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. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
.
From: BARBARA DILLON
DIRECTOR OF PERSONNEL
Dept: PERSONNEL
Subject: AMENDMENT TO RESOLUTION 6413, SECTION
THIRTEEN, TEMPORARY/PART-TIME
Date: 2/28/97
C,7/GINAL
Synopsis of Previous Council action:
AT THE DECEMBER 2, 1996 COUNCIL MEETING, HAYlilR AND COUNCIL ADOPTED RESOLUTION
NO. 96-361, APPROVING AN UPDATE TO RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY/
PART-TIME.
Recommended motion:
ADOPT RESOLUTION
y"i'/.?Al/V:;-Ah) W/.///JY2)
Signature
Contact person:
BARBARA DILLON
Phone:
EST 5161
Supporting data attached:
YES
Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
VARIOUS DEPARTMENTS
(Acct. DescriPtion)
Finance:
Council Notes:
Res 97- ?f
,173 )7 /~7
, ,
Agenda Item NO.~!:':
75-0262
.
Crrv OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Attached is an update of Resolution 6413, Section Thirteen,
Temporary/Part-time Employees.
The below listed positions were established and previously approved
by Mayor and Common Council:
A. POLICB
Police Call-Taker $10.66-$12.96 12/2/96 t/14
(Range 1286)
Police Transcriber $10.00 11/06/95 t/17
B. RISK MANAGEMENT
Liability Claims
specialist $16.62-$20.20 2/3/97 #9C
(Range 1375)
a 1 om a s m1n1mum wage increase, effective 3-1-97 from $4.75 per
hour to $5.00 per hour, affects the following temporary/part-time
positions:
CATV Production/Programming Intern
crossing Guard
Kitchen Helper
Library page
Park Intern
Recreation Aide
Recreation Intern
Student Worker
Weeder/Cleaner
75-0264
POLICE
12. Continued.
HOT:IO.:
That the plans for improving Coulston Street, from
Richardson Street to curtis street, in accordance
with Plan No. 9576, be approved; and that the
Director of Public Works/City Engineer be
authorized to advertise for bids.
13. Approve plans and authorize staff to advertise for bids
relative to installation of sewer main in Belvan street from
Olive street to Base Line street - per Plan No. 9577. (See
Attached) (Cost to the City $54,500.00 from the Sewer Line
Haintenance J'Und.) Ward 2
HOT:IO.:
That the plans for installation of a sewer main in
Belvan Street, from Olive street to Base Line
Street, in accordance with Plan No. 9577, be
approved; and that the Director of Public
Works/City Engineer be authorized to advertise for
bids.
BIID 01' CO.SJDIT CALBllDAR
COHH:ITTBB CO.SJDIT CALBllDAR
~14.
a.CO....Det.ct ror aDDroval bv i:he Perso1lJlel Cftmlllit,1:..: 1IftVAlftlt.r
25. 1996 -- ...hers Present: curlin. Arias and .earete
police Department -- approve establishment of part-time Call-
Taker classification. (see Attached)
HOT:IOJIl 11:
classification of police
1286, $10.66; $11.20;
and $12.96/hour, be
HOT:IO. 12:
That the part-time
Call-Taker, Range
$11.76; $12.35;
established; and
That the proposed job description of Police
Call-Taker be submitted to the Civil Service
Board for approval; and
HOT:IO. 13:
That the Personnel Department be directed to
update Resolution No. 6413, section Thirteen,
to reflect this particular action.
5
12/2/1996
~6. Continued.
..
NOTE: Hearing was closed on October ~6, ~995 and the matter
was referred to the Legislative Review Committee.
MOTrOH:
That said resolution be adopted.
Recommended for aDDroval bv the Personnel Committee: October
30. 1995 Council Members Present: Heqrete: Curlin:
Hernandez.
Reorganization of Police Records Transcription Unit. (See
Attached) (Het savings to the City -- $11,457 for Pi seal Year
1995/96.)
~. ~7.
