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Riverside County, CA November 6, 2012 Election
Measure S
Council Compensation
City of Indian Wells

Charter Amendment - Majority Approval Required

Pass: 1,894 / 80.32% Yes votes ...... 464 / 19.68% No votes

See Also: Index of all Measures

Results as of November 26 3:17pm, 100.00%% of Precincts Reporting (4/4)
Information shown below: Impartial Analysis | Arguments | Full Text

Shall the Charter of the City of Indian Wells be amended to limit, except as may be required by Federal or State law, the amount of compensation to 1) City Council Members to $1,000, 2) the Mayor to $1,500 and 3) the Mayor Pro Tempore to $1,250 per month, subject to an annual CPI adjustment, plus reimbursement for expenses reasonably incurred in the performance of their duties and approved in advance by the City Council?

Impartial Analysis from Stephen P. Deitsch, City Attorney
Measure "S" proposes an amendment to the Charter of the City of Indian Wells. It would provide that no City funds or other items of value may be provided to or on behalf of any City Council Member for his or her personal use or benefit, except as provided therein or required by applicable State or Federal law. Measure "S" was proposed by initiative petition signed by more than 15% of the registered voters of the City.

The proposed amendment would add Section 101 to Article I of the Charter to state that the following payments may be made to City Council Members:

1. For services rendered as a Member of the City Council - $1,000 per month

2. For services rendered as Mayor + an additional $500 per month

3. For services rendered as Mayor Pro Tem + an additional $250 per month

Beginning July 1, 2014, and each year thereafter, Measure "S" would require the City Treasurer to adjust the above amounts to reflect changes in the Consumer Price Index ("CPI") for the area, as determined by the Bureau of Labor Standards of the U.S. Department of Labor.

In addition to the above payments, Measure "S" would permit reimbursement of ordinary and necessary expenses incurred in the performance of duties as a City Council Member, Mayor, or Mayor Pro Tem, provided such expenses were reasonably incurred and approved by the City Council in advance.

Council Members are currently compensated in accordance with Section
2.08.050 of the City of Indian Wells Municipal Code, which provides that Council Members shall receive a stipend of $2,500.00 per month, subject to an annual Cost of Living adjustment up to a limit of $100.00. By approval of the current year budget, Council Members have reduced their current stipend to $2,300.00 per month. In addition, currently, Council Members may receive compensation in the form of tickets in the possession and control of the City for admission to entertainment, recreational, amusement and similar events.

State law requires that sitting Council Members remain in the CalPERS defined benefit plan once they have elected to opt into CalPERS membership. All of the sitting Council Members have made such an election. Therefore, sitting Council Members must not only continue to participate in CalPERS but, the City must continue to contribute to the CalPERS defined benefit plan on their behalf in the form of the required employer contribution.

If Measure "S" is adopted, the amount payable would be reduced to $1,000.00 per month for Council Members and $1,500.00 and $1,250.00 per month for Mayor and Mayor Pro Tem, respectively, subject to an annual CPI adjustment, plus ordinary, necessary and reasonably incurred expenses approved by the City Council in advance.

If adopted by the voters, this Charter Amendment may be amended or repealed only by vote of the people.

Measure "S" requires approval of a majority of voters. A "yes" vote for Measure "S" will adopt the amendment to the City Charter described above. A "no" vote against Measure "S" will maintain the status quo.

 
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Arguments For Measure S Arguments Against Measure S
STOP Excessive Compensation for Indian Wells Council Members Excessive compensation and benefits for elected officials erodes public confidence in government.

The members of our Indian Wells City Council vote to set their own compensation and benefits. They have abused their authority.

According to official city records, in the past five years, our councilmembers each received an average of $61,800 per year in salary and benefits (the records are available at http://www.cityofindianwells.com/city-council/agendas).

That's not all! Currently, each City Councilmember is enrolled in the state's generous public pension system in which they are eligible to receive tens of thousands of dollars in additional benefits each year for the rest of their lives.

Lifetime pension and healthcare benefits for each current Councilmember could top $500,000!

This compensation system is excessive for a city of 5,000 residents, where City Councilmembers attend a few meetings per month.

That is why, more than 700 of your neighbors, signed petitions to place Measure "S" on the ballot.

Measure "S" will reform our city charter and limit amount the amount of compensation our city councilmembers can receive to $1,000 per month...PERIOD.

That is more than generous considering the limited amount of work our city elected officials are required to do.

Excessive compensation and benefits for part-time elected officials reduces available funding for public safety, road maintenance and other necessary public programs.

When our city was founded in 1967, the mayor and city council served without compensation and there was no shortage of good, qualified public-spirited citizens who were willing to serve.

Our recent mayors and city councils have failed to set the right priorities for our city by limiting their own compensation and benefits. We, the people, must do it for them.

