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HomeMy WebLinkAbout26- Administrator l ~ 1,.... 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 ~ i 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 PRIDE j 1 IN -AO"-. ._.:...~..,~ .... ~r- ..... .. ',_.#..... ;.~~711' 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 mtb Attachments (6) - u Cl o o o a: o I- o w a: - o - ", r:1 o I ~ I . I ~ I OJ a: W ZW <(~ ..J(!) a..z W r.~ I~~ a..J ~ o....,J o . z W (!) ATTACHMENT NO. 1 - .0 0 ~j u. Z W W 0 g~ 0 - - -,:I rffi I~~ -,:I r:;:J ~~ a:o....,J ~.J - .... Q.I c: c: o In s.. Q.I 0.. 0'1 c: 'r- ~ In .... X Q.I .s:: ~ (!) z - z - ~ <( X W en z <( -I a. .... 3 "'0 Q.I -In -0 ,.... Co Q.l0 c:s... c: c.. 0- In s... Q.I . CoQ.l S 0'1.... C:~ .... ~In In.... .... .s:: X~ Q.I ~ 5'" .... "'0 3Q.1 N -,:I .... Q.ls.. ....0 ,.... .s:: .... ~ I+-:::J ", Q.I .os.. o o I- "'0 - Q.I ~ ", .CJ c:s.. .0 u -,:I .... Q.I~~ ....",0 ....Nc: .... .,.. I+- s.. ~ o :::J ~:5.o C::::J .. ",~ ~ Q.I :::J I+- en .00-,:1 -,:I1n~ Q.l1n NQ.lC: 'S: g.... Q.I o s.. ~ s.. .s:: Co Q.I :::J ~ c: ~ :::JC:O:::J ~-:lE:u.. en z o - t- O w a. en z - o -I W - LL .............-..--............ ",.0 W "'0 ---- 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 ~ 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. 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N III OJ +-I n:J U 'r- "0 I: .... .~ It- ~ o +J-C 0+-1 C::l lG +J :Sl+- .00 "01/) CUI/) N (1) "0 'CgCl .~ o ~ s. ~..) .c ~::J 0 +J +-!.') :SC- <-U-. 'r- (1) C 'r- ,... OJ ........................ .~~ lG.oU 0 --.......................... .. ~ 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 <;) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 I , I I i I Section Four, Subsection I ~ 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 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .~ 3 4 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: