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CITY OF SAN BEIGARDINO - REQUES'1Q:OR COUNCIL ACTION
From: Councilman Jack Reilly Subject: Personnel Committee Report
Dept: Council Office
Date: May 24, 1988
Synopsis of Previous Council action:
Recommended motion:
That minutes of Personnel Committee meeting held May 19,
1988 be received and filed.
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Signature
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Contact parson: Phi] IInTi",.,
Phone:
lR4-'i20R
Supporting deta eUachad: Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Sourca: (ACCT. NO.)
(ACCT. DESCRIPTION)
F Inanca:
Council Notal:
Anpnrl. I tllm Nn
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PERSONNEL COMMITTEE
May 19, 1988
ATTENDEES:
Councilman Jack Reilly - ehairman
Councilman Tom Minor
eouncilwoman Valerie Pope-Ludlam
Acting City Administrator - Jim Robbins
eity Attorney - James Penman
Personnel Director - Gordon Johnson
eivil Service Bd. Chief Examiner - Roger DeFratis
Police Chief - Don Burnett
Police Lt. - Frank Alvarez
Recreation Superintendent - John Kramer
Council Executive Assistant - Phil Arvizo
Mayor's Executive Assistant - Richard Bennecke
I. DEFINITION OF PART-TIME/TEMPORARY EMPLOYEES BY CIVIL
SERVICE - Continued. Item was referred to the Civil Service
Board recommending that civil Service Rule 502a be amended to
include the information that, based on a PERS letter, Extra
Board employees are not limited by the 1000 hour maximum time
rule but rather by a two-year maximum. PERS has approved
their exclusion from the system removing the 1000 hour
limitation. This item will be presented to the full Council
on June 20; if approved, the ordinance should pass July 18
and implementation will be effected August 20, 1988.
2. UNIT eHANGE POLICE LIEUTENANTS The
recommended acc7P~ance of lieutenants into the
unit after rece1v1ng an opinion from the City
office stating that they could belong to both the
Management unit at the same time. (Attached)
eommittee
Management
Attorney's
POA and the
3. REQUEST TO INeREASE HOURLY WAGES OF REeREATION
DIVISION PART-TIME SALARIES - - PARKS, REeREATION & eOMMUNITY
SERVICES - The eommittee recommended acceptance. This item
will be presented on the June. 6, 1988 eouncil Agenda.
(Attached)
4. MINIMUM WAGE - Item continued. The eommittee was
concerned about the impact and cost of implementing the
m1n1mum wage. The recently passed minimum wage order does
not apply to public employees, but realistically, in job
market competition, it is almost imperative to follow the
private sector in application. The eommittee requested staff
to review and recommend a method of implementing the minimum
wage to cause minimal impact.
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S. DEPARTMENT HEAD EVALUATIONS - Item continued for fur-
ther study.
6. CITY ATTORNEY'S POSITIONS - The Committee continued
this item to a special meeting at 12 noon, May 23, 1988. On
May 23, 1988 the Committee reviewed the City Attorney recom-
mendations for new attorneys. They also reviewed the contract
for the new contract attorney. The Committee accepted all of
the City Attorney's recommendations as a matter of record and
had no objections to the process used by the City Attorney.
(Attached)
7. CCC SUPERVISORY POSITION - This item was presented as
an information item by the Mayor's Executive Assistant. An out-
standing person to fill this vacant position has been recruited
and will be appointed effective June 1. The appointment is
scheduled to be placed on the June 6, 1988 Council Agenda. It
was understood that this position is based on funding from the
State and if funding was not available it would be deleted.
Meeting adjourned.
Respectfully submitted,
ouncilman
Chairman
Personnel Committee
JR:ej
Attch. (3)
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CI
BERNARDINO
300 NORTH "D.. STREET, $AN BERNARDINO. CALIFORNIA 82418
JAMES F, PENMAN
CITY ATTORNEY
(114) 384-6366
Personnel Committee
May 13, 1988
Opinion No. 88-23
10.38 ~-.
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Re: Whether a member of the police force
may belong to both the Police Officers'
Association and to the Management Association
QUESTION
You have asked whether a member of the police force of the rank of
Lieutenant, or above may belong to both the Police Officers'
Association and to the Management Association.
