Visalia’s Charter: Time For A Refresh

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charter city is a municipality where the governing system is defined by its own unique legal document—a city charter—rather than solely by general state, provincial, or national laws. Visalia’s charter was created in 1923, and updated in 1974. We’re due for some critical thinking on the charter, and some updates to reflect today’s world. Much of the charter still works, but much of it also needs amending. I uploaded the Charter to Grok, and asked it to analyze the current document, and suggest things to bring it into the 21st century. Here’s what it came up with. (The current Charter can be found at the end of this blog.)

Analysis of the City of Visalia Charter

The provided Charter of the City of Visalia, adopted in the early 20th century and last amended in 1974 (with Section 21 deleted), establishes a council-manager form of government with broad home rule powers over municipal affairs, as permitted under Article XI of the California Constitution. It is a concise document (around 25 articles) that emphasizes local control, fiscal conservatism, and procedural safeguards, reflecting the era’s priorities like post-Depression financial limits and mid-century urban planning. The charter aligns with California’s framework for charter cities, granting supremacy over “municipal affairs” (e.g., elections, officer compensation, zoning) while subordinating to state law on “statewide concerns” (e.g., housing mandates, labor relations under certain statutes).

Key strengths:

  • Home Rule Emphasis: It robustly asserts powers over utilities, zoning, franchises, and emergencies, consistent with charter city autonomy.
  • Fiscal Prudence: Strict limits on taxes (1% property tax cap, specials for libraries/parks), debt (20% of assessed value), and bidding (aligned with state thresholds) promote accountability.
  • Governance Structure: Council-manager system with appointed officials (e.g., City Manager handles operations) supports professional management.
  • Public Safeguards: Provisions for initiative/referendum/recall, open meetings, and audits enhance transparency.

Key weaknesses/outdated elements:

  • Language and Inclusivity: Gendered pronouns (“he,” “his”) assume male officeholders, excluding modern norms of gender neutrality.
  • Lack of Modern Priorities: No explicit focus on equity, sustainability, technology, or post-2020 innovations like remote governance.
  • Potential Conflicts with State Law: Some sections (e.g., zoning, elections) predate major reforms like Proposition 13 (1978), SB 9 (2021 on lot splits/duplexes), or redistricting laws (e.g., AB 764, 2024). Courts have increasingly classified housing as a statewide concern, limiting charter city exemptions.
  • Rigidity: Fixed processes (e.g., 2-hour notice for special meetings) hinder agility; no provisions for term limits, ethics commissions, or diverse representation.
  • Omissions: Lacks sections on climate resilience, data privacy, or economic development tools common in updated charters.

Overall, the charter functions but feels archaic compared to peers like San Francisco (reformed 1996, ongoing updates) or Oakland (1998 shift to mayor-council). Modern best practices, per the League of California Cities’ Charter City Toolkit and the National Civic League’s Model City Charter (9th Edition, 2021), emphasize flexibility, equity, and performance metrics. California’s 121 charter cities (out of 482 total) often use charters for tailored governance; Visalia could enhance efficiency without losing core principles.

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A mystery, a hunt, then success!

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On September 8, I wrote about the City of Visalia and it’s Charter. I noticed in one section it said (Deleted November 4, 1974). No mention of what that section was, or why it was “deleted”.

Under Article XVI, Section 21 said simply “(Deleted November 4, 1974)”

Well, I needed to know what that was all about.

I cogitated about it for a while. A mystery that kept bugging me, begging to be solved. Last Monday I decided to track down the truth, if possible. Looking online hadn’t turned up the missing section, and it had been 50 years since the change was made. The local newspaper doesn’t have online access for historical stuff, and while I had the date of the vote taken to approve changes to the Charter, I didn’t know when the City Council had acted to put the measure on the ballot. That could have been almost any time in 1974, to have time to get it on the mid-term election ballot in November. I really didn’t want to sit in front of the micro-fiche reader at the library, scrolling through the newspapers for every day that year! (Are micro-fiche readers and their films still a thing?)

The hunt had to be done the old-fashioned way – sleuthing in person.

I headed down to the library to see if they had a copy of the original charter, but they were closed for Indigenous People’s Day (It might be called something else, too, but never mind that…)

Next stop – The City Clerk’s office. I was surprised to find the offices open, since it was that holiday. I also expected it might take a while to find that for which I was looking. I was afraid that the relevant documents would be in that warehouse where the US Government stuck the Ark of the Covenant, as seen in one of the Indiana Jones’ movies, or in Warehouse 13. The City Clerk thought it might take some digging, too. The Assistant City Manager came by as we were discussing the Charter, and since he’s new to the city as well, he didn’t know anything about the change. The Clerk took my info, and told me she would research it. I expected I might hear something back in a week or so, if I was lucky. Surprise, surprise, they found and emailed me the original text before I even got home! Talk about service!

The original Charter contained the following:

Article XVI. Miscellaneous Provisions:

Section 21.

Neither the City Manager nor any person in the employ of the City shall take any active part in securing, or shall contribute money toward the nomination or election of any candidate for a municipal office.

Seems in 1974 the City decided to do a bit of tweaking to the Charter, and since the only way it can be changed is a vote of the people, it was on the ballot in November 1974. The above section was deleted. (I’m assuming it was due to infringing on people’s rights to support the candidate of their choice, even though they were city employees.) Some other wording was added, looks like to clarify some minor things that had changed in the previous 50 years.

It’s been 50 years since that update, and I think it’s time to do another refresh.

I noticed references to the City Manager (and other offices as well) as “he” or “his” throughout the Charter. We don’t have a “he/him” City Manager now, so time to change the masculine pronouns to gender-neutral.

(the fact that changing masculine pronouns in city documents will undoubtedly raise the blood pressure of those who see such things as “woke liberalism” is a bonus in my book!)

Thank you to the new City Clerk, Jennifer Gomez, for digging this up for me!

Mystery solved!

(even if it was a bit anti-climatic. I was hoping for some good, scandalous dirt! oh well…)