HomeMy WebLinkAboutStaff Report 12/17/2001 (6)1 7
CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title: Discussion and Possible Direction/Action Regarding
Meeting Date: December 17, 2001
Recruitment and Selection of Future City Clerk.
tment:
DepLa
Director:
Contact Person;
Phone Number:
City nager's Office
Frederick Stouder
Frederick Stouder
707-778-4345
Cost of Proposal: Cost savings may result if Council chooses to
Account Number:
-eliminate or reduce the salary and title as currently exists.
1200
Amount Budgeted:
Name of Fund:
City Clerk's Office
Attachments to Agenda Packet Item;
1. Proposed job description for a Deputy City Clerk
2. Government Code Excerpt.
Summary Statement: The issue seems to be two -fold:
A. The nature of the job description and title. Should the title and job description be changed?
B. To whom the position should report — the City Council, or assigned by the Council to report to or be
supervised by the City Manager. The reporting arrangement is exclusive or can be separate from the first
question. Regardless of the job title or job description, the position could be asked or assigned by the City
Council to report to and be supervised by the City Manager.
At the request of the City Council, a revised job description for a Deputy City Clerk is attached for review
and comment. Four job descriptions were compared in the preparation of this revised document: Santa
Rosa, Rolmert Park, and two versions from Petaluma — one dated March 1990 (under the tenure of City
Clerk Patricia Bernard) and one dated December 2000 (under the tenure of City Clerk Beverly Kline).
All were very similar in duties and responsibilities with the exception of several topics which may need
clarification by Council:
1. Rohnert Paries Deputy ,Cleric and Santa Rosa's Assistant City Cleric report to the City Manager.
Petaluma's City Cleric currently reports to the Council and the Deputy City Clerk reports to the City Clerk.
2. The 1990 Petaluma job description required experience "equivalent to two years of college and four
years of responsible office administrative or executive secretarial experience" while the 2000 Petaluma job
description did not list any education or experience requirements. Santa Rosa requires "...sufficient years
of increasingly responsible secretarial and clerical experience, preferably including local government
experience.... high school diploma or equivalent...." while Rohnert Park requires "...sufficient experience
and education to successfully perform the duties., . -typical way of obtaining the required qualifications is
to possess the equivalent of four years of increasingly responsible experience in a secretarial position...."
3. Santa Rosa and Rohnert Park utilize the Cleric's office for the production of agendas and packet
materials, while Petaluma currently coordinates that process from the City Manager's office. The new
proposed job description does include "...assist with agenda and packet preparation as needed" so that
personnel in both the City Manager's office and the City Cleric's office can become cross -trained in the
process to better serve the needs of the public and staff during times of illness, vacation, or workload. In
all cases, the actual preparation of the materials, reports, agenda and supporting documents is the
°esponsibility of the City Manager, and all other departments receive direction from the City Manager. The
:ask of actually copying and collating materials is often shared between the various offices.
Summary Statement (
4. Santa Rosa asks for a minimum typing speed of 60 words per minute (wpm); Rohnert Park asks for a
minimum speed of 50 wpm; both the 1990 and 2000 versions of Petaluma's job descriptions do not specify
any typing speed. Secretarial positions currently advertised for the City of Petaluma, as vacancies occur,
ask for a minimum speed of 50 wpm.
5. Notary Public services. Both Santa Rosa and Rolmert Park list the ability to provide notary services as
an essential duty; both the 1990 and 2000 versions of Petaluma's job descriptions do not specify. The
attached excerpt from the California Govermnent Code, section 1181, specifies that the proof or
aclaiowledgement of an instrument may be made "within the county or city and county in this state in
which the officer specified below was elected or appointed.....a city clerk..." This provision from the
governinent code would allow the City Manager, if he also assumed the duties of the City Cleric, to attest to
signatures without having to be a Notary Public. Currently, the City of Petaluma's Deputy City Clerk has
the ability to attest to signatures; becoming a Notary Public could also be an education/training incentive
provided by the City to a Deputy City Clerk.
Council Priority: THIS AGENDA ITEM IS CONSIDERED TO BE PART OF, OR NECESSARY TO, ONE OR
MORE OF THE 2001 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JULY 21, 2001.
Priority(s): n/a
Council Action/S
Provide direction to City Management.
