Cruz Thinks

PETITION FOR SUBMISSION TO VOTERS OF PROPOSED AMENDMENT TO THE OAKLAND CITY CHARTER

Title of Proposed Measure: AN AMENDMENT TO THE OAKLAND CITY CHARTER REQUIRING IMPLEMENTATION AND MAINTENANCE OF A DEMOCRATIC BUDGET PROGRAM.

This measure would amend the City Charter to require that the City of Oakland implement and maintain a “Democratic Budgeting Program.”

Democratic Budgeting Program.

The Democratic Budgeting Program promotes active citizenship, community learning, and direct democracy by providing the residents of Oakland a governing process that allows participating residents to collectively determine how the budget of the City of Oakland is allocated through participation in the Neighborhood Assemblies and Citywide Committees designated herein.

PROPOSED TEXT OF INITIATIVE:

Proposed Charter Amendment -- Oakland City Charter, Section 801 and New Section 813 under Article VIII.

Article VIII-Fiscal Administration

Section 801. Budget

Amendment: Each department, office and agency of the City shall provide to Democratic Budget
Program (hereafter, DBP) personnel, officers, and Neighborhood Assemblies (NAs), in the form and at the time directed by the Mayor and City Administrator all information required by them to develop a budget conforming to modern budget practices and procedures as well as specific information, which may be prescribed by the Council. Under the direction of the Mayor and Council, the City Administrator shall prepare budget recommendations for the succeeding fiscal year. The Mayor shall present said budget recommendations to both the City Council and to the Congress of Directors. Following City Council Budget Hearings, Neighborhood Assembly Meetings, and Citywide Committee workshops, a public vote shall be conducted pursuant to Section 813 below, in which voters shall select either the original budget recommendations as prepared by the City Administrator under the direction of the Mayor and the Council, or the budget recommendations prepared by the Citywide Committees under the direction of participants in the Neighborhood Assemblies. The City Council shall adopt the budget of expenditures and appropriations as voted by the public for the ensuing year.
Section 813. Democratic Budget Program
This article establishes the Democratic Budget Program (DBP). The DBP is subordinate only to the Residents of Oakland; the DBP is on the same organizational level as the City Attorney, Mayor, City
Council, and City Auditor. Residents of Oakland shall be able to determine how the city’s budget is
allocated through a direct vote at Neighborhood Assemblies designated in this article.
I. The Democratic Budget Program Fund

(1) The annual budget for the DBP is initially equivalent to at least $2.55 million in 2012 dollars, to be adjusted in accordance with the inflation index. For the first five years, the COD can adjust line item levels upwards. After that point, the budget shall be subject to the standard budgeting process. Initially, the budget must include the following line items at the following levels.

Table 1

Item Percentage of total DBP budget

Salaries and benefits 51%

Neighborhood Assembly budgets 30%

Training and leadership development, for directors, organizers and coordinators 13%

Office and administrative expenses, including rent and mailing 6%

TOTAL 100%

(2) Salaries and benefits.

The following are floor amounts and can be adjusted upward by the COD.

a) Coordinators
Coordinators are FTEs compensated at least the following amount, in 2012 dollars to be
adjusted in accordance with the inflation index, plus benefits equivalent to $25,000 annually, in
2012 dollars to be adjusted in accordance with the inflation index.

Salary: $25 -33 hourly

$4,000-5,280 monthly
$48,000-63,360 annually

b) Organizers

Assuming a .5 FTE, Organizers are compensated at least the following amount, in 2012 dollars to
be adjusted in accordance with the inflation index, plus benefits equivalent to $12,000 annually,
in 2012 dollars to be adjusted in accordance with the inflation index.

