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Home My WebLink About05.C-Civil Service 5.C DOC ID: 1458 A CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Personnel Actions From: Kelli Bruhl MlCC Meeting Date: 01/09/2012 Prepared by: Kelli Bruhl, (909) 384-5060 Dept: Civil Service Ward(s): All Subject: Personnel Actions - Classified Financial Impact: Motion: Approve and ratify the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. CERTIFICATION BY CIVIL SERVICE CHIEF EXAMINER: I hereby certify that the CLASSIFIED Personnel Actions listed below and numbered as item ~ through ~ conform with all personnel policies adopted by the Mayor and Common Council and are in conformance with all administrative regulations of the City of San Bernardino. GENERAL FUND: NAMEIDEPARTMENT REOUESTED ACTION FIRE 1. Harker, Daniel PROMOTION: from Fire Captain, Range P4, Flat Rate, $9037/mo., to Battalion Chief, Range P5, Flat Rate, $12,158/mo., Eff: 1/10/12. PARKS, RECREATION & COMMUNITY SERVICES 2. Angulo, Diana APPOINTMENT (Part- TimelNon-Career): Recreation Aide, Range PT, Step I, $8.00/hr., Benefits: Medicare, Unemployment ~ minimal cost; Eff: 1/10/12. POLICE 3. Doyle, Shannan PROMOTION: from Police Dispatcher I, Range 1400, Step I, $3264/mo., to Police Dispatcher II, Range 1420, Step I, $3606/mo., Eff: 1/10/12. Updated: 11512012 by Linda Sutherland A I ~ Pa~l(et Pg. 60 4. 5. 6. 7. 8. 9. Celis, Nancy Thompson, Lane Zink, Joey Passo, Ronald Topping, Rodney COMMUNITY DEVELOPMENT Suarez, Mario PUBLIC WORKS 10. II. 12. 13. Haynes, Jeffery Lussier, James Tamayo, Frank Vellanoweth, Javier 5.C 1458 APPOlNTMENT: Police Records Technician I (Flex), Range 1330, Step 1, $2302/mo., Eff: 1/10/12. Salary: Benefits: Total: $27,624 $13.653 $41,277 PROMOTION: from Police Officer, Range PI, Step 5, $7106/mo., to Police Detective, Range P2, Step 5, $8108/mo., Eff: 1/10/12. PROMOTION: from Police Officer, Range P2, Step 5, $7106/mo., to Police Sergeant, Range P3, Step 5, $9190/mo., Eff: 1/10/12. PROMOTION: from Police Detective, Range P2, Step 5, $8108/mo., to Police Sergeant, Range P3, Step 5, $9190/mo., Eff: 1/11/12. PROMOTION: from Police Sergeant, Range P3, Step 5, $9190/mo., to Police Lieutenant, Range P4, Step 5, $11,Oll/mo., EIT: 1/10/12. APPOlNTMENT (Part-Time/Non-Career): Principal Planner, Range PT, Step 11, $46.10/hr., Benefits: Medicare, Unemployment = Minimal cost; Eff: 1/10/12. APPOlNTMENT (Part- Time/N on-Career): Extra Relief Heavy Laborer, Range PT, Flat Rate, $11.25/hr., Benefits: Medicare, Unemployment = minimal cost; Eff: 1/11/12. INTEGRATED WASTE FUNDS/PROGRAM 96: 14. 15. Aquino, Gabriel Mendoza, Arthur FEDERAL FUNDS: NO ACTIONS Updated: 1/512012 by Linda Sutherland A APPOlNTMENT (Part- Time/Non-Career): Extra Relief Heavy Laborer, Range PT, Flat Rate, $11.25/hr., Benefits: Medicare, Unemployment= Minimal cost; Eff: 1/11/12. 1- pa~k~t Pg; 61 I 5.C 1458 Supportinl! Documents: Updated: 1/5/2012 by Linda Sutherland A I,: Pa~ket Pg. 62 1 uez Henry Empeno Wednesday, November 16, 2011 11 :38 AM McNeely-Ch; Andrea Trevls-Miller Wheeler_Ma@sbcity.org; James Penman; Stephanie Easland; Jolena Grider; Livingston_Li@sbclly.org; Nelva Costello; Angie Rodriguez; Shauna Britton-Naime Contract Principal Planner Marlo Suarez 1M 11-063 f; a~. :::1 Arl ADVISORY MEMO ONL\": INI WITH FULL ~EGAL RESEARCH PLEASE "EQUEST IT IN WRITING. From: Sent: To: Cc: Subject: Mr. McNeely, I write regarding my grave concerns regarding the selection, hiring and employment status of Contract Principal Planner Mario Suarez and the related legal problems and liability issues created by Mr. Suarez's status. As I noted in my email below to Margo Wheeler sent October 19, 2011, and ccd to you and Ms. Travis-Miller, I requested a copy of Mr. Suarez's contract on August 2S, 2011, because the City Attorney's Office had not previously reviewed it, nor were we consulted prior to the hiring of Mr. Suarez. The City Attorney's review would assure that the selection and hiring process complied with Chapter 3.04 of the Municipal Code, and that the contract included the necessary legal clauses requiring insurance (general and professional liability), indemnification of the City, City Business Registration, and independent contractor status (espeCially regarding the payment of social security and income taxes), among other requirements. Up to today, we have not received a copy of Mr. Suarez's contract. We have the following concerns: 1. Did the City comply with SBMC Section 3.04.085 and solicit proposals from at least three prospective providers for services before selecting Mr. Suarez? 2. Has payment to Mr. Suarez exceeded the $25,000 limitation in Section 3.04.085? 3. Has Mr. Suarez provided documentation of general liability and professional liability (errors and omissions) insurance coverage? Is this amount of coverage adequate to protect the City? 4. Does Mr. Suarez have a City 8usiness Registration Certificate? 