some of the common areas that are explicitly regulated in a charter are:<br>
The date and conduct of city elections; Regulations on the appointment of<br>
municipal officials; The terms and payment of municipal officials;<br>
<br>
The process for removal of municipal officials;<br>
<br>
Form of government;<br>
<br>
Budget adoption;<br>
<br>
The number, pay, qualifications, and appointment of deputies, clerks, and<br>
other employees that each municipal officer will have;<br>
<br>
Sub-government in all or part of the city; The tenure of office for<br>
deputies, clerks, and other employees; The process for removal of such<br>
deputies, clerks, and other employees; and The constitution, regulation, and<br>
government of the local police force.<br>
<br>
A number of California cities' charters are available online. The National<br>
Civic League also has a model charter project.<br>
<br>
</div>*Process Used to Adopt a Charter*<br>
<div class="im"><br>
There are two ways to draft and adopt a city charter. The first is to elect<br>
a charter commission. The commission then has the responsibility of debating<br>
over the provisions and the drafting of the charter. The other alternative<br>
allows the governing board of the city, on its own motion, to draft the<br>
charter. In either case, the charter is not adopted by the city until it is<br>
ratified by a majority vote of the city's voters.<br>
<br>
When using the charter commission approach, the first step is to elect the<br>
commission. The vote to elect a charter commission is called for by either a<br>
majority vote of the city's governing body or by a petition signed by not<br>
less than fifteen percent of the registered voters within the city. If the<br>
formation of a charter commission is requested by a petition, the authority<br>
in charge of the city's registration records must verify the signatures on<br>
the petition. The expense of this verification must be paid for by the<br>
city's governing board. If the petition is verified, the city's governing<br>
board must call for an election in accordance with sections 1000 and 10403<br>
</div>of the California Elections Code. *See *Cal. Gov't Code section 34452.<br>
<div class="im"><br>
Once it has been decided that a charter commission election will take place,<br>
candidates for commissioners must be nominated. Candidates for the office of<br>
charter commissioner are nominated either in the same manner as officers of<br>
the city or by petition. A candidate for charter commissioner must be a<br>
registered voter of the city. After the election of commissioners, any<br>
</div>vacancy on the commission will be filled by a mayoral appointment. *See<br>
*Cal. Gov't Code section 34452.<br>
<div class="im"><br>
At an election for charter commission members, the voters will vote first on<br>
the following question: "Shall a charter commission be elected to propose a<br>
new charter?" After voting on this question, the voters will then vote for<br>
the charter commission candidates. If a majority of the voters vote for the<br>
formation of a charter commission, then the top fifteen candidates for the<br>
office of charter commissioner will be organized as the city's charter<br>
commission. No commission will be formed if a majority of voters vote<br>
</div>against the election of a charter commission. *See *Cal. Gov't Code section<br>
<div class="im">34453.<br>
<br>
Once formed, the charter commission will have the responsibility of<br>
developing the city's charter. After a simple majority of commissioners have<br>
decided that the proposed charter is appropriate, they file the charter with<br>
</div>the city's clerk in preparation for a vote by the city's electorate. *See<br>
*Cal. Gov't Code section 34455. However, instead of sending the whole<br>
<div class="im">charter at once, periodically the commission may send portions of the<br>
</div>charter to the city's electorate for a vote. *See *Cal.<br>
Gov't Code section 34462*.*<br>
<div class="im"><br>
After the charter (or portions of it) has been filed, it must be copied in<br>
type greater than 10 point and either mailed to all the voters of the city<br>
or made available to those citizens who wish to review it before the<br>
election. The city may show the difference between existing provisions of<br>
law and the new charter through the use of distinguished type styles, but<br>
</div>this is not required. *See *Cal. Gov't Code section 34456.<br>
<div class="im"><br>
After the charter has been filed with the city clerk, the city's governing<br>
board must decide whether to call a special election or to wait until the<br>