Salary: $25 - 33 hourly

$2,000-2,645 monthly
$24,000 - 31,740 annually

II

Formation of the DBP (1)

District Launch Assemblies

Within thirty days after passing the initiative, the City Clerk’s office must notify all residents of Oakland of District Launch Assemblies, including a call for candidates for the Coordinator positions, and basic information about the DBP. The District Launches must be held within (10)ten weeks of passing the initiative. The City Clerk shall coordinate with the DBP Campaign Coalition and city departments (including but not limited to Neighborhood Services) to delegate responsibilities for planning, facilitating, and securing locations for the District Launch Assemblies. Decision-making at District Assemblies require a quorum of 75 district residents aged 16 and over.

a) Election of coordinators: Coordinators are chosen by majority vote. Coordinators for each

Council District will be chosen by eligible voters in that district. All eligible voters are eligible to
run. Interested parties must submit their petition for candidacy no later than three weeks after

notification of the District Launch Assemblies, accompanied by thirty signatures from eligible

voters in their district. Votes are cast at the District Launch Assemblies in a manner determined
and facilitated by the DBP campaign coalition.

b) DBP Campaign Coalition: The organizational representatives and community leaders that

comprise the DBP initiative campaign coalition, plus any other organizations or community
leaders they appoint to the Coalition.

c) Hiring of Organizers: Solicitations for applicants to the Organizer positions occurs at the

District Launch Assemblies , facilitated by the DBP campaign coalition. Organizers must be hired
by Coordinators within one month of the District Launch Assemblies. Coordinators must also
notify all district residents of the Organizer position openings.

d) Deadlines and Consequences: If notification deadlines described in this section are not met,

the City Administrator and City Council shall be docked in daily pay for each day of delay. These
funds will be transferred to the DBP Fund.

(2)

Neighborhood Launch Assemblies

Within four weeks after the District Launch Assembly, the City Clerk’s office must notify all residents of Oakland of the Neighborhood Launch Assemblies including a call for candidates for Director positions and Neighborhood Launch assignments by geographic area. Notification must occur by mail, phone, or face to face contact. Organizers-- once they are hired--shall assist in informing residents. The Neighborhood Launch Assembly must be held within seven weeks of the District Launch Assemblies. Coordinators will work with the appropriate City offices and the DBP campaign coalition to determine locations and any other logistics for the Neighborhood Launch Assemblies.

NA boundaries and Directors are determined at Neighborhood Launch Assemblies within each NCPC. To make these decisions, a minimum of seventy five residents who meet the definition of a “voting member” must be present at each Neighborhood Launch. Decisions at Neighborhood Launch Assemblies will be made by majority vote.

a)Determination of NA boundaries: Each Neighborhood Launch Assembly will receive a map of their NCPC. Coordinators will determine and facilitate a process by which participants will divide the NCPC district into NAs of 3000-5000 people each. The final NA boundaries must be decided by majority vote.

b) Election of directors: Any voting member of an NA may run for the position of Director.

Within 2 weeks after notification of the Neighborhood Launch Assembly, interested parties must submit their petition for candidacy and 20 signatures from eligible voters in their Council District. The Directors for each NA will be chosen as follows: candidates who received the first and second most votes will be appointed for a three year term; the remaining three candidates who receive the highest number of votes will be appointed for a two year term.This is to ensure that after the first two years of implementing the DBP, the terms of at least two experienced Directors will always overlap with the terms of newly elected Directors.

III. Neighborhood Assemblies

(1) Size
Neighborhood Assembly (NA) boundaries are based on the Neighborhood Crime Prevention Council

(NCPC) districts as of June 2012. The NCPC districts will be subdivided into NAs of 3,000-5,000 people. The subdivision boundaries will be determined by Neighborhood Launch Assemblies in each NCPC (see above). The Congress of Directors may propose changes to the following: NA boundaries; and minimum and maximum population thresholds for NAs. Proposals will be voted on by NAs at the time of the citywide budget vote in June.