5. Is Mr. Suarez truly acting as an independent contractor? Mr. Suarez daily works at a City Hall desk, in a City Hall office, and apparently under the general supervision of Margo Wheeler. If Mr. Suarez is not truly acting as an independent contractor, this may impose PER5 and tax liabilities upon the City. 6. Does Mr. Suarez have the necessary experience and knowledge of California land use planning law, and in particular recognize the City's Charter City status, to perform the duties of Principal Planner? Henry Empeiio, Jr. ~~~~ :: r_~~~~ w City of San Bema~ Senior Deputy City Attorney City Attorney's Office 300 N. "D" Street, 6th Floor San Bernardino, CA 92418-0001 1 ~JlAr-ronN{). S-(c) f'/II,.~ ,). If' /1'2- Phone: (909) 384-5355 Fax: (909) 384-5238 hem peno@sbcityattorney.org Confidentiality Note: The contents of this e-mail message and its attachments, if any, are intended solely for the addressee(s) hereof and constitute a confidential attorney-cllent communication, and/or constitute confidential attorney work product. If you are not the named addressee, or if you believe this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate or otherwise use or rely upon this information. Delivery of this message to any person other than the Intended recipient(s) Is not intended in any way to waive confidentiality. If you have received this transmission In error, please alert the sender by reply e-mail. It is also requested that you immediately delete this message and Its attachments, If any. Thank You. From: Henry Empeno Sent: Wednesday, October 19,2011 2:19 PM To: 'Margo Wheeler' Cc: Andrea Travis-Miller; Stephanie Easland; 'Uvlngston_U@sbcity.org'; James Penman; McNeely_Ch Subject: Contract Principal Planner Mario Suarez Hello Margo, You may recall that on August 25, 2011, I called you and commended Marlo Suarez's informative presentation at the August 24, 2011 Planning Commission Meeting on long range planning. We also talked about Mr. Suarez's status working for the City as a Contract Principal Planner. I Informed you that neither I nor Assistant City Attorney Stephanie Easland had ever reviewed a consultant agreement for Mr. Suarez, but you assured me that such an agreement had been approved. You then said that you would supply me with a copy of Mr. Suarez's contract. Although I have called you since then and left messages, I have not received a copy of his contract. In my August 25, 2011 telephone conversation with you, I informed you that other consultants have been hired by the City to work with the then Development Services and Public Works Departments where the contracts for under $2S,000, although not reqUiring Mayor and Council approval, had been approved by the City Attorney's Office and the then City Administrator or City Manager. The City Attorney's review would assure that the selection and hiring process complied with Chapter 3.04 of the Municipal Code, and that the contract included the necessary legal clauses requiring insurance (general and professional liability), indemnification of the City, City Business Registration, and independent contractor status (espeCially regarding the payment of social security and income taxes), among other requirements. We also discussed the requirement that professional services consultants hired as independent contractors cannot be under the general supervision of any City employee, and do not generally perform any of their tasks at City Hall. They are given specific assignments and deliver their work product to City staff. If the consultant were to routinely work at a City Hall desk and office, and be under the daily supervision of City staff, then this would contradict their independent contractor status, and may impose PERS and tax liabilities upon the City. I informed you that the Departments that I have previously advised on these issues regarding the hiring of such consultants, have instead often chosen the alternative of hiring these persons as part-time and temporary City employees. Please contact me to resolve these concerns. I look forward to working with you and Mr. Suarez on long range planning matters. Henry Empefio, Jr. Senior Deputy City Attorney City Attorney's Office 300 N. "D" Street, 6th Floor San Bernardino, CA 92418-0001 2 , . Phone: (909) 384-5355 Fax: (909) 384-5238 hempeno(i:i)sbcitvattornev.orl! Confidentiality Note: The contents of this e-mail message and Its attachments, If any, are Intended solely for the addressee(s) hereof and constitute a confidential attorney-cllent communication, and/or constitute confidential attorney work product. If you are not the named addressee, or If you believe this message has been addressed to you In error, you are directed not to read, disclose, reproduce, distribute, disseminate or otherwise use or rely upon this Information. Delivery of this message to any person other than the Intended reclplent(s) Is not Intended In any way to waive confidentiality. If you have received this transmission In error, please alert the sender by reply e-mail. It Is also requested that you Immediately delete this message and its attachments, If any. Thank You. 3