HomeMy WebLinkAboutStaff Report 3.I 1/6/2014 Renvisec& A genvicvItenw#3 .I
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DATE: January 6, 2014
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Eric W. Danly, City Attorney I I/
SUBJECT: Adoption (Second Reading) of Ordinance Amending Section 3.04.040 of Chapter
3.04 of the Petaluma Municipal Code Governing the City's Personnel System to
Exempt from That Chapter the Classifications of Human Resources Manager and
Assistant City Attorney
RECOMMENDATION `
It is recommended that the City Council adopt 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 to Exempt from That Chapter
the Classifications of Human Resources Manager and Assistant City Attorney."
BACKGROUND
•
The ordinance amending Section 3.04.030 of Chapter 3.04 of the Petaluma Municipal Code,
identified above, was introduced at the December 2, 2013 City Council meeting.
DISCUSSION
The purpose of this ordinance is to establish in the Personnel chapter 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.
The classification of Human Resources Manager has operated as an at-will position appointed 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 matters as collective bargaining
negotiations, grievances, disciplinary matters, and other personnel-related matters while avoiding
potential conflicts of interest.
Agenda Review:
City Attorney Finance Director City Mana
The City's Personnel ordinance, codified as Chapter 3.04 in the Municipal 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 1-luman Resources Manager classification from
Chapter 3.04 and the Personnel Rules.
At the December 2, 2013 City Council meeting, the Council approved Resolution No. 2013-158
which 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 Assistant City Attorney positions in the City Attorney's Office.
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 matters through
avoidance of potential conflicts of interest, and help reduce the need 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 the City Charter, which provides:
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
Association, Units 4, 9 and 11 at a meeting on September 19, 2013.
The original draft staff report for this item for the December 2, 2013 City Council meeting noted
that when the proposed allocation of the new Assistant City Attorney classifications was
communicated to the representatives for Units 4, 9 and 11, that they "raised no objections or
concerns." One of the ordinance recitals contained the same statement. One of the unit
representatives objected to the statement, and although it is correct, it was deleted to avoid
unnecessary controversy. Unfortunately, the statement remained in the final version of the
ordinance that was included in the December 2 agenda packet and that was introduced. The
statement must remain in the ordinance if it is to be adopted at the January 6 City Council
meeting and take effect 30 days later or approximately February 5. Alternatively, the Council
could direct that the ordinance be revised and reintroduced at the January 6 City Council
meeting, be adopted at the January 270 City Council meeting, and take effect approximately
February 26-1-9.
We understand that the objection to the statement that the bargaining representatives "raised no
objections or concerns" regarding the proposed allocation of the Assistant City Attorney
positions is that the statement could imply that the representatives and management met and
conferred regarding the allocation. Instead, Unit 4, 9 and 11 representatives point out that
allocation of new classifications is a management prerogative of the City Manager and not
subject to the meet and confer process. This is of course completely correct. Allocation of new
classifications is in fact a management prerogative of the City Manager in accordance with the
City's Employer-Employee Relations Policy and Guidelines. It was never intended that anything
in the staff report or the ordinance regarding this item should suggest otherwise. Nonetheless,
information regarding the proposed allocation of the new Assistant City Attorney classifications
was shared with the representatives of Units 4, 9 and 11 at a meeting on September 19, 2013.
The primary purpose of the meeting was to meet and confer regarding the newly-created
Principal Financial Analyst classification in the Finance Department, which has been allocated to
Unit 9. Information was shared regarding the proposed allocation of the new Assistant City
Attorney classifications at that meeting in the interest of good faith and open communications
between management and the bargaining representatives so that the bargaining representatives
would know that the new classifications would not be allocated to a bargaining unit represented
by the Petaluma Professional and Mid-Managers Association. Otherwise, the representatives
would rightly expect to receive draft classification descriptions, compensation information, etc.,
and to meet and confer regarding the new classifications, as they had regarding the Principal
Financial Analyst classification.
The timeline for filling the new Assistant City Attorney positions estimates that appointments
may occur the week of February 17 or February 24. The legislation exempting the new
classifications from the City's personnel system should be effective prior to the appointment of
the successful candidates. The attached ordinance is identical to the one introduced December 2,
2013. As noted above, the Council may direct that it be amended and reintroduced. However,
based on the current estimated timeline for filling the Assistant City Attorney positions, that
could delay appointment of the Assistant City Attorneys.
ATTACHMENTS
1. Ordinance Amending Section 3.04.040 of Chapter 3.04 of the Petaluma Municipal Code
Governing the City's Personnel System to Exempt from That Chapter the Classifications of
Human Resources Manager and Assistant City Attorney
1 ORDINANCE NO. _N.C.S.
2
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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 HUMAN RESOURCES MANAGER AND ASSISTANT
16 CITY ATTORNEY
1'7
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 May 17, 2011; 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 contract 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 I-Iuman 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 060 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
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1 WHEREAS, to complete implementation of the staffing plan for the City Attorney's
2 Office, the City Council has approved by Resolution 2013 158 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 contract legal 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 representatives for the
15 Petaluma Professional and Mid Managers Association, Units 4, 9, and 11, on September 19, 2013,
16 and the unit representatives raised no objections or concerns regarding the proposed exemption;
17 and
18 WHEREAS, Section 27 of the City of Petaluma Charter provides that the City Council is
19 authorized by ordinance to create and discontinue departments, bureaus, offices, deputyships,
20 assistantships, and employments other than those prescribed in the charter, and to prescribe the
21 duties pertaining thereto;
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
23 CITY OF PETALUMA AS FOLLOWS:
24
25 SECTION 1: Section 3.04.030 Amended. Section 3.04.030 of the Petaluma Municipal
26 Code is hereby amended to read as follows:
27 3.04.030 Applicability of chapter
28 The provisions of this chapter shall apply to all offices, positions and employments
29 in the service of the city, except:
30 A. The City Manager;
31 B. All department heads and the principal appointive officials of the city as set
32 forth in Section 25 of the Charter;
33 C. The Human Resources Manager;
34 D. The Assistant City Attorneys;
35 E. Elective officers;
36 F. Members of appointive boards, commissions and committees;
37 G. Persons engaged under contract to supply expert, professional, technical or
38 other services;
2
I H. Volunteer personnel;
2 I. Emergency employees who are hired to meet the immediate requirements of an
3 emergency condition, such as extraordinary fire, flood or earthquake which
4 threatens life or property;
5 J. Employees who do not hold a regular position in the service of the city. A
6 "regular" position is defined as a position created by the city council and
7 assigned to any existing classification within the classification plan. A regular
8 employee is one who holds a regular position and who has successfully
9 completed his or her probationary period, while a probationary employee is one
10 who holds a regular position during a probationary period.
11
12 SECTION 2: If any part of this Ordinance is for any reason held to be
13 unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
14 decision will not affect the validity of the remaining parts of this Ordinance. The City
15 Council of the City of Petaluma hereby declares that it would have passed and adopted this
16 Ordinance and each of its provisions irrespective of any part being held invalid.
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18 SECTION 3: This Ordinance will become effective thirty days after the date of its
19 adoption by the Petaluma City Council.
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21 SECTION 4: The City Clerk is hereby directed to post and/or publish this
22 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 , 2014.
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27 ADOPTED this day of , 2014 by the following vote:
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29 AYES:
30 NOES:
31 ABSENT:
32
33 David Glass, Mayor
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35 ATTEST: APPROVED AS TO FORM:
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40 Claire Cooper, City Clerk Eric Danly, City Attorney
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