(2) Meetings
NAs will hold meetings at least ten times per year during ten different months. The first NA meetings shall be held within one month of the Neighborhood Launch Assemblies. The meetings will be open to the public and publicized among residents of the NA. Coordinators must oversee the following public notification practices: (a) mailings and/or other forms of messaging such as email or text messages to NA residents at least one week prior to a meeting and two weeks prior to a city wide budget election; b) meeting notification posted online. Each meeting will last at least two hours, with at least one half hour devoted to information sharing and discussion of city departments and the budget. Meeting minutes will be accessible online. Additional topics of meetings may include but are not limited to general political, cultural, and educational matters--discussions, presentations, trainings, and performances.

a) Budget vote meetings

Once per year, at a meeting to take place in the first two weeks of June, NAs will host a vote on

the city budget.

(3) Voting Members
The voting members of an NA are the residents of the NA boundary who are aged 16 years or older and who are in attendance at an NA meeting. Proof of residence may be no more or less stringent than that used in acquiring a membership at an Oakland library. In order to vote on the city budget at the June meeting, NA members must have attended at least two prior meetings of any NA during the preceding year.

(4) Neighborhood Assembly Decision-Making Process
A quorum of thirty voting members is required for decision making in an NA. Voting members of NAs will make decisions based upon a majority vote, amendable later by the NA itself. Examples of decisionmaking include but are not limited to electing directors, putting forth a proposal to any committee, or creating a committee or subcommittee. An opportunity for deliberation is required before voting.

5) Directors
a)

Election of Directors Following Inaugural Year

The voting members of each NA will elect between three and five directors to collaboratively
administer the NA. In all subsequent elections after the inaugural year, all Directors shall be
limited to serving two-year terms and are eligible to serve multiple, non-consecutive terms.
Individuals interested in serving as Directors must first gather twenty signatures from residents
who live within the NA boundary supporting their nomination. NA voting members will elect
new Directors by majority vote at the end of an exiting Director’s term, which will fall in the
same month in which they were elected.

Duties

Directors perform various facilitation duties, including but not limited to setting NA meeting
agendas, scheduling dates and securing locations for NA meetings; publicizing meetings, rolltaking
of meeting participants, leading NA decision-making processes, such as NA voting

systems, or stewardship of the NA Operating Funds and purchasing supplies for each meeting.

c) Training and Leadership Development

The TLD of Directors shall focus on two categories: leadership and local knowledge. Leadership
training includes but is not limited to building skills in facilitation and group decision-making,
communication and outreach, management, and organization. Local knowledge includes but is
not limited to increasing understanding of current and historical cultural and economic trends in
Oakland, the functioning of City departments, and issues impacting Oakland’s budget.
(6) NA Budget
Each NA is allocated a minimum of $7,560 per year (i.e. $630 per month) in 2012 dollars, adjusted for inflation, for meeting supplies and outreach materials. All funds not spent by the end of the fiscal year will be transferred back to the Democratic Budget Program Fund (DBPF).

(7) Neighborhood Assembly Education
The same financial information provided to city council and the mayor for the proper allocation of the budget shall be extended to DBP personnel, officers, and NAs.

(8) Location
The City of Oakland shall subsidize or make available at least one space that can accommodate a
minimum of 100 people each month for each participating NA. Directors are responsible for identifying and securing locations. The location shall meet the accessibility standards of public meetings (ADA).

IV. Personnel for Democratic Budgeting Program

The DBP shall be supported by two categories of paid personnel: Coordinators and Organizers. DBP

personnel are city staff and entitled to all of the rights and responsibilities afforded thereto.

(1)Coordinators

One Coordinator shall be hired per council district, and they shall have jurisdiction over that district.

Following the first year of the program (See “District Launch Assemblies”), Coordinators will be hired by the Directors of NAs in their district. Coordinators must live within the district in which they are hired. Coordinators shall promote the DBP to the public; serve as liaisons between NAs and city officials; ensure the popular education about the budget and city departments to the NAs; hire and oversee the work of Organizers; support the work of the Directors; support the leadership development of Directors; maintain the DBP’s web presence and databases; and administer NA budgets to Directors within their jurisdiction. In their role as liaison between city departments and residents, Coordinators shall ensure that educational and informational materials are appropriately and sufficiently prepared for NAs. In addition to administering the DBP fund, Coordinators shall produce a quarterly financial report to be made publicly available, and submit it to the Congress of Directors. The Coordinators must prepare basic introductory information about the budget process to be presented at the first NAs by Directors, local volunteers, and members of the DBP Campaign Coalition. Coordinators are city staff and are entitled to all of the rights and responsibilities afforded thereto.

