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Home My WebLink About17-Personnel CI'FY OF SAN BERNQDINO - REQUEST FO COUNCIL ACTION Barbara Dillon Subject: Removal of Classification of City Administrator from ManagementJ Confidential Unit From: r" Personnel De~ Date: October 6, 1994 Synopsis of Previous Council action: Resolution No. 10584 was adopted January 19, 1971. Sections 17.1 and 17.2 of Resolution No. 10584 were last amended on September 19, 1988. dJ.HN . 0FInC... ) c:;r 9<. 11: 24 Recommended motion: c Direct the Personnel Department to prepare an amendment to Resolution No. 10584, Sections 17.1 and 17.2, to delete the classification of City Administrator from the list of classifications included in this Resolution, and to update the classifications listed under Section 17.1, "Management Employees," and Section 17.2, "Confidential Employees." ~AA--,A/?) \)),;///YJ;J Signature Barbara Dillon 384-5161 Contact person: Phone: Supporting data attached: Attached Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. DescriPtion) Finance: Ceil Notas: 75-0262 Agenda Item No 17 CITY OF SAN BERNJODINO - REQUEST FcQ COUNCIL ACTION c c c -0264 STAFF REPORT On January 19, 1971, the Mayor and Common Council adopted Resolution No. 10584, "Uniform and Orderly Methods of Communications Between the City and Its Employees for the Purpose of Promoting Improved Employer-Employee Relations." Sections 17.1 and 17.2 of Resolution No. 10584 list classifications under the headings, "Management Employees" (Section 17.1) and "Confidential Employees" (Section 17.2). The classification of City Administrator is listed under "Management Employees." The recommended motion is as follows: Direct the Personnel Department to prepare an amendment to Resolution No. 10584, Sections 17.1 and 17.2, to delete the classification of City Administrator from the list of classifications included in this Resolution, and to update the classifications listed under Section 17.1, "Management Employees," and Section 17.2, "Confidential Employees." When a Management/Confidential salary survey was conducted in 1991, the Mayor and Common Council designated the City Administrator to negotiate with the Management/Confidential employees on salary adjustments. Deleting the classification of City Administrator from the Management/Confidential Unit eliminates the conflict arising from the City Administrator bargaining on behalf of other unit members, as well as for his or her own wages. Therefore, it is recommended that the Mayor and Common Council adopt the form motion. . - - - - - . c o RESOLUTION NO. 10584 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING UNIFORM AND ORDERLY METHODS OF COMMUNICATIONS BETWEEN THE CITY AND ITS EMPLOYEES FOR THE PURPOSE OF PROMOTING IMPROVED EMPLOYER-EMPLOYEE RELATIONS. WHEREAS, Chapter 10, Division 4, Title 1 of the Government Code of the State of California was amended effective January 1, 1969, for the purpose of promoting improved employer-employee relations between public employers and their employees by establishing uniform and orderly methods of communications between employees by establishing uniform and orderly methods of communications between employees and the public agencies by which they are employed; and WHEREAS, Government Code Section 3507 empowers a City to adopt reasonable rules and regulations after consultation in good faith with representatives of its employee organizations for the administration of employer-employee relations; and WHEREAS, the City of San Bernardino desires to adopt such reasonable rules and regulations as authorized by law, NOW THEREFORE THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY RESOLVE AS FOLLOWS: SECTION 1. Title of Resolution This resolution shall be known as the Employer-Employee Relations Resolution of the City of San Bernardino. SECTION 2. Statement of purpose The purpose of this resolution is to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et. seq.) captioned "Public Employee Organizations" , by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations and by promoting full communications between the City and its employees to protect the exercise by its employees of their full freedom of association and self-organization and designation of representatives of their own choosing by providing a reasonable method for resolving disputes regarding wages, hours, and other terms and conditions of employment. Nothing contained herein shall be deemed to supersede the provisions of State Law, the City Charter or any ordinance which establish and regulate the Civil Service system or which provide for other methods of administering employer-employee relations. 