MOTrOH #1:
MOTrOH #2:
MOTrOH #3:
MOTrOH #4:
MOTrOH #5:
MOTrOH #6:
That the part-time position of Police
Transcriber, at $~O.OO/hour, be established;
and
That one (~) position of Administrative
Analyst, Range 4380, $2, 954-$3, 591/month, be
established; and
That one (~) vacant Police Records Clerk II
position, Range 1287, $~,858-$2,258/month, be
deleted; and
That one (~) vacant Police Records. Clerk I
position, Range ~267, $~,68~-$2,044/month, be
deleted; and
That one (~) Account Clerk II position,
~267, $~,681-$2,044/month, be upgraded
Account Clerk III position, Range
$1, 943-$2,362/month; and
Range
to an
1296,
That the Personnel Department be directed to
update Resolution No. 64~3, Section Thirteen.
to reflect this particular action.
END OP COMMrTTEE CONSENT CALENDAR
7
U/6/95
RISK MANAGEMENT
B. planning and Building services - approve reorganization.
(See Attached) (Net savings to the General Fund -- $255
in year one.)
MOTION 11:
Approved
MOTION 12:
Approved
MOTION 13:
Approved
MOTION f4:
Approved
MOTION '5:
Approved
MOTION f6:
Approved
Building Inspector
1358, $2,647-
Delete one (1) General
position, Range
$3,217/month: and
Delete one (1) Senior Building Inspector,
Range 1377, $2,910-$3,537/month: and
Establish two (2) Building Inspector II
positions, Range 1368, $2,782-
$3,382/month: and
Reclassify the General Building Inspector
assigned to the Mobilehome Parks Program
to a Building Inspector II, Range 1368,
$2, 782-$3, 382/month: and
Retitle General Building Inspector to
Building Inspector I, at same salary
range, Range 1358, $2, 647-$3, 217/month:
and
That the Personnel Department be directed
to update Resolution No. 6413, section
10, and Resolution No. 96-188, to reflect
this particular action.
C. Risk Management Division - authorize establishment of
classification of part-time Liability Claims Specialist.
(See Attached) (Net savings -- $20,OOO-$25,ooo/year)
MOTION '1:
Approved
MOTION 12:
Approved
Establish the part-time classification of
Liability Claims Specialist, Range 1375,
$16.62: $17.45: $18.32: $19.24:
$20.20/hour: and
That the Personnel Department be directed
to update Resolution No. 6413, Section
13, to reflect this particular action.
END OF COMMITTEE CONSENT CALENDAR
5
2/3/1997
GRAY CARY WARE
. FREID ENRICH
--4
r" ;,~.. I"=,,
. "
MINIMUM WAGE INCREASE
,\ PROFESSIONAL (\_"I~POR.\TI0N
EMPLOYMENT
LAw UPDATE
A pub~cAtion of the Employment 1..&... ServiCelI Group
Propositions 209 and 210 -- A
Brief Overview
We have produced this Special Edition
of the Employment Inw Update to keep you
abreast of current changes in employment
law as the result of the recent passage of
both Proposition 209 and 210. If you have any
questions about either of these provisions and
how they may affect your business. please
call one of the attorneys listed at the
conclusion of this update.
... The California Civil Rights Initiative -
The Effect of Proposition 209 on
California Businesses
On Tuesday. November 5. 1996,
California voters put an end to three decades
of affirmative action programs in state and
local government and public education
admissions. By a margin of almost 54% to
46%, voters approved Proposition 209, the
"California Civil Rights Initiative" (CCRl),
widely perceived as an initiative designed to
end affirmative action and minority set aside
programs.
It is important that California
employers understand how this initiative does
and does not affect their businesses. Here
are the basics:
. While the CCRl primarily affects affirmative
action and set aside programs in state and
local government and public education, it
may also impact private businesses which
provide goods or services to California public
agencies.
f\'-'~
. ..
"./,"
Special Edition. N
. Even for state and local and public
educational institutions. the CCRl does not
require any change to court ordered
"l programs which call for affirmative action or
minority set aside efforts as a remedy for
correcting past discrimination.
. Importantly, Proposition 209 does not apply
to.programs that are federally funded or
.federally mcmdated and require adherence to
federal affirmative action guidelines.