(2) Organizers

The Coordinators shall hire three Organizers per council district. The Organizers work initially halftime, in collaboration with the Coordinators. (The number of Organizers and their weekly work-time are adjustable upwards at the discretion of the COD.) Organizers support the NAs within their district by performing outreach within their district, with a special emphasis on NA areas with lower rates of participation. Their tasks include door-to-door outreach, presentations to community groups, use of social media and other organizing methods to inform people in the community of NA activities, decisions and meeting agendas; conducting polls and surveys; helping organize the election process for NA Directors. Organizers may be called to assist with support for the CWCs and the COD, or under special circumstances as determined by the Coordinators or the COD. Organizers may be deployed outside their district. Organizers are paid an annual salary and benefits as delineated in the section on the DBP Fund. They are hired for year-long contracts. Organizers must be residents of Oakland. Preference is given to residents of the district for the position of Organizer. The contract of an Organizer is automatically renewed unless at the year-end review, the COD recommends against rehiring. If organizers are part of a union, the evaluation process and any firing or other changes to employment that result must comply with the union’s just cause for discipline clause.

V: Congress of Directors

Directors

The executive of the DBP is the Congress of Directors (COD) or any duly appointed committee

thereof.

(1) Function

The COD is made up of all NA Directors. It meets at least twice a year. All Directors are expected to

attend or to send a surrogate. The COD's functions include: 1) receiving, compiling, and preparing for vote proposals from NAs that have to do with changing how the DBP works; 2) overseeing the DBP staff; 3) collection and redeployment of leftover funds from the NAs; 4) amending as desired any amendable portions of the DBP that do not require a vote of the NAs; 5) reviewing the overall DBP budget; 6) overseeing the overall functioning of the DBP, including the citywide votes; 7) facilitate the exchange of information between City Departments and the NAs. To perform its tasks the COD may direct staff or form empowered committees of the whole as needed.
(2) COD decision-making

COD will make decisions based upon a majority vote, amendable later by the COD. Meetings will be

open to the public.
(3) Amending the DBP

Unless specifically stated, all such changes may be decided by the COD. The other sort of changes which require citywide vote work just like program specific proposals, except that such proposals go to the COD instead of to a CWC. These items are voted on at the same time as the City budget. Directors must meet together at least twice a year. One meeting shall occur prior to the city budget vote in June to vote on proposals to amend administrative tasks outlined in this article, or proposals to amend the funding of a given NA. In this meeting prior to June, Directors will also compile proposals intended to amend the process of the DBP and place these proposals on the ballot for the city budget vote in June.

VI: Citywide Committees

The purpose of Citywide Committees (CWCs) is to receive and synthesize department-specific program proposals from NAs, and to make proposals regarding the disposal of special (i.e. non-general) funds. CWCs make monthly reports to NAs.

(1)Formation

A CWC for a given department is convoked once one of the following occurs: 1) at least one NA in each City Council District approves a proposal specifically focused on that department, or 2) some set of Directors collectively representing NAs in each City Council District calls for the formation of such a CWC. Once convoked, a CWC exists throughout the year, and in perpetuity unless the COD votes to dissolve it.