next established municipal election to submit the charter to the voters. If<br>
the city's governing board determines that a special election should be<br>
held, then they must call for that special election within 14 days of the<br>
charter being filed. The special election must be set at least 95 days after<br>
</div>the date from which the special election was called. *See *Cal. Gov't Code<br>
<div class="im">section 34457. In any case, the charter commission must send the charter to<br>
the voters within two years of the vote<br>
<br>
that formed the commission. Upon the expiration of the two-year time period,<br>
</div>the commission is abolished. *See *Cal. Gov't Code section 34462.<br>
<div class="im"><br>
The alternative to electing a charter commission is to have the city's<br>
governing board develop and draft the charter. An election to decide on the<br>
</div>adoption of a charter may be called by initiative or the city council. *See<br>
*Cal. Const. art. XI, § 3. On its own motion, the city's governing board may<br>
propose a charter and submit it to the voters for adoption. *See *Cal.<br>
<div class="im">Gov't Code section 34458. With this option, the governing board can call a<br>
special election or allow the charter to be voted on at any established<br>
election date, as long as that election date is at least 88 days after the<br>
</div>proposed charter was filed with the city clerk. *See *Cal. Gov't Code<br>
<div class="im">section 34458. As a practical matter, an election may have to be called<br>
sooner than 88 days before the election in order to meet certain notice and<br>
ballot printing deadlines.<br>
<br>
In either case, the majority of voters must vote in favor of the proposed<br>
charter for it to be ratified. The charter will not go into effect until it<br>
</div>has been filed and accepted by the Secretary of State. *See *Cal. Gov't Code<br>
<div class="im">section 34459. After a charter is approved by a majority vote of the voters,<br>
the mayor and city clerk shall certify that the charter was submitted to the<br>
</div>voters of the city and that it was approved by a majority vote. *See *Cal.<br>
<div class="im">Gov't Code section 34460. One copy of the approved charter shall be filed<br>
with the County Recorder's office and one shall be kept in the City's<br>
</div>archive. *See *Cal. Gov't Code section 34460. A third copy of the charter<br>
<div class="im">must be submitted to the Secretary of State with (1) copies of all<br>
publications and notices in connection with the calling of the election; (2)<br>
certified copies of any arguments for or against the charter proposal which<br>
were mailed to the voters; (3) a certified abstract of the vote at the<br>
</div>election on the charter. *See *Cal. Gov't Code section 34460.<br>
<br>
*How to Amend/Repeal a Charter*<br>
<div class="im"><br>
If a citizens group, or the city's governing body, wishes to amend or repeal<br>
a portion of the city's charter, the steps remain largely the same as they<br>
are for drafting a charter. There are, however, two notable exceptions.<br>
First, the petition calling for the repeal or amendment needs only ten<br>
percent of the electorate's signatures, instead of the previous fifteen<br>
</div>percent. *See *Cal. Elec. Code sections 9215 and 9255. The other notable<br>
<div class="HOEnZb"><div class="h5">difference has to do with the charter itself. A city charter may establish<br>
different rules for the municipal elections process than those laid out by<br>
the state legislature in the Elections Code. If this is the case, the city's<br>
charter will govern the elections process used to appeal or amend the city's<br>
charter, instead of the general laws laid out in the Elections Code.<br>
<br>
<br>
On Wed, Jun 5, 2013 at 11:05 PM, <<a href="mailto:agnes@mcn.org">agnes@mcn.org</a>> wrote:<br>
<br>
> Hi Occupy,<br>
> This is an important fact I learned at the Public Banking Conference<br>
> with a panel of elected officials, at which Supervisor Dan Hamburg<br>
> spoke and he took note of this. If we vote to become a charter county<br>
> we can establish a public bank without violating the CA<br>
Constitution.Yes!!!<br>
><br>
> Cheers!<br>
> Agnes<br>
><br>
><br>
><br>
> Oakland / Alameda County<br>
><br>
> Kathe, did you hear S. F. County Supervisor Avalos' announcement of<br>
> the opinion by the county counsel? Charter cities, if they establish a<br>
> public bank, are not in violation of the CA Constitution. O... read<br>
> more »<br>
><br>
> Kathe Welch and Marc Armstrong contributed to this conversation.<br>
><br>
><br>
><br>
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