Reviewed by Finance Director:
Reviewed by City Attorney:
Approved by City Manager:
Date:
Date:
Date:
Today's Date:
Revision # and Date Revise
File Co e:
City of Petaluma
Petaluma, California
Title: Deputy City Clerk
Reports To: City Manager
FLSA Status:
DEFINITION/SUMMARY
Under administrative direction, coordinates and directs the activities of the City Cleric's office,
which would include relieving the City Manager of a nlunber of administrative details mandated
by State law; maintains official City records and Records Management System; performs clerical
and administrative duties as required including maintaining organizational procedures and
tracking systems for legislative compliance of govermnent codes; provides information and
service to the public; serves as an Elections Official in conjunction with the Registrar of Voters
Office; performs related work as assigned.
CLASS CHARACTERISTICS .
The Deputy City Clerk is a single position class. This class is distinguished by the breadth of
assigned administrative support functions and the responsibilities entailed while acting as the
Deputy City Clerk. General supervision is provided by the City Manager. May provide lead
supervision by assigning and reviewing the work of support staff.
ESSENTIAL DUTIES AND RESPONSIBILITIES, including but not limited to:
• Attend City Council meetings and prepare official minutes;
• Attend Redevelopment Agency and Public Financing Corporation meetings and prepare
official minutes;
• Publishing, posting and mailing notices and facilitating the recordation of documents;
• Attest, record and certify as required all minutes, ordinances and resolutions and ensure their
distribution as required, including electronically, and publishing as necessary;
• Process ordinances for codification into Municipal Code Books; coordinate distribution of
Code Books and supplements; indexes City's legislative history.
• Process, record, and distribute signed contracts as necessary;
• Process Notices of Completion for public improvement contracts with County Recorder and
release bonds as authorized;
• Prepare agenda reports as necessary, and assist with agenda and packet preparation as needed;
• Serve as custodian of the official City records and maintain the City seal;
• Maintain current and past legislative history of City Council actions and provide research and
reference services to the public and City staff;
• Administer Records Management System, including the microfilming of records;
• Maintain files and coordinate with City departments and other agencies to process, record and
disseminate a multitude of documents, including but not limited to assessments, certificates of
compliance, deeds, easements, lot line adjustments, maps, mergers, release of deed restrictions,
street name changes, partial reconveyances, and various agreements such as professional
services, in -lieu, outside sewer connection, reimbursements, subordination, etc.
Process aimexations and assessment districts;
• Prepare filings related to annexations, rights-of-way, locations, street name changes, etc.;
• Coordinate and Attend bid openings; retain and return bid bonds;
• Prepare a variety of notices in accordance with City, state and federal law, and calendar,
notice, and advertise public hearings;
• Serve as Elections Officer, in conjunction with the Registrar of Voters office, for the conduct
of municipal elections by issuing and receiving nomination papers, statements of
qualifications, and other required documents from candidates;
• Serve as Filing Officer/Official for Statements of Economic Interests and Campaign
Statements;
• Administer oaths and affirmations;
• Receive and file Insurance Certificates; receive claims filed against the City and forward to
Risk Management;
• Registers Domestic Partners;
• Administer notification process for the filling of vacancies on City Boards, Commissions and
Committees as required by the Maddy Appointive Act;
• Analyze, prepare, and administer Department budget.
QUALIFICATIONS/KNOWLEDGE AND SKILLS
Knowledge of the City's policies, rules, administrative regulations and procedures; practices and
procedures for the efficient operation of an office; operations and organization of municipal
government; legal requirements regarding the preparation and retention of municipal records;
California election law as it pertains to municipal elections; the regulations and requirements for
compliance with the Fair Political Practices Commission; tecluliques of account and statistical
record keeping; correct English usage, spelling, grammar, and punctuation.
Ability to carry out a number of administrative support tasks in a timely and professional
mauler; understand the organization and operation of the City and outside agencies, as
necessary, for assigned responsibilities; interpret and apply federal, state and municipal laws,
regulations, procedures, Political Reform Act and Brown Act requirements, and administrative
and Departmental policies; take and prepare minutes from meetings; work independently and
exercise good judgment in carrying out assigned tasks; prepare clear, concise and accurate
minutes, correspondence, records and reports; in monitor various deadlines and legal
requirements for compliance with election codes and other regulations; compile and maintain
accurate information, records and files; establish and maintain cooperative working relationships.
Must be willing to attend meetings outside normal working hours.
Skills to type at a minimum rate of 65 words per minute from clear, legible copy; take dictation
or notes at a speed sufficient to accurately transcribe and produce the City Council minutes.
