HomeMy WebLinkAboutStaff Report 4.E 12/02/2013 Agenda/Iteww#4.E
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DATE: December 2„2013
TO: Honorable Mayor and Members of the City Council'through City Manager
FROM: Eric W. Danly City Attorney
SUBJECT: Introduction.of:Ordinance Amending Section 3.04.040 of Chapter 3.04 of the
Petaluma Municipal Code Governing the City'sPersonne! System to Exempt
from That Chapter the Classifications of Human Resources Manager and
Assistant City Attorney
RECOMMENDATION
It is recommended that the City,Council introduce the attached ordinance'entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING
SECTION 3.04:030 OF CHAPTER 3.04 OF THE PETALUMA MUNICIPAL CODE
GOVERNING THE CITY'S'PERSONNEL SYSTEM JO EXEMPT FROM THAT CHAPTER
THE CLASSIFICATIONS,OF HUMAN RESOURCES MANAGER”AND ASSISTANT CITY
ATTORNEY"
BACKGROUND
• The purpose of this ordinance is to establish in the Personnelchapter:in the City's Municipal
Code that the classification of Human Resources Manager is exempt-from that chapter and the
City's Personnel Rules;_in accordance with action taken to convert that.position to an at-will
classification in May, 2011. As'well, the ordinance would establish that the new Assistant City
Attorney classifications are exempt`from the Personnel chapter and rules.
DISCUSSION
The classification of Human Resources,Manager has operated as an at-will positionwappointed by
the.City'Manager subject.to The•compensation plan for Unit 8 Department Directors, since May
17, 2011. Establishing:the classification as at-will within Unit 8 was intended-to facilitate the
Human Resources Manager's'direct involvement in such,rnatters as collective bargaining
negotiations, grievances, disciplinary matters, and other personnel-related mattersrwhile avoiding
potential conflicts of interest.
Agenda Review:_ ,�
City Attorney Finance Dir ctor "CityManager
•
The City's Personnel ordinance, codified a s;.Chapter,3.04 in:theMunicipal Code,,provides that.
the positions of City-Manager, and the}principal appointive offices as prescribed in Section 25 of
the City Charter,(which are the=offices of City'Clerk;'City Attorney, and the Department
Directors), are exempt from Chapter 3.04 and the City's adopted Personnel Rules. Given the
treatment of the Human Resources Manager,position since May 17, 2011, and the reasons for the
change, it is appropriate to similarly exempt the Human Resources Manager classification from
Chapter 3.04 and the Personnel Rules.
On June'3,2013, the City Council authorized the creation of an in-house City Attorney's
Department, and authorized execution of an at-will City Attorney-employment agreement,
,effective July 1, 2013. The Council action on June 3, 2013 approved a staffing plan for the City
Attorney's Department,consisting'of the City Attorney, two additional attorneys, and a legal
assistant. A legal assistant was hired for the department effective July 22, 2013.
To complete the approved staffing for the City Attorney's Department, classification and
compensation plans establishing the new classifications and pay ranges:and-authorizing the
position allocation of two.AssistantCity Attorney positions in the:City Attorney's Office have
been presented to the City Council for approval by resolution.
As in the case of the Human Resources Manager position, it is desirable to establish the two new
Assistant City Attorney classifications as at-will positions subject.to the compensation plan for
Unit 8 and exempt from the requirements of Chapter 3:04 in the Municipal Code governing
personnel and the:City's Personnel Rules. Doing so will maximize the ability of the City
Attorney's Office to represent the City in collective bargaining negotiations, grievances,
disciplinary matters, and other personnel-related mattersthrough avoidance of potential conflicts
of interest, and help reduce therneed for contract legal services and thereby reduce the City's
legal service costs. That the Council may create such Assistant City Attorney classifications is
anticipated by Section 27 of City Charter, which providek
The council shall have power.by ordinance to'create"and discontinue departments,
bureaus, offices, deputyships, assistantships, and employments other than those
prescribed in this Charter, and to prescribe the duties pertaining,thereto.
Proposed-treatment of the new Assistant,City Attorney classifications as at-will in Unit 8 was
communicated to bargaining representatives for the Petaluma Professional and Mid-Managers
Associations Units 4, 9 and 11 at,a.meeting on September 19, 2013.
FINANCIAL IMPACTS
It is estimated that exempting the Human Resources Manager and Assistant City Attorney
classifications from the City's Personnel chapter and rules will help reduee costs of contract
negotiators and legal service:providers'related`to personnel matters'. However, there currently is
no quantitative estimate of the'potential savings.
ATTACHMENTS
•
a.
1. Ordinance Amending Section 3.04,040 Of Chapter 3:04 of the,Petal,uma Municipal Code
Governing the City's Personnel2System.to Exempt from That Chapter the Classifications of
Human Resources Manager and AssistantCity Attorney
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1 ORDINANCEYNO. N.C.S.