ANALYSIS
The rights of public employees to join employees'organizations is
governed by Government Code Section 3500 et seq. The right of peace
officers is set forth in Government Code Section 3508, which states:
"A governing body of a public agency may . . . limit
or prohibit the right of employees in such positions
or classes of positions to form, join or participate
in employee organizations where it is in the public
interest to do so; however, the governing body may not
prohibit the right of its employees who are full time
peace officers. . .to join or participate in employee
organizations which are comprised solely of such peace
officers...and which are not subordinate to any other
organization.-
It has been held that this Section governs the right of all police
officers regardless of rank. Redondo Beach Police Officers' ~.'n.
v. City of Redondo Beach (1977) 68 Cal.App.3rd 595, 137 Cal.Rptr. 384.
The rights of management and confidential employees are set
Government Code Section 3507.5, which states:
lJlJ:1 Hd 91 AVH C9S1
"In addition to those rules and regulations a public
aJency may adopt ~~j'uHHtOVo'~aaHin the same manner
~"~'
forth in
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Personnel Committee
May 13, 1988
Page 2
as in Section 3507, any such agency may adopt reasonable
rules and regulations providing for designation of the
management and confidential employees of the public agency
and restricting such employees from representing any em-
ployee organization, which represents other employees of
the public agency, on matters within the scope of repre-
sentation. Except as specifically provided otherwise in
this chapter, this section does not otherwise limi~ the
right of employees to be members of and to hold office in
an employee organization."
On their face, it appears there is a conflict between Section 3508
and Section 3507.5, as it applies to police officers. However, case
law resolves this apparent conflict. It has been held that a police
chief, as a management employee of a city, could belong to and hold
office in a Police Officers' Association. Reinbold v. City of
Santa Monica (1976) 63 Cal.App. 433, 133 Cal.Rptr. 874.
CONCLUSION
Under Section 3508, it is clear that the City cannot prohibit a
peace officer, regardless of rank, from being a member of a peace
officers' organization. Under the Reinbold case, and under
Section 3508, it would appear that a management ranking police officer
may also be a member of the management and confidential unit, but he
may not be compelled to be a member of such organization.
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ctfully submitted,
};L
S F. PENMAN
ity Attorney
JFP/CRG:dd
cc: Mayor
City Administrator
City Clerk
Chief of Police
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e I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8805-2724
FROM:
Jim Robbins, Acting eity Administrator . z"
Gordon R. Johnson, Director of Personnel /':J/L,.
Part-time Recreation Salaries - proposed'adj'stment
requested by John Kramer
TO:
SUBJEeT:
DATE:
May 16, 1988
(7442)
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COPIES:
Recreation Superintendent John Kramer submitted a request for
adjustment of part-time recreation salaries to Ray Schweitzer
in a memo dated March 31, 1988. At my request, Roger DeFratis
met with John to discuss that memo. Following that meeting,
John submitted a revised request, dated April 22, 1988, to
Ray which addressed some of our concerns.
On May 10, I met with John and Annie Ramos to discuss their
proposal. Following that meeting, I directed my staff to
conduct a salary survey of six neighboring cities and San
Bernardino County to determine their current and proposed pay
rates and practices for similar positions.
After reviewing all of the materials gathered as a result of
the above meetings and surveys, I recommend that the eouncil
Personnel eommittee endorse John Kramer's proposal and that
the Mayor and Common eouncil adopt the proposed changes
effective July 4, 1988. Please note that John's memo indi-
cates that these recommendations are included in his divi-
sion's proposed 1988-89 budget.
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
:,:C:04-706
~;,~"'..'an.
1918 APt 26 It IJ: SI,
TO:
RAY SCHWEITZER, CITY ADMINISTRATOR
FROM:
JOHN A. KRAMER, RECREATION SUPERINTENDENT
DATE :
Apr i I 22, 1988
(7418 )
:J~
SUBJECT:
PART TIME RECREATION SALARIES
COPIES:
EVLYN WILCOX, MAYOR;ROGER DE
DIRECTOR OF PERSONNEL;ANNIE F.
PARKS, RECREATION AND COMMUNITY
FRATIS, ASSISTANT
RAMOS, DIRECTOR OF
SERVICES
I request that the City Cc,ur,cil Pe,"sc.r,nel C,:ommittee review
and approve t~e recommendation to increase the hourly wages
of the part time ,"ecr-eati.;.n positions. A three tiered step
system is alsc, recommer,.jed t(o allc,w fc,r HI ar,nual merit
increase. This request is based c,n the f(oll(owing
just i f i cat i (ons.
I. EXISTING RATES WILL BE BELOW THE NEW MINIMUM WAGE.
The entry level Recreati(on Aide p(ositi(on wit I be bel(ow the
State minimum wage when it changes (on July I, 1988. In
additi(on t(o the Recreati(on Aide, al I other part time
recreati(on titles sh(ould be adjusted t(o keep the appropriate
differential betweerl pc.sitions.
