Voters have some homework before Nov. 7
In an attempt to simplify and clarify a voter-approved initiative prohibiting kickbacks to elected officials in exchange for votes, the council chose to place the Good Government Act of 2006 on the ballot. Councilman Kevin McKeown opposed the move, stating he preferred to deal with campaign contributions and gift limits at the same time the council considers public financing of campaigns, also known as “clean money.”
If approved, the act would replace current restrictions on gift-giving or campaign contributions in exchange for a “yes” vote in favor of those giving the gift, with prohibitions against any gift-giving of more than $50, regardless of the vote. One person could not give gifts totaling more than $250 a year. City officials would also be prohibited from making decisions on issues in which the party directly involved is negotiating, or has any arrangement concerning current, future or prospective employment with that official.
The act would replace the Oak’s Initiative, or Prop. LL, passed by nearly 60 percent of voters in 2000. City Hall sued the City Clerk’s Office to have the Oaks Initiative ruled unconstitutional because it believed the law prevents residents and others from participating in the electoral process, discourages public participation on boards and commissions, and is too burdensome and confusing to be complied with correctly, forcing part-time politicians to hire expensive, expert treasurers to ensure they aren’t violating the law.
Those opposed to the act, including the Santa Monica-based Foundation for Taxpayer and Consumer Rights, claim elected officials are doing away with the law because it limits their ability to raise funds for their re-election campaigns. They say the act proposed would weaken current standards and allow for City Council members and others to receive kickbacks in exchange for their votes.
“The … council has spent years trying to overturn the voter mandate that said city officials can’t reap personal rewards from people they grant taxpayer dollars or award other public benefits,” said Carmen Balber, of the foundation, which helped author the Oaks Initiative. “This time, they’ve bulldozed a last-minute measure onto the ballot in the hopes of pulling the wool over the voters’ eyes. Politicians lost this fight once at the ballot. They’ll lose it again when the voters don’t fall for their bait-and-switch scheme to replace Santa Monica’s strongest-in-the-nation ethics law with weak rules every city in the state already follows.”
This measure would give the city manager more power in the hiring and firing of City Hall’s top executives by re-classify-ing department heads as “at-will”employees, stripping them of protections granted under the city’s civil service system. Voters are also being asked to give the City Manager sole authority over the hiring of department heads without first seeking the approval of city commissioners and board members.
City Manager Lamont Ewell said the reforms are necessary because the civil service system is outdated and hinders the swift removal of those managers who perform poorly. In some extreme cases, it has taken as long as two to three years to fire someone under the system’s lengthy disciplinary and review process, Ewell said.
The charter changes — four in all — would create greater accountability on all levels of government, while modernizing the civil service system to bring about more efficiency in operations, said Ewell, who made the request for the council to place the measure on the ballot.
Those who would be affected by the proposal include all department heads, except the chief of police. City Attorney, council members and the City Manager, all of whom are already considered at-will employees, are not covered by the civil service system.
Of those department heads that may be affected, several said they support the reforms. They include the director of Community and Cultural Service, Finance and Human Resources, according to prior interviews.
The charter changes have been implemented in other cities, including Beverly Hills, Culver City, Burbank, Long Beach and Pasadena.
The last day to register to vote in the election is Oct. 23. Voters may request absentee ballots Oct. 9 through Oct. 31.
Originally published in the Santa Monica Daily Press print edition on August 12, 2006. Read the original PDF.