EDUCATION and/or EXPERIENCE
Sufficient experience and education to successfully perform the duties of the Deputy City Cleric.
A typical way of obtaining the required qualifications is to possess the equivalent of four years of
increasingly responsible experience in a secretarial position which includes the handling of legal
or public documents and involves public contact and taking meeting minutes. High school
diploma or equivalent, including or supplemented by specialized courses in business office
practices. An Associate (AA) degree is (desirable, optional, mandatory).
CERTIFICATES/LICENSES
This classification may require the use of a personal or City vehicle while conducting City
business. Must possess a Class C California driver's license by date of hire. Certification as a
Municipal Cleric by the International Institute of Municipal Clerks is
(desirable, optional, mandatory). Notary Public for the State of California is
(desirable, optional, mandatory).
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to sit; use the
computer keyboard and mouse, use hands to finger, handle, or feel; reach with hands and arms;
talk or hear; and taste or smell. The employee is occasionally required to stand; walk; and stoop,
Imeel, crouch, or crawl. The employee must occasionally lift and/or move up to 25 pounds.
Specific vision abilities required by this job include close vision, distance vision, color vision,
peripheral vision, depth perception, and ability to adjust focus.
WORK ENVIRONMENT
The work envirorunent characteristics described here are representative of those an employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities toerf
p oim the essential functions.
The noise level in the work environment is usually moderate.
CIVIL CODE CIVIL CODE § 1181
is one affecting title, the Law Revision Commission Comments:
ices is broken at the time 1991—Section 1148 is amended to refer to a gift in view of "impending" death, consistent with Probate Code
dor's prior notice of the sections 5701-5705.
Fidelity National Title
I Dist) 215 Cal App 3d Collateral References:
B -W Cal Civ Prac, Bus Lit § 30:5.
Action for tortious interference with bequest as precluded by will contest remedy. 18 ALR 5th 211.
ARTICLE 3
Proof and Acknowledgment of Instruments
Collateral References:
1990 legislative summary. 9 Cal Real Prop J No. 1 p 1.
§§ 1149, 1150. [Sections repealed 1991.]
Enacted 1872, Repealed Stats 1991 ch 1055 §§ 3, 4 (SB 271). See Prob C §§ 5702, 5703.
;al property, the word
Law Revision Commission Comments:
neat rather than limita-
not limit encumbrances
1991—Former Section 1149 is superseded by Section 5702 of the Probate Code.
:d therein. 1119 Dela-
Former Section 1150 is continued in substance in Section 5703 of the Probate Code.
Co. (1993, 2nd Dist)
(a) A clerk of a superior or municipal court.
438.
§ 1151. [Section repealed 1991.]
encumbrance;
Enacted 1872. Amended Code Amdts 1873-74 ch 612 § 135. Repealed Stats 1991 ch 1055 § 5 (SB 271). See
14 1966 aily
Prob C § 5704.
196).
Law Revision Commission Comments:
B Action Guide, Fall
1991—Former Section 1151 is superseded by Section 5704 of the Probate Code.
§§ 1152, 1153. [Sections repealed 1991.1
ked by the
Enacted 1872. Repealed Stats 1991 ch 1055 §§ 6, 7 (SB 271). See Prob C §§ 5704, 5705,
Law Revision Commission Comments:
Action Guide, Fall
1991—Former Section 1152 is continued in substance in Section 5704 of the Probate Code.
Former Section 1153 is continued in substance in Section 5705 of the Probate Code,
ARTICLE 3
Proof and Acknowledgment of Instruments
Collateral References:
1990 legislative summary. 9 Cal Real Prop J No. 1 p 1.
§ 1181. Notary public; City or county officer
The proof or acknowledgment of an instrument may be made before a notary
public at any place within this state, or within the county or city and county in
this state in which the officer specified below was elected or appointed, before
th 211,
either:
(a) A clerk of a superior or municipal court.
quish ownership
(b) A county clerk.
e bailee. United
(c) A court commissioner.
14 1966 aily
(d) A judge or retired judge of a municipal or justice court.
196).
(e) A district attorney.
(f) A clerk of a board of supervisors.
(g) A city cleric.
ked by the
(h) A county counsel.
(i) A city attorney.