~. INCREASING SALARIES WILL IMPROVE RECRUITMENT.
This department experiences significant
recruiting adequate qual ified staff. At the
recruitment will be virtually impossible
sector positions wi II have more to offer.
difficulty in
existing rates,
in' that private
3. WAGES FOR PART TIME RECREATION POSITIONS HAVE NOT BEEN
INCREASED SINCE 198e.
Salaries were increased between 12 and 16 percent in 1985.
An informal survey revealed at the time that neighboring
cities were paying an average of 23 percent higher wages. It
is expected that the disparity may be even greater after July
I, 1988.
4. INCREASE IN WAGES WILL IMPROVE MORALE.
Recreation staff frequently work six and seven days a week.
A wage increase wil I make working weekends, holidays and
substitute hours more desireable and consequently improve
morale.
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:NTEROFFICE MEMORANDUM: 8804-706
~ART TIME RECREATION SALARIES
"~ltP i I 22:, 1988
=age 2:
-'.
INCREASED WAGES WILL ATTRACT THE BEST QUALIFIED STAFF.
-he division cannot attract the most desireab!e candidates
lor employment due to the competitive wages in neighboring
cities and the private sector. The increase in wages should
result in appl ications by experienced staff who previously
",orked elsewhere as well as f,.r the city. The investment ir,
time and trainir,g of staff will n,.t be lost to other cities
and the m,.st qualified staff would be availat,le t,. fill
:ritical positjo~s.
~~mm~r~_~~g_8~fQmm!~1~!1~n
-he proposed rates for Recreation positions are recommended
i. s f 0:' I I (tWS:
:URRENT
$3.75
$4.2:5
$4.75
$4.75
$5.50
POSITION
STEP
C
A
E:
Recreati,.r, Aide
Recreation Leader
Senior Recreation Leader
Coach Operator
Recreatior, S~.ecialist
4.68
5.19
5.73
6.34
6.34
4.25
4.70
5.20
5.75
5.75
4.46
4.94
5.46
6.04
6.04
Differentials between positions is
differentials between steps is 5
increase lat B step) is 16 percent.
approximately 10 percent;
percerrt. Total average
I\quatic positions, while not
increases, are proposed for the
step system would be as follows:
recommended for "A" level
step system. Rates for the
$6.50
$5.75
$5.00
Supervising Guard
Senior Lifeguard
Li feguard
6.50
5.75
5.00
7.16
6.34
!5.!51
6.82
6.04
!5.Z!5
AI I rate increases and
proposed to be effective
budget for this division
implementation
July 1, 1988.
reflects these
of a step system are
The proposed 1988/89
recommendations.
for
be
at
uti I ization of a step system wi II provide an incentive
employees and allow for a merit ir,crease. New hires would
started at A step. Step B or C may be used for new hires
the discretion of the Recreation Superintendent if a
candidate can demonstrate he or she wi II be giving up an
existing position at a higher rate. Step increases would be
Implemer,ted if one of the following conditions are met:
1 .
2.
A seasonal part time
A year-round part
service.
employee returns for re-employment.
time employee completes a year in
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INTEROFFICE MEMORANDUM: 8804-706
FART TIME RECREATION SALARIES
~pt-i I ~~, 1';'18:::
~ age 3
:-, order to qualify f.:or a step ir,crease, all emplc.yees will
l;SO have to have a satisfactory work performance evaluatio~
"c.mpleted by a supervisor. T~,is instrument is already ir, use
~"'i the Recreatiof. Divisic1n. The Recreatior. Division will
.ssume responsibi I ity for trac~ing and initiating personnel
act i c.r,s for the step i nc rease.
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e I T C> 0 F SAN B ERN A R C)I
INTEROFFleE MEMORANDUM
8804-1243
N 0
TO:
Jim RObbins, Deputy eity Administrator,
Administration
REC'O..ADMIN. OF,.
ISBJ APR 28 AM * 39
FROM: Evlyn Wilcox, Mayor
SUBJEeT: Minimum Wage Order
DATE:
COPIES:
April 26, 1988
(7422)
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Please find attached information related to the minimum wage
order.
Although it appears that municipalities are not subject to
the order of the Industrial Welfare eommission regarding
minimum wages, I would like to request that this matter be
brought before the Personnel Committee. I personally believe
that if we are to maintain equity in the market place regard-
ing comparable wages, we should implement the higher minimum
wage as recommended by the eommission.
Thank you.
