Report to Mayor and City Council
Tuesday, June 21, 2016
Consent
SUBJECT:
Title
CONSIDERATION OF RESOLUTION NOS. 16-075, 16-073, 16-074, 16-076 AND 16-077 ESTABLISHING THE SALARY AND BENEFITS AND ADOPTING A JOB SPECIFICATION FOR THE AT-WILL SENIOR DEPUTY CITY CLERK POSITION (CITY COUNCIL)
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I. SUMMARY
Resolution Nos. 16-075, 16-073, 16-074 and 16-076, 16-077 presented to the City Council for consideration and adoption to establish the Salary, Benefits and job specifications for Unclassified, Non-Represented, Full-Time Employee classification of Senior Deputy City Clerk.
II. RECOMMENDATION
Recommendation
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 16-075 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN, RESOLUTION NO. 77-111, BY ADOPTING A REVISED JOB SPECIFICATION FOR THE SENIOR DEPUTY CITY CLERK POSITION.”
2. WAIVE further reading and ADOPT Resolution 16-073 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DECLARING THE EMPLOYEE CLASSIFICATION OF SENIOR DEPUTY CITY CLERK AS EXCLUDED FROM THE CIVIL SERVICE SYSTEM, DESIGNATING SUCH CLASSIFICATION TO BE UNREPRESENTED AND AT-WILL, PURSUANT TO GOVERNMENT CODE SECTION 40813 AND ESTABLISHING THE SALARY AND BENEFITS FOR SUCH CLASSIFICATION.”
3. WAIVE further reading and ADOPT Resolution No. 16-074 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FIXING THE EMPLOYER’S CONTRIBUTION UNDER THE PUBLIC EMPLOYEE’S MEDICAL AND HOSPITAL CARE ACT (PEMHCA).”
4. WAIVE further reading and ADOPT Resolution No. 16-076 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ESTABLISHING THE CITY OF CARSON’S VESTING CONTRIBUTION UNDER GOVERNMENT CODE SECTION 22893.1 RELATING TO THE PUBLIC EMPLOYEE’S MEDICAL AND HOSPITAL CARE ACT (PEMHCA).”
5. WAIVE further reading and ADOPT Resolution No. 16-077 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DESIGNATING THE CITY’S CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE EMPLOYEE IN THE CLASSIFICATION OF SENIOR DEPUTY CITY CLERK GROUP.”
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III. ALTERNATIVES
Take another action that the City Council deems appropriate.
IV. BACKGROUND
I. At a special meeting on June 9, 2016 City Council directed staff to create a position of Chief Deputy City Clerk, which would be an unclassified, unrepresented, at-will position. To accomplish this directive, Staff created the job description for a position with the title of Senior Deputy City Clerk (rather than the title of Chief Deputy City Clerk) which reflects that the newly created position is designated as an at-will position.
Additionally, the position (presently unfilled) of Chief Deputy City Clerk is a member of the Association of Management Employees (AME). As a represented classification, this position receives the salary and benefits afforded to AME members. The employee who previously filled the position of Chief Deputy City Clerk separated from City service at the end of 2015, and the position was never filled.
Recently, the City Clerk desired to appoint a deputy City Clerk who would serve at the direction of the City Clerk, per Government Code Section 40813. According to Section 40813, and as interpreted by the court in Moore v. City of Orange, (1985) 174 Cal. App. 3d 31, a city clerk has the appointing authority to hire and fire any deputy city clerk position, and such position is at-will and not subject to any resolution or ordinance enacted by a city to dictate the terms of hiring and firing. Accordingly, the Senior Deputy City Clerk position was created in furtherance of Section 40813.
At the City Attorney’s recommendation, staff has prepared a Resolution of Salary and Benefits for the Unclassified, Non-Represented, Full-Time classification of Senior Deputy City Clerk. Resolution No. 16-073 is being presented to the City Council for consideration and approval. The salary and benefits within this resolution mirror the salary and benefits of AME employees for consistency and continuity of the same salary and benefits previously afforded to the employee in this position.
The adoption of this Resolution of Salary and Benefits will require establishing the City’s contribution for medical insurance and the vesting contribution for post-retirement medical insurance under the Public Employee’s Medical and Hospital Care ACT (PEMHCA) for the Senior Deputy City Clerk. Resolution Nos. 16-074 and 16-076 address the requirement to fix the employer’s contribution and establish the vesting schedule under PEMHCA. The contribution amount for medical insurance for this employee classification group is the same amount afforded to all other represented and non-represented employees, including elected officials and members of the City Council.
The adoption of a Resolution of Salary and Benefits for the Senior Deputy City Clerk will also require the adoption of a resolution for an employee in this position to make their own employee contribution to CalPERS as a new and approved group of employees. Therefore, Resolution No. 16-077 is being presented to the City Council for consideration and approval.
The City and AME representatives will be discussing the future elimination of the existing position of Chief Deputy City Clerk currently represented by AME.
Lastly, it should be noted, City Council has provided direction that the Chief Deputy City Treasurer position, once vacated, should also become an unclassified unrepresented, at-will position.
V. FISCAL IMPACT
None. The salary and benefits for the Senior Deputy City Clerk position are not being enhanced and remain as budgeted, for a Chief Deputy City Clerk for FY2015/16.
VI. EXHIBITS
1. Resolution No.16-075 (pgs. 4-6)
2. Job Specification for Senior Deputy City Clerk (pgs. 7-9)
3. Resolution No. 16-073 (pgs. 10-30)
4. Resolution No. 16-074 (pgs. 31-33)
5. Resolution No. 16-076 (pgs. 34-36)
6. Resolution No. 16-077 (pgs. 37-39)
Prepared by: Gail Dixon-McMahon, Director of Human Resources and Risk Management; City Attorney's Office