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CITY OF SAN .IERNARDlInIO - RIEQUIE~ ( FOR COUNCIL ACTI\JN
From: James C. Richardson, Deputy City Subject:
Administrator-Development Services
Dept: Administration
Hearing on alleged improprieties
with filling of a Code Compliance
Officer position in 1987.
Dam: September 8, 1988
M&CC Meeting of 9/19/88
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Synopsis of Previous Council action:
8-15-88
Setting of hearing at 9:30 a.m., September 19, 1988 to
discuss allegations on the filling of Code Compliance
Officer position.
Recommended motion:
That the hearing be closed; that the filling of a Code
Compliance Officer position in 1987 was proper and the
appeal by Mr. James Clark be denied.
cc: James Robbins, Acting City Administrator
Mark Sutton, Building & Safety Director
Gordon Johnson, ,Personnel Dir~e ;.::J_ A
James Penman, Clty Attorney ~m .~~
Signature
Contact person:
James C. Richardson
Phone: 5270
Supporting data attached: Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount: N/A
Sou rce:
Finance:
Council Notes:
AnI>nrls:a Itpm Nn ~ tb
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Mr. James Clark has filed an appeal to an administrative
decision concerning the appointment of a Code Compliance
(Enforcement) Officer. The following information is provided
on Mr. Clark's appeal:
1. On July 10, 1987, Mr. Clark advised previous Building &
Safety Director, John E. Tucker, that he was rescinding
his request that the employees union office look into
his working out of classification (see Exhibit "A"
attached) .
2. Prior to Mr. Tucker's departure in July, 1987, he
indicated that Mr. Clark would be working as a General
Building Inspector and only handling paperwork for the
Board of Building Commissioners (BBC).
3. A request was forwarded to the Personnel Committee of
the Common Council to increase the number of Code
Officers to meet departmental needs, as well as address
an informal complaint by Mr. Mark Young who was assigned
to Code enforcement activities. (See Exhibit "B"
attached).
4. After observing the activities of the Code Enforcement
section for approximately two (2) months, Mr. Clark was
permanently assigned to Building Inspection and Mr. Dean
Pagel took over full coordination and supervision of
Code enforcement and BBC responsibilities.
5.
The additional
approved by the
1987, based
Committee.
or third Code enforcement position was
Mayor and Common Council on October 5,
on the endorsement of the Personnel
6. Recruitment was begun in order to fill the Code
Enforcement position, as approved by the civil Service
commission and Mr. Young was advised that he would have
to compete for the position.
7. Two candidates (Mr. Clark and Mr. Young) were certified
for oral examination and both candidates passed.
8.
The final appointment was carefully
included a consultation with Mr. Dean
time Mr. Young was considered the best
position.
reviewed, which
Pagel, at which
candidate for the
9. The appointment of Mr. Young was approved by the Mayor
and Common Council on December 22, 1987, with an
effective date of October 5, 1987, to coincide with the
date of adding the third Code Enforcement Officer.
The foregoing information, identifies the appointment process
which was regarded as proper. Mr. Clark cites a November 25,
staff Report
M&CC of September 19, 1988
Hearing on Filling of Code Compliance
Officer position in 1987
Page 2
1987, memorandum (Exhibit "C") to the city Administrator as
evidence of pre-determination of the appointment of Mr. Young
as Code Enforcement officer. However, it appears that Mr.
Clark has taken certain information out of context. An
organization chart (Attachment No. 4 to Exhibit C) lists Mr.
Young in Code Enforcement with a notation "In process of
authorization {To be filled with existing personnel.)". This
was information only and did not mean final action was taken,
just as the noted Code Enforcement Supervisor had not been
designated at that time. Information on staffing (Attachment
No. 5 to Exhibit "C") was a position-by-position listing for
budget and salary purposes that noted vacancies and not an
early indication on appointment of the Code Enforcement
Officer.
Mr. James Clark was given consideration for the
Compliance Officer position, civil Service procedures
followed, no advance determination on appointment was
and another candidate was appointed to the position.
the appeal by Mr. Clark should be denied.
Code
were
made
Thus,
mtb
EXHIBIT lIAlI
CITY OF SAN BEkNARDINO
-
MEMORANDUM
To JOHN E. TUCKER, DIRECTOR
DEPT OF SLnG & SAFETY
From JAMES CLARK, SLOG INSP
Date JULY 10, 1987
Subject
Approved
Date
Pursuant to a meeting with John Tucker -and myself, I have rescinded
my request to the employees union office asking for a look into my
position as working out of ca1ssification.
This was agreed upon to allow a smoother transition of re-a1ignment
of personal within the department and to allow for a smoother work
load.
