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HomeMy WebLinkAbout- - General Law City v. Charter Attachment 2 - 6/5/2012General Law City v. Charter City Characteristic General Law City Charter City Ability to Govern Bound by the state's general law, regardless Has supreme authority over "municipal Municipal Affairs of whether the subject concerns a municipal affairs." Cal. Const. art. XI, § 5(b). affair. Form of Government State law describes the city's form of Charter can provide for any form of government For example, Government government including the "strong mayor," Code section 36501 authorizes general law and "city manager" forms. See Cal. Const. cities be governed by a city council of five art. XI, § 5(b); Cal. Gov't Code § 34450 et members, a city clerk, a city treasurer, a seq. police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov't section 34871. The Government Code also authorizes the "city manager" form of government. Cal. Gov't Code §34851. Elections Generally Municipal elections conducted in accordance Not bound by the California Elections Code. with the California Elections Code. Cal. Elec. May establish own election dates, rules, and Code §§ 10101 et seq.. procedures. See Cal. Const. art. XI, § 5(b); Cal. Elec. Code §§ 10101 et seq.. Methods of Elections Generally holds at -large elections whereby May establish procedures for selecting voters vote for any candidate on the ballot. officers. May hold at -large or district Cities may also choose to elect the city elections. See Cal. Const. art. XI, § 5(b). council "by" or "from" districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov't Code § 34871. Mayor may be elected by the city council or by vote of the people. Cal. Gov't Code §§ 34902. City Council Member Minimum qualifications are: Can establish own criteria for city office Qualifications provided it does not violate the U.S. 1. United States citizen Constitution. Cal. Const. art. XI, § 5(b), 82 2. At least 18 years old Cal. Op. Att'y Gen. 6, 8 (1999). 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. Cal. Elec. Code § 321; Cal. Gov't Code §§ 34882, 36502; 87 Cal. Op. Att'y Gen. 30 (2004). Characteristic General Law City Charter City Public Funds for Candidate No public officer shall expend and no Public financing of election campaigns is in Municipal Elections candidate shall accept public money for the lawful. Johnson v. Bradley, 4 Cal. 4th 389 purpose of seeking elected office. Cal. Gov't (1992). Code §85300. Term Limits May provide for term limits. Cal. Gov't Code May provide for term limits. Cal. Const. art. § 36502(b). XI, § 5(b); Cal Gov't Code Section 36502 (b). Vacancies and Termination An office becomes vacant in several May establish criteria for vacating and of Office instances including death, resignation, terminating city offices so long as it does not removal for failure to perform official duties, violate the state and federal constitutions. electorate irregularities, absence from Cal. Const. art. XI, § 5(b). meetings without permission, and upon non- residency. Cal. Gov't Code §§ 1770, 36502, 36513. Council Member Salary -ceiling is set by city population and May establish council members' salaries. Compensation and salary increases set by state law except for See Cal. Const. art. XI, § 5(b). If a city Expense Reimbursement compensation established by city electors. provides any type of compensation or See Cal. Gov't Code § 36516. If a city payment of expenses to council members, provides any type of compensation or then all council members are required to payment of expenses to council members, have two hours of ethics training. See Cal. then all council members are required to Gov't Code §§ 53234 - 53235. have two hours of ethics training. See Cal. Gov't Code §§ 53234 - 53235. Legislative Authority Ordinances may not be passed within five May establish procedures for enacting local days of introduction unless they are urgency ordinances. Brougher v. Bd. of Public Works, ordinances. Cal. Gov't Code § 36934. 205 Cal. 426 (1928). Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Gov't Code § 36934. Resolutions May establish rules regarding the May establish procedures for adopting, procedures for adopting, amending or amending or repealing resolutions. Brougher repealing resolutions. v. Bd. of Public Works, 205 Cal. 426 (1928). Quorum and Voting A majority of the city council constitutes a May establish own procedures and quorum Requirements quorum for transaction of business. Cal. requirements. However, certain legislation Gov't Code § 36810. requiring supermajority votes is applicable to charter cities. For example, see California All ordinances, resolutions, and orders for Code of Civil Procedure section 1245.240 the payment of money require a recorded requiring a vote of two-thirds of all the majority vote of the total membership of the members of the governing body unless a city council. Cal. Gov't Code § 36936. greater vote is required by charter. Specific legislation requires supermajority votes for certain actions. Characteristic I General Law City I Charter City Rules Governing Procedure and Decorum Personnel Matters Contracting Services Ralph Brown Act is applicable. Cal. Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 et seq.. May establish standards, requirements and procedures for hiring personnel consistent with Government Code requirements. May have "civil service" system, which includes comprehensive procedures for recruitment, hiring, testing and promotion See Cal. Gov't Code § 45000 et seq. Meyers-Milias-Brown Act applies. Cal. Gov't Code §3500. Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, § 10(b). Authority to enter into contracts to carry out necessary functions, including those expressly granted and those implied by necessity. See Cal. Gov't Code § 37103; Carruth v. City of Madera, 233 Cal. App. 2d 688 (1965). Ralph Brown Act is applicable. Cal. Gov't Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov't Code § 87300 et seq.. