HomeMy WebLinkAboutAgenda Statement 1976/12/21 Item 13 ��= 13
C1TY OF CHULA VISTA ITEM N0. 1 -21-76
� COUNCIL AGENDA STATEMENT �����
FOR MEETING OF:
ITEMTITLE� Ordinance 1719 - Establishing the classifications of Assistant Fire Chief,
Assistant Director of Public Works, Assistant Director of Planning and
Assistant to the City Manager in the Unclassified Service - First reading
City Manager S�CC;�� r��'�ul� 'a /�.i�� �a��'TION
SUBMITTED BY� ���
lTEM EXPLANATION•
The City Charter was amended in May, 1975, to permit the City Council , by ordinance,
to add other management level employees to the Unclassified Service of the City.
It had been generall�� agreed that tf�e Assistant Fire Chief, Assistant Director of
Public GJorks, and Assistant Director of Planning should join tia ranEarlierhaction
Unclassified Service due to the unique management rales they p Y.
by the City Council in adopting Ordinance ��o. 1636 on August 19, 1975, placed the
Deputy City Clerk in the Unclassified Service.
��le believe it is now appropriate to designate the positions of Assistant Fire Chief,
Assistant Director of Public Works, Assistant Director of Planning and Assistant to
the City Manager as Unclassi��bd reasoneof�theecloserprofess�onallrela�tionshhn that
Assistant to the City Manage y
must exist between thatt�edrelataonshaptbetween theaCity ManagerrandhDepa�tmentn
fills a unique role �n
Heads in the preparation of management reports.
L�lhile there may be some concern ov�ne gsao inionrindicatesCthislwoul�dsbetthe�most
incumbents, the attached City Atto y P
pru�!ent course of action. This should pos� vacan�besmoccurhe Allecurrenthhopdep�sof
is to increase flexibility in hir�ng shoul
the cited positions are performing well and disciplinary actions have neither been
taken nor contemplated. EXHIBITS ATTACHED
Agreement Resolution Ordinance
X p�Qt Other X
Environmental Document: Attached Subrnitted on
STAFF RECOMMENDATION:
Pass to second reading
BOARD/COMMISSION RECOMMENDATION�
COUNCIL ACTION�
Placed on first reading , December 14 , 1976 .
Ca�-�*�C .
Form A-113 (Rev.5-75
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City o� Ctiu.�a �1Jista
CALIFORNIA
OFFICE OF THE
CITY ATTORNEY
DATE: December 6 , 1976
The Honorable DZayor and City Council of the
TO:' Lane F. Cole, City Manager
City of Chula Vista,
FROM: George D. Lindberg, City Attorney
SUBJECT: Unclassified Positions
In response to the City ?�danager' s memo of Monday, December 6 ,
1976 , the City Attorney' s office proCeeded unsuCCessful.ly to
research the question of whether or not those empl.oyees desig-
nated in the proposed ordinance unclassifying their positions
had any vested rights either underrandfathereduin�in�thes
empl.oyment contract rights to be g
changing of the positions trom classified to unclassified
as was done in the proposed ordinanCe.
The matter was discussed at some length with r'�r.Who°hasabeen
Chief Deputy Attorney in the City of 5an Diego,
handling personnel matters for some time. Mr. Katz indicated
that although he had never found any case in point, that he
concurred with this office that t� be on the conservative side,
he would use the same approach as indicated in the ordinancea�ent
offered previously for adoption. It seems more and more app
that the courts are hold�ust�be�recognizedethatstherordinanceed
rights in tenure and it
would techniCally end minatinurthosetpositponsein thetclassified
nated positions by ter g
service and transferring them to the unclassified service.
It does not appear likely that any ot our employees would attempt
to have the matter r�raleeandyeff iciency�problemsWiflsuchraacourse
�reate unfortunate mo
of aCtion were pursued, which could be clearly avoided by the
ared. Therefore, it would be my recommendation
ordinance as prep the ordinance as prepared.
that Council consider adopting
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Y��K LeJ�i°J:�l�. litil��.ldil�lii�i�i. i:ai�vL�:
276 Fourth Avenue, Chula Vista, CA 92010 (714) 427-3300