Measure J would amend the City Charter to remove the requirement that boards and commissions “only shall be advisory to the Council” to confirm that the City Council may grant decision-making authority to these appointed bodies by ordinance.
This measure requires approval by a majority of voters voting on the measure to pass.
Fiscal Impact: Measure J is not expected to have a fiscal impact.
Next Sacramento County Measure: Measure K
Pro:
Supporters say Measure J is needed to clarify conflicting language in our City Charter and maintain elected official oversight over our boards and commissions. The current charter contains a sentence that "all boards and commissions only shall be advisory to the Council", yet three separate sentences in the Charter allow the City Council to set Commission powers, duties, qualifications, removal, and compensation, if any, by ordinance. Measure J resolves this inconsistency.
Measure J does not expand the authority of unelected commissioners. Any authority must be granted through a public ordinance adopted by the City Council that specifies exactly what authority is assigned, to which body, and under what rules. Decisions made underdelegated authority remain subject to appeal to the City Council, preserving final oversight and accountability to voters. Commissioners must continue to be Folsom residents and registered voters.
A YES vote on this measure means: you will authorize a Charter amendment to allow the City Council to grant decision-making authority to City boards and commissions.
Con:
Opponents say the current situation currently strikes a wise balance in allowing the City Council to create Boards and Commissions to serve important functions while restricting our elected City Council from granting its decision-making authority to non-elected individuals sitting on Boards and Commissions.
Amending the City Charter to allow the City Council to delegate decision making authority to non-elected individuals will reduce City Council accountability to the voters and should be rejected.
A NO vote on this measure means: you will not authorize a Charter amendment to allow the City Council to grant decision-making authority to City boards and commissions.
Background
The Folsom City Council appoints residents to serve on commissions to guide important decisions affecting the community. These bodies hold public meetings where specific community issues are reviewed in detail. The appointed commissioners receive reports from City staff, presentations from those seeking permits or other City approvals, and public comments from members of the community.
There are currently six City commissions, including the Arts and Culture Commission, the Historic District Commission, the Library Commission, the Parks and Recreation Commission, the Planning Commission, and the Utility Commission.
The City Charter gives the City Council authority to set the powers and duties of the Planning Commission, the Parks and Recreation Commission, and other boards and commissions created by the Council.
Separately, the City Charter says that boards and commissions “only shall be advisory to the Council”. Advisory bodies make recommendations and advise the City Council but cannot make binding decisions.
Proposal
Measure J would not require the City Council to grant decision-making authority to any board or commission. It would give the City Council discretion to grant individual boards or commissions decision-making authority. This authority could be broad or limited to specific circumstances, as determined by the Council. The City Council could also remove this authority to make a board or commission only advisory.
Measure J does not affect appeal rights. Any decision made by a City commission can be appealed to the City Council.
The commission most likely to be affected by Measure J is the Historic District Commission. This commission reviews development proposals in Folsom’s Historic District to help preserve and enhance its historic atmosphere and to ensure that new development is consistent with the historical character of the district. The City Council currently makes all binding decisions affecting development in the Historic District. If Measure J passes and the commission has decision-making authority, certain projects in the Historic District may proceed more quickly because separate City Council approval will not be required.
Source: Measure J Impartial Analysis