Jl;N0 d
James Clark
Building Inspector
(
EXHIBIT "B"
'-
CITY OF SA~i BE~ .NARDINO
- MEMORANDUI\_
Subject
Date
JAMES C. RICHARDSON
Acting Di rector
Department of Building &
Safety
August 19, 1987
PERSONNEL COMMITTEE
To through RAYMOND D. SCHWEITZER
City Administrator
1it
From
PERSONNEL REQUEST
Approved
Date
The Department of Buiiding & Safety has three (3) people in the Code
Enforcement Division. Two (2). are classified as Code Compliance
Representatives and one (1) is clasSified as a General Building Inspector.
The duties in this Division are all the same. This disparity in classi-
fication has occurred because of the 9rowth in staffing in the Code
Enforcement Division in the past six (6) months. In order to properly
compensate and utilize an employee under-classified in the division
and to avoid the potential for a grievance, I am requesting that one (1)
posi ti on for Code Comp 1 i ance Representa ti ve be approved.. Further, upon
filling the position, then one (1) General Building Inspector position
will be eliminated.
The Code Enforcement Representative is classified in Range 1108 with an
annual salary of $30,360 and the General Building Inspector is classified
in Range 1103 wi th an annual .sa 1 ary of $28,524. The addti ona 1 annual cost
with benefits totals $2,100 and can be covered by monies reserved in the
overtime account of the Department budget for F. Y. 1987/88. r~r. John Tucker
briefly commented to the Mayor and Common Council about this matter during
review of the 1987/88 Budget.
I would request that the Personnel Committee endorse the position upgrade
as outlined and direct staff to prepare a resolution reflecting the change
for consideration by the Mayor and Common Council.
~~.
.ES C. RICHARDSON.
Acting Director
Department of Building & Safety
JCR:kak
cc: Raymond D. Schweitzer, City Administrator
Mary Jane Pe~lick, Personnel Director
Dean Pagel, Building Inspection Supervisor
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EXHIBIT "CU
C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8711-1419
TO: Raymond D. Schweitzer, City Administrator
FROM:
James C. Richardson, Deputy City Administrator-
Development
SUBJECT: Organization/Operation
Department
of Building
and safety
DATE:
November 25, 1987
(7269 )
COPIES:
Esther R. Estrada, Councilwoman - First Ward
Evlyn Wilcox, Mayor
Dean Pagel, Building Inspection supervisor
-------------------------------------------------------------
You asked that I prepare information on the above subject in
response to a November 12th memorandum to you from
Councilwoman Esther R. Estrada. Also, as you requested, I
have forwarded to Councilwoman Estrada copies of the 7/13/87
organization chart (Attachment NO.1), the 4/9/87 (Attachment
No.2) and its amendment dated 9/25/87 (Attachment No.3).
Copies of Attachments 1, 2 and 3 were provided to the Council
Office on November 18th.
In Response to the three requests of November 12, 1987, by
Councilwoman Estrada, I am providing the following informa-
tion:
1. A revised diagram/oprganization chart for
department organization is outlined in Attachment
No.4 dated November 17, 1987. To assist in the
review of this chart, Attachment No. 5 is included
outlining salary information by position.
2. As noted in Departmental Directive No. 4 on
September 25, 1987, the Building Inspection
Supervisor, Dean Pagel, is directly responsible for
supervising code enforcement. Because of actual
exper1ence with the City in the past, senior
General Building Inspector Charles Gladish assists
Mr. Pagel in coordination of code enforcement as
needed. Prior to Mr. John Tucker's departure, we
agreed that it would be necessary to assign code
enforcement to Mr. Pagel.
3. While there are several staffing changes proposed
for the expanded code enforcement program (MAC),
Attachment No. 6 sets the latest (10/5/87)
authorized staffing. The "MAC" proposal to be
INTEROFFICE MEMORANDUM: 8711-1419
organization/operation of Building and Safety Department
November 25, 1987
Page 2
reviewed December 7, 1987, by the Mayor and Common
Council will include the addition of six positions
and reassignment (transfer) of two additional
positions. The major changes that the Personnel
Committee would be concerned about would be the
creation of a new Code Enforcement Supervisor and a
new classification for an Abatement Technician. The
supervisory position is needed now. and the
technician positions will assist in less demanding
code enforcement activities.
A quicker response to Councilwoman Estrada's request was
delayed by day to day operations and the necessity to locate
and document the requests with various attachments. Please
advise if there are additional questions on this material.
