Clarifier: The proposal would let Councilmembers exempt themselves from a management reviewed Fiscal Impact Statement with their proposals if "in their opinion" it would have no fiscal impact.
(Nov. 28, 2014, 9:05 p.m. w/ clarifier added Dec. 1, 9:45 p.m.) -- Vice Mayor Suja Lowenthal, now-exiting Councilman (Assemblyman-elect) Patrick O'Donnell and newly elected Councilwoman Stacy Mungo have proposed (as members of the Mayor-chosen Council Budget Oversight Committee) that the Council change Long Beach policy to let Councilmembers -- and any LB elected officials including the Mayor -- effectively exempt themselves from the current requirement to include a [clarifier: management reviewed] Fiscal Impact Statement for items they agendize. Under the proposed change, LB elected officials could avoid including a [clarifier] management reviewed [end clarifier] Fiscal Impact Statement if -- in the elected official's opinion -- their item would have no financial cost or other fiscal impact, or use significant staff time or require a significant diversion of resources. [Additional clarifier] Under the proposed text, Councilmembers could compose their own Fiscal Impact Statements, with review required by management for proposals if the elected official effectively acknowledges there would be some fiscal impact [end clarifier.] [Scroll down for further] |
Under the proposed change, if Councilmembers "in their opinion" don't believe their item would have a financial impact, they'd instead insert this pre-written specified verbiage:
The proposed change in LB policy, scheduled for a Council vote on Tues. Dec. 2, has to date received no verbal mention or public statements in Committee discussion by the three Councilmembers bringing it forward for enactment.
Below is the pertinent portion of the Council item agendized for Dec. 2, displaying LB's current policy and the Lowenthal-O'Donnell-Mungo advanced verbiage:
[current verbiage] Policy - For any proposed City Council action, an analysis shall be included with the description of that proposed action that describes the projected or potential impact on revenues and expenditures, and on the City's financial position, and, if significant, on the potential use of or diversion of City resources' such as staff, materials, or equipment. For any expenditure, the funding source must be identified as well as whether the expenditure has been budgeted and what the prior year expenditure was,
where applicable, There should also be a discussion of any economic impacts to the City, if relevant.
[proposed added verbiage] The fiscal impact may be prepared by the originating department or elected or appointed office, but must be reviewed by the Financial Management Department and is to be modified by Financial Management if needed to better describe the fiscal
impact. The proposed City Council Letter should be submitted in accordance with normal administrative timeframe to allow for Financial Management Department review and comment. If time is not sufficient for the required Fiscal Impact analysis, Financial Management may hold the item, provide a preliminary fiscal impact analysis, or may indicate on the Council Letter fiscal impact statement that additional analysis and information is recommended.
An elected official is not required to have a review by the Financial Management Department if in their opinion the proposed City Council item does not have any financial cost or other fiscal impact and its approval will not result in the use of significant staff time or require any significant diversion of resources. In such a case, the Fiscal Impact statement must be as follows: [Italicized in memo] "No financial cost or other fiscal impact and no significant staff work or other diversion of resources is intended with City
Council's approval of this item..Action on this item is not to result in any Significant financial cost or fiscal impact, use of staff time or other resource diversion. As a result, the Financial Management Department has not been requested to perform a fiscal
impact review." The item's procedural origin is public record (detailed below), but LBREPORT.com has been unable to find any public record of verbal discussion of the item by any of the Committee members (Lowenthal, O'Donnell or Mungo) who've advanced it for a Dec. 2 full Council vote.
Below is the procedural record to date:
At the Aug 12, 2014 Committee meeting, Financial Management Director John Gross engaged in a colloquy with the Committee on issues such as including multi-year Fiscal Impact Statements...but neither Lowenthal nor Mungo made any public mention of changing policy verbiage to let all elected officials exempt themselves from including Fiscal Impact Statements with their agendized items based on their self-opinion of their item's impacts. LBREPORT.com provides audio of the Committee's Aug. 12 discussion for reference here.
The memo text proposes the following change:
An elected official is not required to have a review by the Financial Management Department if in their opinion the proposed City Council item does not have any financial cost or other fiscal impact and its approval will not result in the use of significant staff time or require any significant diversion of resources. In such a case, the Fiscal Impact statement must be as follows: [Italicized in memo] "No financial cost or other fiscal impact and no significant staff work or other diversion of resources is intended with City
Council's approval of this item..Action on this item is not to result in any Significant financial cost or fiscal impact, use of staff time or other resource diversion. As a result, the Financial Management Department has not been requested to perform a fiscal
impact review." Financial Management Director Gross states verbally to the Committee:
Asked by chair Lowenthal what the next step would be to enact the new policy, Mr. Gross said the next step would be to make a recommendation to the Council to revise the policy "based on this wording [in his Oct. 17 memo] or whatever the wording is if you wish to change it and then they [the Council] would adopt the policy."
O'Donnell made a motion, seconded by Mungo, to do so. It carried 3-0. LBREPORT.com provides audio of the Committee's Oct. 21 discussion for reference here. On that basis, the proposal to change current LB fiscal/budget policy to let LB elected officials avoid including a [clarifier added] management reviewed Fiscal Impact Statement for their agendized proposed actions if "in their opinion" their item won't create fiscal impacts will reach the Council for discussion and enactment, modification, or rejection on Dec. 2.
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