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office. May establish standards, requirements, and procedures, including compensation, terms and conditions of employment for personnel. See Cal. Const. art. XI, § 5(b). Procedures set forth in Meyers-Milias-Brown Act (Cal. Gov't Code § 3500) apply, but note, "[T]here is a clear distinction between the substance of a public employee labor issue and the procedure by which it is resolved. Thus there is no question that 'salaries of local employees of a charter city constitute municipal affairs and are not subject to general laws."' Voters for Responsible Retirement v. Board of Supervisors, 8 Cal.4th 765, 781 (1994). Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, section 10(b). Full authority to contract consistent with charter. May transfer some of its functions to the county including tax collection, assessment collection and sale of property for non- payment of taxes and assessments. Cal. Gov't Code §§ 51330, 51334, 51335. Characteristic I General Law City I Charter City Public Contracts Payment of Prevailing Wages Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code § 20162. Such contracts must be awarded to the lowest responsible bidder. Pub. Cont. Code § 20162. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $100,000. See Cal. Pub. Cont. Code §§ 22000, 22032. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Gov't Code § 4526. In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code § 1771. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program See Cal. Labor Code § 1771.5(a) -(c). Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont. Code § 1100.7; see R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38 (1998). Historically, charter cities have not been bound by state law prevailing -wage requirements so long as the project is a municipal affair, and not one funded by state or federal grants. Vial v. City of San Diego, 122 Cal. App. 3d 346, 348 (1981). However, there is a growing trend on the part of the courts and the Legislature to expand the applicability of prevailing wages to charter cities under an analysis that argues that the payment of prevailing wages is a matter of statewide concern. The California Supreme Court currently has before them a case that will provide the opportunity to decide whether prevailing wage is a municipal affair or whether it has become a matter of statewide concern. Characteristic General Law City Charter City Finance and Taxing Power May impose the same kinds of taxes and Have the power to tax. assessment as charter cities. See Cal. Gov't Code § 37100.5. Have broader assessment powers than a general law city, as well as taxation power as Imposition of taxes and assessments subject determined on a case -by case basis. to Proposition 218. Cal. Const. art.XIIIC. Imposition of taxes and assessments subject Examples of common forms used in to Proposition 218, Cal. Const. art. XIIIC, § assessment district financing include: 2, and own charter limitations • Improvement Act of 1911. Cal. Sts. May proceed under a general assessment & High. Code § 22500 et seq.. law, or enact local assessment laws and then elect to proceed under the local law. • Municipal Improvement Act of 1913. See J.W. Jones Companies v. City of San See Cal. Sts. & High. Code §§ Diego, 157 Cal. App. 3d 745 (1984). 10000 et seq.. May impose business license taxes for any • Improvement Bond Act of 1915. Cal. purpose unless limited by state or federal Sts. & High. Code §§ 8500 et seq.. constitutions, or city charter. See Cal. Const. art. XI, § 5. • Landscaping and Lighting Act of 1972. Cal. Sts. & High. Code §§ May impose real property transfer tax; does 22500 et seq.. not violate either Cal. Const art. XI IIA or California Government Code section 53725. • Benefit Assessment Act of 1982. See Cohn v. City of Oakland, 223 Cal. App. Cal. Gov't Code §§ 54703 et seq.. 3d 261 (1990); Fielder v. City of Los Angeles, 14 Cal. App. 4th 137 (1993). May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal. Gov't Code § 37101. May not impose real property transfer tax. See Cal. Const. art. XIIIA, § 4; Cal. Gov't Code § 53725; but see authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code § 11911(a), (c). Streets & Sidewalks State has preempted entire field of traffic State has preempted entire field of traffic control. Cal. Veh. Code § 21. control. Cal. Veh. Code § 21. Penalties & Cost Recovery May impose fines, penalties and forfeitures, May enact ordinances providing for various with a fine not exceeding $1,000. Cal. Gov't penalties so long as such penalties do not Code §36901. exceed any maximum limits set by the charter. County of Los Angeles v. City of Los Angeles, 219 Cal. App. 2d 838, 844 (1963). Characteristic General Law City Charter City Public Utilities/Franchises May establish, purchase, and operate public May establish, purchase, and operate public works to furnish its inhabitants with electric works to furnish its inhabitants with electric power. See Cal. Const. art. XI, § 9(a); Cal. power. See Cal. Const. art. XI, § 9(a); Cal. Gov't Code § 39732; Cal. Pub. Util. Code § Apartment Assn v. City of Stockton, 80 Cal. 10002. App. 4th 699 (2000). May grant franchises to persons or May establish conditions and regulations on corporations seeking to furnish light, water, the granting of franchises to use city streets power, heat, transportation or to persons or corporations seeking to furnish communication services in the city to allow light, water, power, heat, transportation or use of city streets for such purposes. The communication services in the city. grant of franchises can be done through a bidding process, under the Broughton Act, Franchise Act of 1937 is not applicable if Cal. Pub. Util. Code §§ 6001-6092, or charter provides. Cal. Pub. Util. Code § without a bidding process under the 6205. Franchise Act of 1937, Cal. Pub. Util. Code §§ 6201-6302. Zoning Zoning ordinances must be consistent with Zoning ordinances are not required to be general plan. Cal. Gov't Code § 65860. consistent with general plan unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov't. Code § 65803.