Updating San Diego’s City Charter a Recommendation to Amend the Charter’s Provisions Related to Removal of Elected

Conclusions 3

• CL1
  Removal of an elected official for reasons other than as presently listed in the City Charter requires the Charter to be amended. Fact: California’s Constitution specifies that the governing body or a charter commission of a county or city may propose its charter’s revisions.10
• CL2
  The San Diego City Council as a governing body can propose charter revisions which would be presented to San Diego voters for approval or rejection.
• CL3
  After its investigation, the Grand Jury concluded that it would be more advantageous to the community if the City Council developed a process to amend the City Charter to include reasons other than death, resignation or recall for removing elected officials. Moreover, the Grand Jury recommends that a supermajority of the City Council vote on its recommended changes to the City Charter, rather than establishing a charter review commission or committee. Councilmembers would chair hearings in their own districts, prior to a Council vote on proposals to amend the City Charter. Although some opined that a commission would take the “political heat” throughout the process, the Grand Jury came to understand that the commission process is just as sensitive a political matter as are votes by city councilmembers. However, action by the City Council to place its proposed revisions to the City Charter on the ballot without initiating the commission/committee process has the advantage of costing fewer taxpayers’ dollars in addition to saving valuable time. By the time city councilmembers hold public hearings in each of their own districts and finally vote on final recommendations, San Diego voters should be well aware of the issues involved as they go to the ballot box to support – or reject – the Council’s proposals for change. 6 San Diego Municipal Code, §26.0404 4 SAN DIEGO COUNTY GRAND JURY 2013/2014 (filed March 13, 2017) FACTS AND FINDINGS Fact: The San Diego City Charter can be amended pursuant to Article 11, Sections 3 and 7.5 of the Constitution of the State of California. Fact: The Constitution of the State of California states that a county or city charter can be amended, revised, or repealed by a majority vote of its electors voting on the question.7 Fact: The City Charter provision for removal of elected officials supersedes the California Government Code and the San Diego Municipal Code.8 Fact: The San Diego City Charter specifies the conditions by which elected officials can be removed as death, resignation or recall. Fact: The City Charter’s Section 108 provides one possible additional avenue for removing a public official for fraud but not for other felonies. Fact: The San Diego County Grand Jury does not have the procedural means to file an accusation against an elected official of the City of San Diego leading to removal.9 Finding 01: Removal of an elected official for reasons other than as presently listed in the City Charter requires the Charter to be amended. Fact: California’s Constitution specifies that the governing body or a charter commission of a county or city may propose its charter’s revisions.10 Finding 02: The San Diego City Council as a governing body can propose charter revisions which would be presented to San Diego voters for approval or rejection.

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