(
.~~
RICHARDSON,
Building & Safety Director
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Attachments (6)
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i\TTACH~1ENT NO.2
DIRECTIVE
DEPARTMENT OF BUILDING AND SAFETY
SUBJECT: COORDINATION; CODE ENFORCEMENT SECTION
I. PURPOSE
New: Add to file
B1dg & Safety Dir #4
Apri 1 9, 1987
To provide a single channel through which Code Enforcement matters can be
handled, resulting in a single information source, more evenly distributed
work loads and uniformity in enforcement procedures.
II. AUTHORITY
City Administrative authority to delegate and coordinate work by department
directors.
III. RESPONSIBILITY
All department employees are expected to comply with this Directive. Other
City Departments are being requested to cooperate.
IV. POLICY & PROCEDURES
1. This Directive is an interim administrative policy and wi11 be effective
immediately and until the Director initiates a permanent change.
2. Alex Valenzuela is delegated the authority and responsibility for coordin-
ating the work activities of the Code Enforcement Section. His duties
include:
a. Assignment of new cases and complaints to himself or other persons
working in Code Enforcement.
b. Coordination of the work effort to ensure that:
1. Work of immediate hazard or high visibility is given high priority
for prompt action.
2. Work is evenly distributed among the available work force.
3. Follow-up of old or difficult cases is accomplished, so that cases
are not "droppedll due to age, lack of interest or difficulty.
4. Participation in the decision (along with Jim Clark and the
Director) to take cases to the Board of Building Commissioners.
5. Requesting legal assistance in Code Enforcement activities from the
City Attorney's office, as needed.
6. Keeping the Director fully informed regarding progress of cases
being handled which are of a dangerous or sensitive nature.
7. Coordinating Code Enforcement activities during periodS of workers'
absence to meet required time-tables.
Dir. #4
. Apri 1 9, 1987
Page 2
8. Working with Jim Clark to ensure proper preparation and back-up
(for cases generated through the Code Enforcement Section) which
are being presented to the Board of Building Commissioners.
9. Maintaining adequate records to accomplish the legal and coordin-
ation efforts required.
10. Represent the Code Enforcement Section in staff meetings.
11. Coordinate activities, at the staff level, with other departments
in Code Enforcement efforts (except cases turned over to the
Board of Building Commissioners).
12. Coordinate the appropriate enforcement effort for each case
(with Jim Clark and the Director, when necessary).
."
3. Jim Clark will continue in his present duties and will be assigned (by
Alex Valenzuela or the Director) cases which are:
a. Determined at the outset to be Board of Building Commissioners cases or,
b. are taken to the Board of Building Commissioners after other administra-
tive remedies have failed to accomplish the required results.
4. The Director will:
a. Maintain direct authority over Code Enforcement Section employees with
regard to training, quality of work, personnel evaluations, punitive
actions and changes in general operating procedures.
b. Represent department activities regarding Code Enforcement efforts at
the Director level and above.
c. Develope general policies and procedures for uniform handling of Code En-
forcement work (normally with participation of Code Enforcement
personnel).
d. Be responsible for funding and staffing levels of the Code Enforcement
Section.
3. Participate directly, as necessary, in Code Enforcement and BSC cases.
V. OTHER CONCERNS
The intent of this change is to get a better "handle" on Code Enforcement acti-
vities without making permanent changes in personnel, job descriptions, perma-
nent authority or other difficult to reverse decisions, during this period
while I am "learning the ropes". Discussions will be held with all effected
employees and with management prior to my making permanent changes. I can also
assure those concerned that should permanent changes result in promotional
opportunities, that the process will be competitive, without prejudice. Your
cooperation ;s expected and appreciated.
~
lJir. :1<+
Apr; 1 9. 1987
-Page 3
tJ.,L <:.~-
J hn E. Tucker. Director
i 1 di ng and Safety Department
Mayor - Evlyn Wilcox
City Admin - Ray Schweitzer
Dep City Attorney - Loren McQueen
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Ai IAlrlj1c.i~1 flu. ..)
New: Add to file
81 dg. & Safety Di I. ,'/4
.,~
September 25, 1987
DIRECTIVE
DEPARTMENT OF BUILDING & SAFETY
SUBJECT: COORDINATION; CODE ENFORCEMENT SECTION
(change)
IV. POLICY & PROCEDURES
2. Delete reference to Alex Valenzuela and insert
Senior Building Inspector.
4,8 & 12.
Delete reference to Jim Clark and insert
Building Inspector Supervisor.
.3.
Delete reference to Jim Clark and
Building Inspection Supervisor. Also,
reference to Alex Valenzuela and insert
Building Inspector.
insert
delete
Senior
(Add)
V. OTHER CONCERNS
1. Code Enforcement personnel will maintain a
daily activity roster which will be reviewed
by the Senior Building Inspector and/ or
Building Inspection Supervisor from time to
time.
