San Diego Municipal Code Div. 37 Managed Competition Independent Review Board

(Former Division 37 “Managed Competition” repealed and added new Division 37 “Managed Competition Independent Review Board” 10-18-2010 by O-19996 N.S.)

Pursuant to San Diego Charter section 117(c), the Mayor shall establish the Managed Competition Independent Review Board to advise the Mayor whether a City department’s proposal or an independent contractor’s proposal will provide the services to the City most economically and efficiently while maintaining service quality and protecting the public interest. (Added “Managed Competition Independent Review Board Advisory Role“ 10-18-2010 by O-19996 N.S.; effective 11-17-2010.)

The Managed Competition Independent Review Board shall be composed of:

(a) Seven members appointed by the Mayor;

(b) Three of the seven members shall be City staff including a Mayoral staff
designee, a City Council staff designee, and the Chief Financial Officer or
staff designee;

(c) Four of the seven members shall be private citizens whose appointments shall
be subject to City Council confirmation, and who shall serve without
compensation. Each of the private citizen members shall have professional
experience in one or more of the following areas: finance, law, public
administration, business management, or the service areas under consideration
by the Mayor, pursuant to San Diego Charter section 117(c).
(Added “Appointment of Managed Competition Independent Review Board
Members“ 10-18-2010 by O-19996 N.S.; effective 11-17-2010.)

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To promote continuity and organizational knowledge, the terms of the initial appointees to the Managed Competition Independent Review Board shall be staggered as follows: Two private citizens shall serve an initial three-year term, and the other two private citizens shall serve two-year terms. All subsequent terms by private citizens shall be two years. A member who has served two complete terms shall be ineligible for reappointment for two years after leaving the Board. The three City staff Board members shall not be subject to the above term limits. (Added “Terms of Managed Competition Independent Review Board Members“ 10-18-2010 by O-19996 N.S.; effective 11-17-2010.)

Each member of the Managed Competition Independent Review Board shall comply with all of the following provisions during his or her tenure on the Board:

(a) No member of the Board shall make a financial contribution to, or publicly
support or oppose, a candidate for or incumbent in City office.

(b) No member of the Board is permitted to act as a lobbyist required to register
with the City pursuant to Chapter 2, Article 7, Division 40 of this Code.

(c) Board members shall not have any personal or financial interests that would
create conflicts of interest with the duties of a Board member. A conflict of
interest code shall be adopted by the City Council for all Board members. All
Board members shall be required to complete and file statements of economic
interests in accordance with the conflict of interest code.

(d) Board members shall be prohibited from entering into a contract with or
accepting employment from an independent contractor that secures a City
contract through Managed Competition for the duration of the contract. All
City contracts secured through Managed Competition shall include a
condition that the City shall unilaterally and immediately terminate the
contract if the independent contractor enters into a contract with or employs a
member of the Board during the term of the contract with the City.

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(e) Former Board members shall not enter into a contract with or accept
employment with an independent contractor that secures a City contract
through Managed Competition for the duration of that contract after leaving
the Board, if that Board member participated in the selection process for that
contract. All City contracts secured through Managed Competition shall
include a condition that the City shall unilaterally and immediately terminate
the contract if the independent contractor enters into a contract with or
employs a former Board member during the term of the contract with the City,
if that former Board member participated in the selection process for that
contract.
(Added “Qualifications of Managed Competition Independent Review Board
Members“ 10-18-2010 by O-19996 N.S.; effective 11-17-2010.)

A Managed Competition Independent Review Board member subject to City Council confirmation may be removed for cause by a vote of the majority of the members of the City Council. Before the City Council may remove a member of the Board, written charges shall be made against the Board member and an opportunity afforded for a public hearing before the City Council acts upon such charges. While charges are pending before the City Council, the City Council may suspend a Board member’s participation on the Board. (Added “Removal of Managed Competition Independent Review Board Members“ 10-18-2010 by O-19996 N.S.; effective 11-17-2010.)

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Article 2: Administrative Code