The Need for Accountability

By Charles W. Hughes

This paper outlines a proposal for establishing an ad hoc committee to complete an annual review of the City Clerk Department and to provide voters with information on how well the Department is being managed by their elected City Clerk.

Ms. Wayne contends that the City Clerk receives his/her evaluation from the voters of Oceanside when he/she stands for election every 4 years and is not accountable to anyone else. If the Clerk fails to perform his/her duties in a satisfactory manner the only recourse is to wait for the next election and present the issues to the voters. This is not an effective way to manage a city department that administers 4 programs, has 8 full-time employees and an annually operating budget ranging from $850,000 to $950,000. The City Clerk needs to know that he/she will be held accountable annually for his/her job performance and that compensation will be based on performance.

The City Clerk has been an elected position since the City was incorporated in 1888. While many cities over the years have changed their city clerk positions from elective to appointed, Oceanside is 1 of 3 cities out of 18 in San Diego County that continues to elect their clerks. Carlsbad and National City are the other 2. There have been ballot measures submitted to Oceanside voters proposing to change the position to appointed, which the voters have turned down. The last time the measure was on the ballot was over 20 years ago.

Since that time Oceanside has grown significantly with its population expanding by more than 225%. Today Oceanside has a population of 173,200 and is the 3rd largest city in the county and 23rd largest city in the state, and the City Clerk position continues to operate under legal guidelines established in the 19th century. City Council and City Manager may wish to revisit the issue of asking the voters to make the position appointed, but what I am proposing is to modify an elected position that performs ministerial duties to provide some accountability.

I am proposing that the City adopt an ordinance requiring the appointment of an ad hoc committee annually to conduct a review of the City Clerk Department. The ad hoc committee would conduct its review during the same period the City Manager and City Attorney receive their annual reviews. The committee would consist of 3 members with the City Council, City Clerk and City Manager making one appointment each. The City Council and City Clerk would make their appointments from among the current members of the City's 25 advisory groups.

The advisory group members would serve staggered two-year terms and must be Oceanside residents and have a minimum of 2 to 3 years of service on an advisory group to insure some familiarity with city policies and operations. An advisory group member could only serve for 1 2-year term and would be ineligible for reappointment. The staggered terms would provide some continuity from one year to the next. The City Manager would appoint a department director to serve as the third member of the committee. A department director would serve for a one-year term and would be ineligible for reappointment for 10 years.

The goal is to set up a committee format that supports a fair and impartial review while giving everyone involved an opportunity for input in the review process. The voters of Oceanside are represented by the advisory group members who the City Council and City Clerk have an opportunity to appoint. City staff, who works frequently with the City Clerk's office as part of the process to get City Council approval for their programs and projects, has input through the City Manager's appointee. Since there is a large group of potential appointees with over 150 current advisory group members and 17 department directors, there is ample opportunity annually for an objective and fresh review of the City Clerk Department's programs and services. Finally, and most importantly, the ad hoc committee will need to produce a report annually of its findings so that voters will have information available to them to know how well the City Clerk is performing his/her duties.

This proposal for an ordinance to have an ad hoc committee conduct an annual review of the City Clerk Department is preliminary in nature. The City Council, City Manager, City Attorney and other interested individuals and groups need to have an opportunity to offer their ideas. This proposal is being put forth as a starting point for discussions that will, hopefully, lead to the passage of an ordinance to provide for a fair and impartial annual review of the City Clerk Department and the accountability that is needed.