Lers explore how Proposition 209
impacts private sector businesses. Private
sector businesses that are contractors with.
or subcontractors to, the United States
Government. or any federal agency, or
federally funded program, may be under the
affirmative action guidelines established by
Executive Order 11246. E.O. 11246 is the
federal Executive Order which calls for
federal contractors and subcontractors of a
certain size to implement written affirmative
action programs. If a California business
meets these federal contractor guidelines. it
must have an affirmative action plan and
program. The CCRl has no impact
whatsoever on E.O. 11246 compliance. since
this is a federal law which cannot be changed
by California voters.
Note that some California public
institutions may themselves be federal
government contractors. For example. many
of our public universities receive federal
funding lor research grants and are thus
covered under the federal affirmative action
guidelines. Proposition 209 would not affect
the federal affirmative action obligations of
these entities.
For those businesses that are not
federal government contractors or
subcontractors, but are state or local
government contractors or subcontractors,
adoption of Proposition 209 may have an
impact on certain contract requirements,
especially if yours is a minority-owned or
woman-owned business. Often, local
municipalities have, or have had. contract set
aside programs. For example. the City of San
Diego had such a program. but it had already
been ordered in a 1993 case to cease its goal-
based contracting program which had
provided some preferential treatment in the
awarding of contracts to minorities and
women. Other state and local agencies with
this type of program are impacted by the
CCRI. and will be reevaluating their
programs in light of Proposition 209.
Employers would be wise to move
slowly in making any major changes while
court challenges are ruled upon and
California agencies reevaluate their contract
requirements. Legal challenges to the OCR!
have already been filed by the ACLU and a
variety of other groups. If you have an
affirmative action plan or program. or are a
bidder for state project or service contracts,
our advice is to consult legal counsel to
review your contractor status and determine
whether or not the CCRI changes your
obligations, or protest rights. in any way.
. Passage of Proposition 210 Increases
Minimum Wage
On November 5. 1996, California
voters passed Proposition 210, the 'Living
Wage Initiative.' Accordingly, California law
now requires that as of March I, 1997.
emplayers must pay employees a minimum of
$5.00 an hour. By March 1. 1998, employers
will be required to pay $5.75 an hour.
As you know. if the federal minimum
wage is different from the state minimum
wage, an employer must pay whichever wage (
is higher. Thus, employers must likewise
conform to the increases set out in the
Federal Minimum Wage Act of 1996. This
new law increased the federal minimum
wage from $4.25 an hour to $4.75 an hour.
effective October of 1996. A further increase
is scheduled effective September 1. 1997. to
$5.15 an hour.
The following chart outlines the
increases required by California employers
due to the interaction of the two laws:
Prior to Oct. 1996 4.25 California and
Federal
Oct. I, 1996 4.75 Federal
Mar. I, 1997 5.00 California
September I, 1997 5.15 Federal
March 1,1998 5.75 California
(
Employers may have taken note of
some of the exceptions enumerated in the
Federal Wage Act. For example. employers
are permitted to pay a 'training wage' of $4.25
an hour to certain qualifying employees.
However. the training wage exception under
the state law dillers from federal law.
applying only to minors for a short
introductory work period and providing a
dillerent rate than under federal law.
Therefore. employers should carefully
investigate the applicable training wage
provisions and rates before utilizing these
exceptions.
This Special Edilion of Ihe Employmmt La.. Update.. procluced and copyrighled hy Guy Ca')' Ware & Freid.nrich. Az.y UN or
reprocluclion of II.. conlonb of lhe Employment La.. update wilhoutlhe prior wrillen consenl of Gmy Ca')' Ware & Freideorieh. A
Profe..ional Cotpomlion, .. .Iriclly prohibiled. For que.tiona on Propo.ition 209 conlacteilher Riche'" A. Paul (619) 699-2843 or
Me')' Lavigne-Buller (415) 833-2071. For info......tion rellardinll Propo.ition 210. ple... cell The""e H. Hymer (619) 699.3612 or l
Rus. Elmer (415) 833-2140. The Grey Ca')' Ware & Fmidenrich Employment La.. Update .. puhlished .. a .ervice 10 our clienls and
friend., In no cue d""" Ihe puhlished mal.rial constilute an exhaustive legal 'Iudy or legal.dvice; applicahility 10 . padicular .iluation will
depend upon analysis of Ihe gi""n facls, @ 1996 Guy Ca')' Ware & Freidenrich. A Professional Cotpomlion.