1 #17 J~ J'"7_CU./ - - - o o organizations. Section 14: Grievances Grievances shall be processed in accordance with procedures established by the City. Section 15. Memorandum of Understanding When the meeting and conferring process is concluded between the City and a formally recognized employee organization, all agreed upon matters shall be incorporated in a written memorandum of understanding signed by the duly authorized City and employee representatives. This memorandum of understanding shall be submitted to the Mayor and Common Council for determination. Section 16. Rules and Regulations The Mayor and Common Council may adopt any rules and regulations necessary or convenient to implement the provisions of this Resolution and Chapter 10, Division 4, Title I of the Government Code of the State of California (Sections 3500 et. seq.). Section 17. Construction (A) Nothing in this resolution shall be construed to deny any person or employee the rights granted by Federal and State laws and City Charter provisions. (B) The rights, powers and authority of the Mayor and Common Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this resolution. (C) The provisions of this resolution are not intended to conflict with the provisions of Chapter 10, Division 4, Title I of the Government Code of the State of California (Sections 3500, et. seq.). (D) The provisions of this resolution are inapplicable to the Water Department or the Board of Water Commissioners of the City of San Bernardino, in accordance with Article IX, Section 163.2 of the Charter of the City of San Bernardino. (Added Sec. (d) by Res. 79-286, July 9, 1979) Section 17.1 Management Employees, Members Other than Safety 13 - - o o (A) Management employees, as defined in Section 3 hereof, shall include those individuals performing the below and are a part of the Management/Confidential Group: Administrative Assistant to the City Administrator Administrative Assistant to the Council Administrative Assistant to the Mayor Administrative Operations Supervisor II Affirmative Action Officer Assistant City Attorney Assistant City Engineer Assistant City Librarian Assistant City Treasurer Assistant Director of Finance Assistant Director of Personnel Assistant to the City Administrator Business License Supervisor Battalion Chief Cemetery Superintendent Chief of Police City Administrator City Attorney (Elected official/not represented) City Clerk (Elected official/not represented) City Librarian. City Treasurer (Elected official/not represented) Civil Service Board Chief Examiner Cultural Affairs Coordinator Data Systems Manager Deputy City Administrator - Administrative Services Deputy City Administrator - Development Deputy Fire Chief Director of Animal Control Director of Building and Safety Director of Community Development Director of Park, Recreation & Community Services Director of Personnel Director of Planning Director of Public Services Director of Public works/City Engineer Director of Risk Management Director of Telecommunications Executive Assistant to the Council Executive Assistant to the Mayor Executive Director (Federal programs) Field Engineer Fire Chief Fleet Manager Plan Check Engineer Police Captain Police Lieutenant Principal Planner Project Coordinator 14 o Public Services Supervisor Purchasing Agent Senior Assistant City Attorney Senior Civil Engineer Superintendent of Parks Superintendent of Public Buildings Superintendent of Recreation Supervising Librarian Traffic Engineer (Amended by ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( Res. No. 10958, 12925, 79-256, 79-286, 82-282, 82-362, 84-197, 84-375, 84-391, 84-469, 85-336, 86-101, 87-82, 87-232, 88-206, 88-368, Feb. Aug. June July July Aug. May Sept. Oct. Nov. Aug. Apr. Mar. July June Sept. o 22, 29, 19, 9, 6, 16, 21, 17, 1, 8, 19, 7, 23, 6, 20, 19, 1972) 1977) 1979) 1979) 1982) 1982) 1984) 1984) 1984) 1984) 1985) 1986) 1987) 1987) 1988) 1988) (B) Management employees are excluded from representation by the General Employees' bargaining unit and are restricted from representing general employees of the City of San Bernardino on matters within the scope of representation. Section 17.2 Confidential Employees Other Than Safety Members (A) Confidential employees, as defined in Section 3 hereof, shall include those individuals occupying the following positions and are a part of the Management/Confidential Group: Administrative Operations Supervisor (City Attorney's Office) City Attorney Investigator Data Processing Coordinator Data System Operator Deputy City Attorney I Deputy City Attorney II Deputy City Attorney III Deputy City Attorney IV Senior Deputy City Attorney Deputy City Clerk I Deputy City Clerk II Executive Secretary 15 - 0 0 Internal Auditor/Budget Officer Legal Secretary I Legal Secretary II Personnel Analyst Personnel Assistant Programmer I Senior Accountant Senior Data Systems Operator Senior Secretary Secretary ( Added by Res. No. 10908, Nov. 15, 1971) (Amended by Res. No. 12925, Aug. 29, 1977 ) ( 79-256, June 19, 1979) ( 79-286, July 9, 1979) ( 82-282, July 6, 1982) ( 83-123, May 9, 1983) ( 83-186, June 20, 1983) ( 84-197, May 21, 1984) ( 84-391, Oct. 1, 1984) ( 86-101, Apr. 7, 1986) ( 87-82, Mar. 23, 1987) ( 87-435, Dec. 21, 1987) ( 88-238, July 5, 1988) ( 88-367, Sept. 19, 1988) (B) Confidential employees are excluded from representation by the General Employees' bargaining unit and are restricted from representing general employees of the City of San Bernardino on matters within the scope of representation. (Sec. 17.3 added by Res. No. 10908, Nov. 15, 1971) (Amended by Res. No. 12925, Aug. 29, 1977) (Repealed by Res. No. 88-206, June 20, 1988) (Sec. 17.4 added by Res. No. 10908, Nov. 15, 1971) (Repealed by Res. No. 12925, Aug. 29, 1977) (Sec. 17.5 added by Res. No. 11000, Mar. 20, 1972) (Repealed by Res. No. 11377, May 7, 1973) Section 17.6 Middle-Management Employees (A) Middle-Management employees, as defined in Section 3 hereof, shall include those individuals performing the functions or occupying the positions as listed below and are a part of the Middle-Management Group: Administrative Operations Supervisor I Animal Shelter Operations Manager Assistant Traffic Engineer Building Inspection Supervisor 16