Item Coversheet

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE AUTHORITY

Subject:Adopt Resolution No. 3976 Calling for a Municipal Election to Submit to the Voters a Local Ballot Measure Transitioning the Office of the City Treasurer from an Elected Position to an Appointed Position
Meeting Date:June 18, 2020
From:Marissa Trejo, City Manager
Prepared by:Mario Zamora, City Attorney


I.    RECOMMENDATION:

There is no staff recommendation.  During the Fiscal Year 2020-2021 budget process, Council directed staff to bring back an item to eliminate the City Treasurer position at the end of the sitting Treasurer's term.

II.    BACKGROUND:

Council has requested information to transition the position of the City Treasurer from an elected position to an appointed one.  If the Council wants to proceed, it should be adopted.  Pursuant to the Government Code Council must hold an election before changing the ordinance.



III.   DISCUSSION:

Government Code section 36501 states that the position of the City Treasurer shall be created and be an appointed position.  Government Code Section 36508 allows the transition of the elected position to an appointed position, but requires voter approval.

The question that can be posed to the voters is dictated by the Code and must take the form of a question similar to those presented in Gov. Code Section 36509. The Code states, the question shall be printed on the ballots used at the election as follows:

“Shall the office of city treasurer be appointive?”

A simple “yes” or “no” answer selection must be used.

If a majority of the votes at the election are in favor, then the Council is given the authority to appoint and would typically appoint the Finance Director to serve as Treasurer without further compensation. Under Section 36510 the Council can appoint a treasurer when the current treasurer’s time in office expires, or if the treasurer in office vacates the position before the time is up. The current Treasurer term is up this November.  The appointed treasurers hold office “at the pleasure” of the Council, and the treasurer appointed does not have to be a resident or voter in the city.

If the council wants to proceed to ask the voters whether the City Treasurer should be appointed, it should adopt the attached resolution.  The resolution must be provided to the County by August 7, 2020.



IV.   ALTERNATIVES:

  1. If council is looking to reduce costs, Municipal Code section 2-1.503 allows the council to set the compensation of the Treasurer by ordinance or resolution.  The position could remain elected, but at a reduced compensation.  There is a subsequent item on the agenda for consideration (Resolution No. 3975).

  2. Keep the City Treasurer position as an elected position and make no changes.



V.    FISCAL IMPACT:

The savings is already noted in the item related to Resolution No. 3975.

 

There may be a cost associated with placing this item on the ballot, but the cost is unknown as it is a general election year, the City already has other items on the ballot, and the cost for placing an item on the ballot is determined by the county based on the number of ballot items.  Aside from that, if this item is not passed, a person could the run for the position of City Treasurer which would also bear the same cost on the ballot so one would cancel the other.  It basically becomes a $0 fiscal impact.

 

The City has budgeted $51,000 for the general election in Fiscal Year 2020-2021.

ATTACHMENTS:
File NameDescription
RESO#3976_City_Treasurer_Election_to_Change_from_Elected_to_Appointed_061820.pdfResolution No. 3976 - City Treasurer