1i!~11-:f7
EW:gb
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
Roger DeFratis, Assistant Director - Personnel
FROM:
James F. Penman, City Attorney
DATE:
March 15, 1988
SUBJECT:
Applicability of the minimum wage
You have asked whether the minimum wage applies to public
agencies.
It was reported in newspaper articles that the California
Industrial Welfare Commission increased the minimum wage from
S3.3S per hour to $4.25 per hour effective July 1, 1988. The
League of California Cities has taken the position that the
IWC order is not applicable to public agencies. The League's
2osition is based on an opinion of the attorney general which
states:
"The (school) commission,is concerned solely with
pubilc employees, i.e., classified employees of the
County Superintendent of Schools. As we shall see,
IWC is concerned solely with employees in the private
sector. Neither agency has any official interest in
or jurisdiction over the problems of the other . . .
The orders of the IWC have never been applied to or
enforced against public employees. On the contrary
order number MW-80 presently in effect expressly
exempts public employees" 87 Ops. At. Gen. 1101 at
p.1327 and 1328.
The current minimum wage order, MW-80 is codified at Title
8 of the California Administrative Code, Section 1lOOO (copy
attached). By its express terms this order does not apply to
public employees. I have checked with the County Law Library and
found that they do not yet have a copy of the new minimum wage
order effective July 1, 1988. I will check with the County Law
Library periodically and attempt to obtain a copy of the new
minimum wage order. However in the meanwhile, we will assume
that only the amount of the minimum wage, and not the applicabi-
lity to public employees has changed.
1
rage 2
Roger DeFratis
03/15/88
SUBJECT:
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Applicability of the minimum wage
The Industrial Welfare Commissions minimum wage orders is
~ot applicable to public employees.
James F. Penman,
City Attorney
JFP/CRG/dys
Attachment: IWC Order MW-80
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AGREEMENT FOR ATTORNEY SERVICES
THIS AGREEMENT, made and entered into this ____ day of
, 1988, by and between the City of San
Bernardino, a charter city and municipal corporation (WeityW),
and LOREN McQUEEN (WAttorneyW).
WITNESSETH:
WHEREAS, City has need on an interim basis for full-time
attorney services beyond the amount allocated in the City
Attorney's office; and
WHEREAS, Attorney asserts that she is specially trained,
experienced and competent to perform such services.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I. City hereby employs Attorney to provide full-time
legal assistance in the City Attorney's office with respect to
matters assigned by the City Attorney under the supervision of
the City Attorney or his designee.
2. City shall compensate Attorney for services rendered,
as follows:
(a) Monthly ComDnesation. For each month of
service (paid every two weeks with the
City payroll), Attorney shall be
compensated in the gross amount of
$4,570.00. Such amount shall be
subject to standard withholding and other
deductions in like manner 'as a full-time
City employees in the City Attorney's
office. Such amount shall be subject
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to adjustments in the same amount
or percentage and at the same time that
City adjusts compensation for Deputy
City Attorneys IV.
(bl Benefits. Attorney shall be entitled to
the same benefits including but not
limited to vacation, sick leave,
health insurance, etc., as are provided
by City to Deputy City Attorneys IV.
(cl SUD90rt Services. City shall provide
Attorney with office space, telephone,
adequate office furniture, secretarial
support and other related services which
would normally be provided to a Deputy
City Attorney.
3. The parties understand and agree that Attorney was
previously an employee of the City and, although shall be on
contract status for the time period of this Agreement, shall
continue to accrue vacation, sick leave, seniority and other
accoutrements of employee status as if Attorney was an
employee. However, Attorney shall not obtain or maintain a
vested right to continued employment. Should, however, at the
termination of this Agreement or any extension thereof Attorney
be reinstated to employee status, the time period during which
Attorney served under this contract shall be counted as time in
employment with the City.
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4. This Agreement shall commence on June 7, 1988, and
shall terminate on June 6, 1989. However, prior to such
automatic termination, either the Attorney or the City Attorney
may terminate this Agreement for any reason upon thirty (30)
days' written notice to the other.
s. Any notice to be given pursuant to this Agreement
shall be deposited with the United States Postal Service,
postage prepaid, and addressed as follows:
Qfi
ATTORNEY
City Attorney
300 North D Street
San Bernardino, CA 92418
Loren McQueen
19050 Colima '131
Rowland Heights, CA 91748
Nothing in this paragraph shall be construed to prevent
the giving of such notice by personal service.
6. This document contains the entire Agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and date first above shown.
CITY OF SAN BERNARDINO
ATTEST:
By
Evlyn Wilcox, Mayor
By
City Clerk
ATTORNEY
By
Loren McQueen
Approved as to form
and legal content:
City Attorney
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