Pass: 168,014 / 77.9% Yes votes ...... 47,772 / 22.1% No votes

See Also: Index of all Measures

Summary Prepared by Ballot Simplification Committee:

THE SITUATION:

The DWP does not currently have an Office of Public Accountability (OPA) to provide independent analysis and assessment of Department actions with respect to water and electricity rates. Also, the Department does not have a Ratepayer Advocate to address consumer protection matters.

THE PROPOSAL:

This measure would:

• Establish the OPA to provide public reports and independent analysis of DWP actions as they relate to water and electricity rates;
• Provide that the OPA be overseen by an Executive Director appointed by a citizens selection committee, established by ordinance, and confirmed by the Council and Mayor for a five-year term;
• Establish that the Executive Director report to, but not be directed by, the Board of Water and Power Commissioners;
• Provide that the OPA include a Ratepayer Advocate; and
• Establish that the OPA budget be no less than 0.025 percent ofDWP annual water and electricity revenues.

You want to establish the Office of Public Accountability to provide public reports and independent analysis of Department of Water and Power actions as they relate to water and electricity rates.

A NO VOTE MEANS:

You do not want to establish the Office of Public Accountability to provide public reports and independent analysis of Department of Water and Power actions as they relate to water and electricity rates.

Fiscal Impact from Miguel A. Santana City Administrative Officer:

Adoption of this measure establishes a new Office of Public Accountability and provides funding for the new Office from Department of Water and Power revenues. Funding will be set by ordinance but shall not total less than .025 percent of the Department's annual revenue from the sale of water and electric energy from the previous fiscal year. It is anticipated that funding for the Office will be at least $1 million per year. Future savings and/or costs to rate payers from creation of this oversight function cannot be quantified at this time.

Official Sources of Information

• Full Text

The OPA would be overseen by an Executive Director who shall be appointed by a citizens committee to a five-year term, subject to confirmation by the Council and Mayor. The Executive Director shall be exempt from civil service and would report directly to, but not be instructed by, the Board of Water and Power Commissioners. The measure requires that the Council, by ordinance, establish appointment provisions for the citizens committee and removal procedures for the Executive Director. The removal provisions for the Executive Director must be similar to removal provisions for the Chief of Police, as specified in Charter Section 575(e).

The Charter amendment requires that the Council, by ordinance, establish the provisions for the operation of the OPA and the Ratepayer Advocate, which shall include, at a minimum, reporting schedules and requirements and consumer protection procedures. The OPA will be required to periodically issue public reports.

The primary role of the OPA will be to provide independent analysis of Department actions as they relate to water and electricity rates. The measure specifies that the OPA will have access to information to fulfill its responsibilities, and provides that the Executive Director will have the following authority and responsibilities:

• Maintain full charge and control of all work of the OPA and the proper administration of its affairs;
• Appoint, discharge, suspend, or transfer its employees;
• Issue instructions to OPA employees in the line of their duties;
• Submit to the City Administrative Officer (CAO) a proposed annual budget covering the anticipated expenditures of the OPA; and
• Expend the funds of the OPA and perform such other duties as may be prescribed by ordinance.

This measure will become effective if approved by a majority of voters.

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