Report to Mayor and City Council
Tuesday, March 05, 2019
Discussion
SUBJECT:
Title
CONSIDERATION OF INTRODUCTION OF ORDINANCE NO. 19-1924, AN ORDINANCE OF THE CITY COUNCIL AMENDING CARSON MUNICIPAL CODE SECTION 2903 (COMPETITIVE SERVICES) TO ADD THE POSITIONS OF CHIEF DEPUTY CITY CLERK AND CHIEF DEPUTY CITY TREASURER TO THE LIST OF POSITIONS EXCLUDED FROM THE COMPETITIVE SERVICE AND TO UPDATE THE POSITION TITLES INCLUDED IN THE LIST (CITY COUNCIL)
Body
I. SUMMARY
This item is presented in connection with Agenda Item File ID #2019-235 of this same City Council meeting (five proposed amended and restated resolutions creating the Chief Deputy City Treasurer position and effecting a title change of the Senior Deputy City Clerk position to Chief Deputy City Clerk).
The attached proposed ordinance would amend Carson Municipal Code (“CMC”) Section 2903 to add the positions of “Chief Deputy City Clerk” and “Chief Deputy City Treasurer” to the list of City positions excluded from the Competitive Service. This action should only be approved if Item File ID #2019-235 is approved. If Item File ID #2019-235 is not approved, the proposed ordinance will need to be amended to add “Senior Deputy City Clerk” to the list rather than “Chief Deputy City Clerk,” and to omit “Chief Deputy City Treasurer” from the list.
The proposed ordinance would also change the title of the section to “Competitive Services Exemptions” to better reflect the purpose of the section, update the positions currently included in the list to account for the personnel changes previously made to those positions over the years since the list was last amended in 2000, and add a catchall provision to avoid the need for an ordinance updating the list each time the City Council establishes a new at will, unrepresented, non-classified employment group or position, which would be excluded from the Competitive Service.
II. RECOMMENDATION
Recommendation
TAKE the following actions:
1. WAIVE further reading and consider for INTRODUCTION for first reading by title only, Ordinance No. 19-1924, an Ordinance of the City Council of the City of Carson, California, Amending Section 2903 (Competitive Services) of Chapter 9 (Personnel System) of Article II (Administration) of the Carson Municipal Code to Amend the List of Offices, Positions and Employments Designated as Exempt from the Competitive Services to: (1) Add the Positions of Chief Deputy City Clerk and Chief Deputy City Treasurer to the List; (2) Remove Positions that No Longer Exist and Update Listed Position Titles as Applicable; and (3) Add a Category to the List to Account for Positions Designated as Exempt from the Competitive Services by Resolution of the City Council.
Body
III. ALTERNATIVES
TAKE any other action deemed appropriate.
IV. BACKGROUND
Carson Municipal Code (“CMC”) Section 2903 contains the exclusive list of City offices, positions, and employments to which the provisions of Chapter 9 (Personnel System) of Title II (Administration) of the CMC do not apply, and which are therefore excluded from the competitive service and comprise the unclassified service of the City (hereinafter the “List”). To clarify this purpose of Section 2903, the proposed ordinance would change the title of Section 2903 from “Competitive Services” to “Competitive Services Exemptions.”
The Senior Deputy City Clerk position was created as an unrepresented, non-classified, at-will position in 2016, pursuant to Government Code Section 40813, which mandates that all deputy city clerk positions be at-will, subject to the appointing power of the City Clerk. However, the position was never added to the List, although it rightfully should have been given the unrepresented, non-classified, at-will nature of the position. Item File ID #2019-235 of this City Council meeting agenda proposes to change the title of the position from Senior Deputy City Clerk to Chief Deputy City Clerk.
Item File ID #2019-235 also proposes the creation of an unrepresented, non-classified, at-will position of Chief Deputy City Treasurer, pursuant to Government Code Sections 41006-41007, which mandate that all deputy city treasurer positions be at-will, subject to the appointing power of the City Treasurer. If creation of this position is approved by the City Council, this position should also be rightfully be added to the List, given the unrepresented, non-classified, at-will nature of the position.
Moreover, the List has not been updated at all since the year 2000. Therefore, many of the positions included in the List have, over the years, been eliminated, or their titles have been changed, and/or new, similar positions have been created to replace the positions eliminated. To update the list, the attached proposed ordinance would amend subsection (h) of the list to enumerate the positions exempted from the Competitive Services as they exist currently.
Last, the attached proposed ordinance would add a catchall provision to Section 2903 to avoid the future need for ordinances updating the list whenever the City Council creates a new at-will, unrepresented, non-classified position or group of employment, which would be exempt from the Competitive Services.
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. Ordinance No. 19-1924, ORDINANCE NO. 19-1924, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 2903 (COMPETITIVE SERVICES) OF CHAPTER 9 (PERSONNEL SYSTEM) OF ARTICLE II (ADMINISTRATION) OF THE CARSON MUNICIPAL CODE TO AMEND THE LIST OF OFFICES, POSITIONS AND EMPLOYMENTS DESIGNATED AS EXEMPT FROM THE COMPETITIVE SERVICES TO: (1) ADD THE POSITIONS OF CHIEF DEPUTY CITY CLERK AND CHIEF DEPUTY CITY TREASURER TO THE LIST; (2) REMOVE POSITIONS THAT NO LONGER EXIST AND UPDATE LISTED POSITION TITLES AS APPLICABLE; AND (3) ADD A CATEGORY TO THE LIST TO ACCOUNT FOR POSITIONS DESIGNATED AS EXEMPT FROM THE COMPETITIVE SERVICES BY RESOLUTION OF THE CITY COUNCIL. (pgs. 4-7)
Prepared by: Faye Moseley, Director of Human Resources and Risk Management, City Attorney's Office