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HomeMy WebLinkAbout1994-11-28 CRC MINS MINUTES OF A REGULAR MEETING OF THE `. CHARTER REVIEW COMMITTEE NOVEMBER-., 28, 1994 November 28, 1994 Council Conference Room4 : 30 p.m. ----------------------------------------------------------------- MEMBERS PRESENT: Bob Campbell, Sharon Reid, Jack Blakely, Rosie Bystrak and Deric Prescott MEMBERS ABSENT: Janet Lawry (excused) and Linda Brown (unexcused) STAFF PRESENT: City Attorney Bruce Boogaard, Director' of Personnel Candy Boshell ' : OTHERS PRESENT: Board of Ethics Member Susan Herney The meeting was 'called to order by Chairperson Campbell at .4:40 P.M. The roll was called and all members were present except Member Lawry, who was excused due to her father's illness, and Member Brown who was unexcused. MSUC (Prescott/Blakely) to approve the minutes of the November. 7 , 1994 regular meeting. Chairman Campbell introduced Candy Boshell who was requested to attend the meeting and provide the Commission with 'a definition regarding classified v. unclassified employees. Ms. Boshell explained that the majority of employees are classified thereby protected by the Civil Service Rules, subjectto the merit principle and afforded rights of appeal. Unclassified employees serve at the pleasure of the appointing authority, hence the term, "at will" . The number of unclassified employees is limited and include executive level positions, higher level mid-management positions and a very few secretarial positions. She commented she never fully understood why secretarial positions are unclassified because they , do not have the level of authority that other unclassified positions have. Member Blakely questioned the Charter 'lumping together the departments of the City' Manager, City Attorney; City Clerk and Mayor/City Council and their unclassified secretaries into one statement and whether or 'not they can be combined into one blanket statement. Bob Campbell explained that the Mayor wants the right to hire and fire both secretaries, but he did not see it as a problem.. He felt that was not good governmental organization and that the second �\ secretarial position should be classified. Ms. Boshell pointed out there are mechanisms to . terminate an employee by documenting Charter Review Commission Minutes November 28, 1994 . Page 2 employee performance deficiencies and, . therefore, keeping the protection of the Civil Service system intact. Member Prescott mentioned in the school district, a secretary to an Associate Principal deals with sensitive material, and felt there was a similarity between that position and, City staff, and could understand the Charter designating , secretaries as unclassified because of accountability. y Sharon Reid suggested we might want to simplify the language in the Charter by stating "All staff in the Mayor and Council office shall be in the Unclassified Service. " Attorney Boogaard stated the reasons to have Civil Service are to prevent political favoritism and allow the lower level of. staff to keep government going. Director of Personnel brought up an equity, factor in having the second secretarial position be unclassified. Recruitment would be more difficult when said position is being paid the same amount of money as. other secretaries who have the protection of Civil Service and the hiree may choose. to transfer to another department at the . . same rate of pay to have more continuity of employment. Bob Campbell pointed out that Mayor Nader was the only one .to. make the request--it was not from the entire Council and he would like to talk to Mayor-elect Horton to apprise her and defer any final , decision until a later meeting. He felt there was no rush because the position is currently a classified filled position. Representative from Board of Ethics: Bob Campbell introduced Susan Herney of the Board of Ethics who was present at today's meeting to - discuss Mayor Nader's proposal on voluntary campaign expenditures which . was presented to. both commissions. Member Blakely questioned why a Charter amendment was necessary and Attorney Boogaard explained it was so the Board of Ethics could set the dollar limit and it would be given voter sanction. The City's ordinance allows contributions only from individuals, but the state law allows corporate contributions. Member Blakely thought the solution might be to change the City law to match state law although Attorney Boogaard pointed out the problem of giant loopholes when corporate money gets into city elections., especially at the .last minute. Charter Review Commission Minutes f November 28, 1994 Page 3 Discussion ensued among the members regarding the huge monitoring burden involved with possible violations of the proposed ordinance; constitutional guarantees of freedom of speech to contact voters; more stringent reporting duties by IEC's and large corporate expenditures at the last minute. MS (Blakely/Reid) to send Tim Nader's proposal back to the City Council to look at regulation of campaigns and to make changes in the form of an ordinance if the Council feels it is necessary. Motion passed 4-1 (Campbell voting "no") . - Chairman Campbell had hoped it would be possible to work with the Board of Ethics on the proposal and to make inquiries through Mayor-elect Horton to find out how aware the rest of the Council is. Jack Blakely stated if . Council desired, they could send- it back to the Charter Review .Commission to work with the Board of Ethics. Chairman -Campbell was requested to draft .a letter to the Council setting forth the Commission's motion. The Commission decided to have theirnext meeting on Monday, December 19, 1994 at 4:.30 p.m. The meeting adjourned at 6: 15 p.m. Lorraine Kraker, Secretary C:\crc\minute\11-H-94.min 5