(2) Composition and Meetings

CWCs are comprised of up to one delegate (and one backup delegate who will attend the CWC if

the main delegate is unable to) elected by each NA, and up to one delegate from the appropriate
City Department. Elections for CWC delegates are held every two years. CWC delegates can serve a
maximum of four consecutive terms. Quorum consists of at least 7 NA delegates. A CWC votes according to majority rule, until and unless it decides to change its voting procedure to require a higher threshold of agreement. CWCs meet at least once every two months. Their meetings are public in accordance with the usual meeting rules for deliberative bodies. The work of the CWCs is supported by DBP staff. The City shall make available space for the meetings of the CWCs. Departments are expected to share any and all information they currently share with the Mayor, City Administrator and City Council as pertaining to the development of the budget with the CWCs.

(3) Department-Specific Program Proposa

Throughout the year, a CWC receives proposals from NAs regarding the specific budget for their

Department. A voting member of an NA may submit a proposal on matters impacting the budget of
a specific department to be passed by the NA with majority approval. Approved proposals will then
be submitted to the appropriate Citywide Committee. The CWC reviews the proposals it receives and selects from and synthesizes those proposals into a single Departmental Program Proposal (DPP) to be submitted to the COD along with any explanatory materials. The COD will submit all such CWC proposals to vote at the yearly NA budget vote. The departments are encouraged to collaborate with the CWCs and may develop a joint budget proposal to be voted upon in the manner below.

(4) Special Funds Proposals

The CWC makes recommendations to the COD regarding the use of special funds for their department. The COD receives all such proposals from the CWCs and synthesizes them into a package to be voted on at the yearly NA budget vote. (See the section on the budget vote.)

VII. City Budget Vote

All aspects of the City budget heretofore decided by the City Council and Mayor are hereby decided by residents of Oakland in accordance with the process herein.

(1) Budget for the City Budget Vote

A budget in the amount required to hold an election for 20,000 voters shall be set aside for the annual budget vote. The COD may adjust that amount as needed. Any unused funds shall expire.

(2) Eligibility

All voting members who have attended at least two prior NA meetings during the current fiscal year may vote on the city budget. Participation of one NA in each council district is required for a citywide vote to occur. If this quorum is not met, the budget is decided by City Council.

(3) Ballot Distribution and Voting Procedure

Voting on the budget is to occur during a one week period in June. Copies of the ballot are to be

distributed no later than third week in May. During the allotted one-week period, each NA must

convene a special meeting dedicated to the budget vote. Each NA shall serve as a polling place.
For the purpose of voting on the city budget, all NAs shall have access to the same voting equipment and resources provided for other municipal elections. In accordance with state law, there will be a hand count of 1% of all ballots.

a) General Funds Allocation

The first section of the ballot will determine the allocation of general funds across all city departments. The voters will decide what percentage of the general fund will be allocated to each city department. Information on prior year allocations will be included on the ballot, as well as recommendations from CWCs and City Council. The function of each department will be briefly summarized on the ballot. The final allocation is simply the average of all the votes, with a blank vote counted as a vote to keep the amount the same as the prior year. The general funds allocation thus decided goes into effect in the second calendar year thereafter.

b) Special Funds Allocation

The second section of the ballot will determine allocation of special (i.e., non-general) funds among the City departments. Voters will decide between two allocation packages--i.e. slates combining all special funds: the allocation package recommended by the COD (which synthesizes proposals from the CWCs) and the allocation package recommended by City Council. The final result will be the average of the two packages as determined by the proportion of votes for each. A vote for both is counted as half a vote for both, and vote for neither is not counted. The general funds allocation thus decided goes into effect in the second calendar year thereafter.

c) Departmental Program Vote

The third section of the ballot will determine how the Departments are to spend their funds in the

following calendar year, given allocations previously determined either via the DBP process or, by
necessity at the beginning of DBP implementation, via prior City Council procedure.
For each department, voters will choose between up to two

departmental programming proposals

(DPP) which spell out how the department is to use its funds: a proposal submitted by the appropriate CWC and a proposal submitted by the Department staff. The DPP receiving the majority votes wins. If a CWC does not submit a proposal, the default winner is the Departmental staff proposal. A blank vote or an evenly split vote (extremely unlikely as it may be) is considered by default to be a vote for the Departmental staff recommendation.