Amended Stats 1992 ch 876 § 3 (AB 3296); Stats 1998 ch 931 § 13 (SB 2139), effective September 28, 1998,
Amendments:
1992 Amendment: (1) Deleted comma after "below was elected" in the introductory clause; (2) redesignated
former subds (a)(1) through (a)(9) to be (a) through (i); and (3) amended subd (a) by adding (a) "superior,";
and (b) comma after "municipal".
3 C cl
Beginning in 1992,
[3 C CI italics indicate changes or additions. * * * indicate omissions. 55
O Item #8
December 17, 2001
Correspondence Received
Regarding
Discussion and Possible Direction on
0 Recruitment and Selection of Future
City Clerk
1,'
December 10, 2001
Hon. Mayor and Members of the City Council
CITY OF PETALUMA
11 English St.
Petaluma, CA 94952
Re: City Clerk's Department
I understand the proposal that the City Manager be named City Clerk is on
the Petaluma City Council December 17 Agenda. This move is a departure
from our City Charter and is not in the best interests of either the Council or
the citizenry of Petaluma. As a retired City Clerk of a California city, I
know first-hand how important the City Clerk's position is to the public's
right to know about their government, for example:
• The City Cleric is the information officer and the official record
keeper of the City and it is the place citizens go to obtain
unbiased` information,on their City. An unscrupulous City
Manager could prevent access to certain public documents.
The City Clerk is the impartial keeper of the City Council
Meeting Minutes. It could be tempting for a future City
Manager to pressure a subordinate to change the record to
match his wishes. An appointed or elected City Clerk can stand
firm on the accuracy of the records she creates.
The many federal and state "sunshine laws" which keep our
government open to citizens are the responsibility of the City
Clerk, and include open meeting laws, campaign finance and
conflict of interest reports. The City is at serious risk if these
laws are violated.
• Important legal publication and citizen notification deadlines of
matters coming before the City Council are the responsibility of
the City Clerk.
• Certain important City election matters are still necessarily
- handled by the City Clerk.
Hon. Mayor and Members of the City Council December 10, 2001.
Page 2
• The City Clerk provides continuity in government and is the
loyal historian of her City. Traditionally, City Managers do not
stay in any one city for long periods of time.
The City Clerk's Department was created in our charter as an
independent department head position and it is historically the
only one in our city that has been held by a woman. We need
to recognize and respect the valuable contributions of women in
our City government, rather than to try to trivialize them.
The City Clerk is a vital part of the healthy check -and -balance
in City government. America's democracy has been successful
because of the important check -and -balance created by our
founders through our judicial, executive and legislative
branches. We have only to look at certain other governments
for proof that "absolute power corrupts absolutely."
If the current situation were the result of a personality conflict as has been
implied, then replacing one of the persons involved is a reasonable solution.
However, -dismantling a Department that was created by our Charter and one
that has served our City well for so many years is not a reasonable solution.
For all of the above reasons, I would support the suggestion made in a recent
Press Democrat Editorial: "...of California's 477 cities, 461 have an
independently elected or appointed City Clerk. If Petaluma wants to
break the mold, the Council should consider doing so as part of a larger
city charter discussion." I am sure many interested citizens, including
myself, would be glad to serve on such an important study committee.
Respectfully submitted,
E. L. Roberson
720 Petaluma Blvd. South #20
Petaluma, CA 94952
(707)781-9368
From: Beverly Pierce To: Claire Cooper Date. 12/11/2001 Time: 8:01:52 PbA Page 2 of 2
a,f,
City of Petaluma
Mayor and Council Members
Eleven English Street
Petaluma, CA 94952
Subject: City Clerk Position
Mayor and Council Members:
Beverly J. Kline
Tuesday, December 11, 2001
The Petaluma City Council has the responsibility for defining three key positions for the
City of Petaluma, the City Attorney, City Clerk, and City Manager. During the last two
years, ,you have exercised that responsibility twice by redefining the role of City Manager
and the City Cleric within the organization.
With high -impact, structural changes, the City Cleric's position was redefined to facilitate
better and more satisfying communication between the public, the Council, and City
staff, as well as facilitating interdepartmental communication and coordination. It would
be a loss to the community if action by Council in any way compromises those
objectives.
Please do not trivialize the value to the community of an investment in a City Clerk. The
City Clerk position is where "the rubber meets the road" of open and accessible
government. Don't shortchange the community in the shuffle.
Respectfully,
Beverly J. Mine
91 Center Road, Petaluma, Califouua 94952
Telephone/Fax: 707.773.3240 E-mail: loxvnb@aol.com