[Occupymendocino] [Fwd: RE: [Fwd: Educate the constituents of Mendocino County]]

[ELLEN ROSSER]

Dear Agnes and All,
     If Tehama, CA, can be a charter county, so can we!   Can the BOS put
it on the next ballot?
          Peace and blessings,  Ellen


On Thu, Jun 6, 2013 at 6:42 PM, <agnes at mcn.org> wrote:

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