Vote YES on "S"

By: Peter F. Schabarum, "A very interested citizen"

Andy G. Elchuck

Carol Cirbes, Concerned Citizen

Dana Reed, Governmental Ethics Attorney

Rebuttal to Arguments For
The Indian Wells Council Compensation was never excessive. Yet in spite of this, in August, 2011 the Council voluntarily cut its compensation 26%.

Council members spend on average 20 hours per week representing the residents on City business which includes consideration of fiscal, legal, environmental, labor and other issues and challenges. Indian Wells Council Members have the added responsibility of maintaining City liaison over major hotels, worldwide events and the 5th largest tennis stadium in the world.

The Council on its own has proposed additional compensation package reductions which would place the Indian Wells Council in the lower third of Coachella Valley Cities when it comes to Compensation.

The Charter amendment proposal would cut compensation to a level BELOW minimum wage in California! Certainly the expertise and experience that our duly elected Council members bring merits higher compensation than a fast food fry cook. This measure, if enacted, would greatly discourage qualified candidates in being attracted to serve on its Council.

It is neither well thought out nor well intended.

The current Council acted responsibly in carrying out its mandate regulating Compensation. They have also performed in a responsible manner in maintaining fiscal soundness in having not only an unbroken record of balanced budgets but a reserve set aside as well.

Don't try to fix what is not broken!

Vote No on the Proposed Charter Amendment.

By: Michael Kruppe

We agree with the sponsors of Measure "S" that the current level of Council compensation needs to be reduced. We also agree that when a new council pay base is agreed upon, it should be changed by a majority vote of the residents.

We do not agree with the draconian cuts in Council Compensation proposed in this initiative, especially with no stated basis other than "they are overpaid"! Council compensation should be based on an objective and reasonable valuation after considering all of the tangible and intangible assets of the City. This decision should be about a reasonable choice not a punitive action against current Council members.

On August 2, 2012, a reasonable proposal for restructuring Council compensation was introduced. We believe this to be a fair and reasonable compromise plan. It cuts the total Council Member compensation, including all benefits and taxes, by slightly less than 70% of the 2011 high point and 5% below the 2002 total Council Member compensation.

It must be noted that whatever Council compensation levels are adopted they are not just applicable to the current Council, but to all future Councils as well.

The bottom line is vote no on this amendment! If the voters are unhappy with Council's performance, vote them out. Do not punish all future Council members.

By: Gail S. McQuary

Rebuttal to Arguments Against
Opponents of Measure "S" want you to believe that the City Council's efforts to reduce their own compensation have been "reasonable," and the $12,000 annual limit set by Measure "S" is "draconian." They are wrong on both counts.

The `Desert Sun's' well-researched data show that only a handful of California's 478 cities pay their councils more than $20,000 annually. The norm is less than $10,000 annually. Some large cities that pay their council members less than our proposed $12,000 annually include;

  • Laguna Beach ($7,487, population 36,224),
  • Ventura ($7,725, pop. 107,514),
  • Whittier ($10,228, pop. 85,943),
  • Temecula ($10,320, pop. 100,146) and
  • Murrieta ($7,200, pop. 101,462)
  • San Clemente ($5,135, pop. 64,401)

The city attorney's "impartial analysis" of Measure "S" mentions that council members reduced their cash stipend by 8% (to $27,600 annually) but retained all their "employee" benefits (pension & health care)! Additionally they retained their ability to "receive compensation in the form of tickets in the possession and control of the City for admission to entertainment, recreational, amusement and similar events." In light of what other similarly-sized cities pay, their self-imposed reduction to $27,600 annually, we continue to overpay the council.

Measure "S" is NOT designed to "punish" present or future council members + it was signed by five (5) of the ten (10) candidates who are running for city council! It provides fair and reasonable compensation to part-time council members, and puts the controls back in the hands of Indian Wells taxpayers.

Vote Yes on Measure "S".

By: Peter F. Schabarum, Very Concerned Citizen

Carol A. Cirbes, Concerned Resident

Andre G. Elchuck, (Concerned Resident)

Dana Reed

Full Text of Measure S
1. Section 101 is added to Article I of the Charter of the City of Indian Wells to read as follows:

"Section 101. Councilperson's Compensation. Except as below or as may be required by applicable Federal or State law, no City funds shall be expended, or anything of value provided to, or on behalf of, any member of the City Council for his or her personal use or benefit.

The City Treasurer is authorized to make the following payments:

For services rendered as a member of the City Council - $1,000 per month
For services rendered as Mayor + an additional $500 per month
For services rendered as Mayor Pro Tem + an additional $250 per month

Beginning July 1, 2014 and each year thereafter, the City Treasurer shall adjust the amounts above to reflect any changes in the Consumer Price Index for this area as determined by the Bureau of Labor Standards of the United States Department of Labor.

Nothing herein shall be construed to prohibit the reimbursement of ordinary and necessary expenses incurred in the performance of ones duties as a Member of the City Council, or Mayor, or Mayor Pro Tem provided such expenditures were reasonably incurred and approved in advance by the City Council.


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Created: December 17, 2012 13:45 PST
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