2. Proper records of complaints and cases will be
maintained by all Code Enforcement personnel.
and will be readily available for review by
other departmental personnel as needed if the
employee work area is unattended.
3. No complaint, file or other work record will
be destroyed or discarded without
authorization of the Senior Building Officer
or the Building Inspection Supervisor.
4.
Failure to comply with the
additions herein outlined or
directive #4, as issued, will
disciplinary action.
changes and
the original
be cause for
. .
Building & Safety
Directive #4
Page 2
-:'
5. Code complaints received through the Mc~e
Attractive Community (MAC) Force will :~
referred to the appropriate department. ...,-:c
complaints will be entered into the comp'.~...;.:
system for tracking purposes. MAC complaL:~2
involving this department will be monitored
and enforced by this department.
ES C. RICHARDSON, (10/9/87)
cting Building & Safety Director
cc: Mayor Evlyn Wilcox
Raymond D. Schweitzer, City Administrator
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1987-88 FULL-TIME SALARIES
BUILDING & SAFETY DEPARTMENT
Position
Building/Safety Director
Plan Check Engineer
Building Inspector Supv.
Senior Building Inspector
Senior Building Inspector
Senior Building Inspector
Plan Checker
Code Compliance Officer
Code Compliance Officer
Code Compliance Officer
General Building Inspector
General Building Inspector
General Building Inspector
General Building Inspector
General Building Inspector
General Building Inspector
General Building Inspector
Secretary
Account Clerk II
Typist Clerk II
Typist Clerk II
21 Positions
Incumbent
Vacant
Dunham, C.
Pagel, D.
GladiSh, C.
Emery, C.
Vacant
Jackson, D.
Hesterley, D.
Valenzuela, A.
Young, M.
O'brien, J.
Wilson, E.
Clark, J.
Masters, J.
Reed, R.
Gomes, B.
Vacant
Vacant
KeeSling, M.
Aiello, I.
Foster, J.
4 Vacancies
ATTACHMENT NO. 5
EXHIBIT "E"
<;)
Salary
Monthlv Annual
$3,698
3,521
2,895
2,624
2,496
2,496
2,377
2,407
2,291
2,049
2,377
2,377
2,377
2,262
2,049
2,049
1,950
1,558
1,642
1,400
1,346
$48,241
$ 44,376
42,252
34,740
31,488
29,952
29,952
28,524
28,884
27,492
24,588
28,524
28,524
28,524
27,144
24,588
24,588
23,400
18,696
19,704
16,802
16,152
$578,894
James C. RiChardso~n Acting Building & Safety
October 20, 1987
,
Prepared by:
(Note: As of 11/18/87, the Account Clerk II is vacant.)
Director
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A TTACHMENT NO. 6
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 6433 ENTITLED IN PART ftA ~ESOLUTION.....
CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPART-
MENTS OF THE CITY OF SAN BERNARDINOft: BY ESTABLISHING ONE
POSITION OF SPECIAL OLYMPICS COORDINATOR IN THE RECREATION
DIVISION OF THE PARKS, RECREATION AND COMMUNITY SERVICES
OEPART!-tENT AND BY CHANGING THE NUMBER OF CODE COMPLINl\NCE
OFFICER POSITIONS FROM 2 TO 3 AND THE NUMBER OF GENERAL
BUILDING INSPECTORS FROM 8 TO 7 IN THE BUILDING AND SAFETY
DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON. COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 6433, Section ~our, Subsection
4.9 is amended to read:
ft4.9 BUILDING & SAFETY
1 Account Clerk II
1 Building Inspection
Supervisor
3 Code Compliance Officer
1 Director of Building &
Safety
7 General Building
Inspector
1 Plan Checker
1 Plan Check Engineer
1 Secretary
3 Senior Building Inspector
2 Typist Clerk 11ft
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Section Four, Subsection
I
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SECTION 2. Resolution No. 6433,
4.178 is amended to read:
W4.l7B Recreation Division
1 CIn t-tanager
2 Recreation Center
Manager II
4 Recreation Center
Manager I
<Cont inued)
lc(sj87
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Recreation Supervisor
Senior Recreation
Supervisor
Special Olympics
Coordinator
Superintendent of Recrea-
tion , Community Ser-
vic'!
Typist Cleri< II"
1
1
1
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
8 Bernardino at a
meeting thereof, held on the
day of
, 1987, by the following vote, to wit:
AYES:
NAY 5 :
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of , 1987.
~
Mayor of the City of San-Bernardln~
Approved as to form
and legal content: