TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Teresia Zadroga-Haase, Director of Human Resources
SUBJECT:Title
Resolution Amending the City of Manhattan Beach Personnel Rules Classified Service List (Human Resources Director Zadroga-Haase).
ADOPT RESOLUTION 16-0050
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Recommended Action
RECOMMENDATION:
It is recommended that the City Council adopt by Resolution the amendment to the Personnel Rules Classified Service list (Personnel Rules Attachment C). The City Council adoption will authorize the City Manager to take appropriate actions necessary to amend Attachment C of the Personnel Rules.
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FISCAL IMPLICATIONS:
The City contributes 2% of an incumbent’s salary toward a 401(a) account as an additional benefit for “at-will” status, for fiscal year 2016-2017 updating the employment status of the Building Official will result in a maximum fiscal impact of $3,169. The remaining classifications being added to Attachment C of the Personnel Rules were approved through prior Council actions and any associated costs have already been included in the adopted budget.
BACKGROUND:
When Management/Confidential positions become vacant, the Human Resources Department and hiring department review the position class specification to make any changes necessary to incorporate updated essential job duties, minimum qualifications and potential expectations of the position. Employment status is also reviewed to determine whether the current employment status of either “at-will” or “classified” is appropriate given the nature of the position(s).
Classified employment status under the City’s Personnel Rules gives a classified employee property interest rights in his/her job. This means that employment cannot be terminated without the employee being provided due process, which consists of prior notice, a hearing and the employee’s right to challenge a termination. The City bears the burden of proof of misconduct.
At-Will employment status under the City’s Personnel Rules allows the City to terminate the employment relationship “at-will” without the requirement to prove misconduct of a sufficient nature to warrant termination. Typically, management level positions where an incumbent exercises significant authority and/or heavily influences policy development are designated as at-will positions.
DISCUSSION:
In preparation for the recruitment of a new Building Official, a critical single incumbent position which has been vacant for nearly a year, Staff reviewed the Building Official class specification. The Community Development Director is in agreement with the recommendation that the Building Official position be classified as at-will. This position is a highly visible and responsible position with significant authority and ability to influence and interpret Council policy. It is appropriate that this position be designated as at-will.
Per the Personnel Rules, Attachment C - Classified Service “…The City Council shall designate other full-time positions at-will and amend Attachment C of the Personnel Rules as appropriate.” Staff recommends the Building Official positon be added as an at-will position.
In order to fully update Attachment C of the Personnel Rules, the following housekeeping changes will be made based upon prior City Council actions:
• Traffic Engineer - a new classification which was approved by Council in 2014 as an at-will classification will be added to the exceptions for the Community Development Department; and
• Human Resources Manager and Executive Assistant (Human Resources) - these two at-will positions were approved by Council in March of 2016 as part of the Human Resources reorganization and will be added to the exceptions for the Human Resources Department.
POLICY ALTERNATIVES:
Regarding the Building Official, Council may choose to not change the employment status from “classified” to “at-will.” This is not recommended for the reasons stated above.
Regarding the housekeeping changes recommended, Council has already taken the actions necessary to establish the employment status for the Traffic Engineer, Human Resources Manager and Executive Assistant (Human Resources). The recommended action is to simply update the personnel rules pursuant to Council action. To not do so continues to leave the Personnel Rules in conflict with Council direction.
PUBLIC OUTREACH/INTEREST:
After analysis, staff determined that public outreach was not required for this issue.
LEGAL REVIEW
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
Attachment/Attachments:
1. Resolution No. 16-0050
2. Personnel Rules - Attachment C - Classified Service