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4 Introduced by Seconded by
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11 AN ORDINANCE OF THE CITY COUNCIL:OF THE.CITY OF
12 PETALUMA AMENDING SECTION.3.04.030 OF'CHAPTER 3.04 OF THE
13 PETALUMA"MUNICIPAL CODE GOVERNING THE CITY'S
14 PERSONNEL SYSTEM TO EXEMPT FROM THAT'.CHAPTER THE
15 POSITIONS OF HUM_AN.RESOURCES MANAGER AND ASSISTANT
16 CITY ATTORNEY
17
18 WHEREAS, the position of Human Resources Manager has operated as an at-will position
19 appointed by the City Manager subject to the compensation plan for Unit 8, Department Directors,
20 since ; and
21 WHEREAS, classification of the Human Resources Manager position as an at-will
22 position within Unit 8 was desirable and appropriate to maximize.the,:ability of the Human
23 Resources Manager to represent the City in such matters as collective bargaining negotiations,
24 grievances, disciplinary matters, and other personnel-related matters through avoidance of
25 potential conflicts of interest, thus helping reduce the need for,confract legal or other services and
26 reducing the City's cost of attending to such matters; and
. 27 WHEREAS, given the current status of the position of.Human Resources Manager as an
28 at-will position within Unit 8, it is desirable and appropriate to provide that that position is exempt
29 from the requirements of Chapter 3 of the Petaluma Municipal Code,:and the City's Personnel
30 Rules, as are the positions of City Manager; City Clerk, City Attorney, and the City Department
31 Directors; and
32 WHEREAS, by Resolution 2013 N.C.S. adopted June 3,2013, the City Council
33 established an in-house City Attorney's Office for the City of Petaluma and approved a staffing
34 plan, budget, and an at-will,agreement-for employment of the City Attorney;and
35 WHEREAS, the at-will agreement for employment of the City Attorney took effect July 1,
36 2013; and
37 WHEREAS, the staffing plan for the City Attorney's office approved by the City Council
38 provides for two attorneys in addition to the City Attorney, and.a legal assistant; and
39 WHEREAS, the City'hired'a legal assistant effective;July'22, 2013; and
1 WHEREAS, to:complete implementation of the+staffing planTor the City Attorney's
2 Office, the City Council hasiapproved by Resolution 201'3 'N.C.S. classification.and
3 compensation plans'establishing new classifications and pay ranges and authorizing the position
4 allocation of two Assistant City Attorney positions in,the^City Attorney's Office and
5 WHEREAS, it is desirable and appropriate to establish the two new Assistant City
6 Attorney positions as at-will positions subject to the compensation plan for Unit 8 and exempt
7 from the requirements.of Chapter-3 of the Petaluma Municipal Code;and the City's Personnel
8 Rule, as are the positions of City Manager, City Clerk, City Attorney;:and the City Department
9 Directors, so as to maximize the ability of the City Attorney's Office to represent the City in such
10 matters as collective bargaining;negotiations, grievances, disciplinary matters, and other personnel-
11 related matters through avoidance of potential conflicts,of interest, thus avoiding as much as
12 possible the need for contractl"egaL.services and reducing the City's legal services costs; and
13 WHEREAS, the proposed exemption of the Assistant City Attorney positions from the
14 City's personnel chapter and rules-was communicated to the bargaining rëptesentatives for the
15 Petaluma Professional and Mid Managers Association,Units 4, 9, and 11, on , and the
16 unit representatives raised no objections or concerns regarding the proposed exemption; and
17 WHEREAS, Section 27 of the City of Petaluma Charter provides that the City Council is
18 authorized by ordinance to create and discontinue departments, bureaus, offices, deputyships,
19 assistantships, and employinents.other than those prescribed'in the charter, and to prescribe the
20 duties pertaining thereto;
21 NOW, THEREFORE; BE IT ORDAINED BY THE COUNCIL OF THE
22 CITY OF PETALUMA AS FOLLOWS:
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24 SECTION 1: Section 3.04.030.Amended. Section 3:04.030 of the Petaluma Municipal
25 Code is hereby amended to read as follows:
26 3.04.030 Applicability of chapter
27 The provisions ofthis:chapter,shall apply to all offices,positions and employments
28 in the service of the city, except:
29 A. The City Manager;
30 B. All department heads and the principal appointive;officials of the city as set
31 forth in<Section 25 of the Charter;
32 C. The Human Resources Manager;
33 D. The Assistant City Attorneys;
34 E. Elective officers;
35 F. Members of appointive boards, commissions and committees;
36 G. Persons engaged under contract to supply expert,:professional, technical or
37 other services;
38 H. Volunteer personnel;
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1 I. Emergency employees who arehired to cneetthe immediate requirements of an
2 emergency condition,:such as;extraordinary fire, flood:or earthquake`which'
3 threatens;'life or property;
4 J. Employees who do not hold a regular position in the;service;of the city. A
5 "regular" position is defined as a position created by the city council and
6 assigned to,any existing classification within the classification plan. A regular
7 employee is one who holdsa.regular position and who has successfully
8 completed his or,heiprobationaryperiod, while:a:probationary employee is one
9 who holds a regular position during a probationary period.
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11 SECTION 2: If any part of this Ordinance is for any reason held to be
12 unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
13 decision will not. affect the validity of the remaining parts' of this Ordinance. The City
14 Council of the City'ofPetaluma hereby declares that it would have passed and adopted this
15 Ordinance and each of its provisions irrespective of any part-being held invalid.
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17 SECTION 3: This Ordinance will become effective thirtydaysi3after the date of its
18 adoption by the Petaluma_City'Council.
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20 SECTION 4: The City Clerk is hereby directed to post and/or publish this
21 Ordinance or a synopsis for the period and in the manner'required by the City Charter.
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25 INTRODUCED and ordered posted/published this day of , 2013.
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27 ADOPTED this day of , 2013 by the following vote:
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30 AYES:
31 NOES:
32 ABSENT:
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38 David Glass, Mayor
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2 ATTEST: APPROVED AS.TO FORM:
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8 Claire.Cooper, City Clerk- Eric Danly, City Attorney
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