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HomeMy WebLinkAbout2006/12/05 Item 12 COUNCIL AGENDA STATEMENT Item # /2. Meeting Date: 12/05/06 ITEM TITLE: Consideration of proposals related to staffmg in the Department of Mayor and Council and consideration of amendments to the Chula Vista Municipal Code related to the appointing authority for positions established in the Department of Mayor and Council A. An ordinance of the City ofChula Vista amending Municipal Code section 2.05.010 to add the positions of Legislative Assistant I, Legislative Assistant II, and Legislative Assistant III in the Department of Mayor and Council and the already established position of Council Assistant to the list of approved unclassified positions in the City (4/5ths vote required) B. An ordinance of the City ofChula Vista repealing ordinance number 3042, designating the appointing authority for the position of Intergovernmental Affairs Coordinator as the Mayor and Council collectively C. A resolution of the City Council of the City ofChula Vista (1) eliminating the positions of Intergovernmental Affairs Coordinator, Constituent Services Manager, and CoastallEnviromnental Policy Consultant from the authorized positions in the Department of Mayor and Council's fiscal year 2007 budget; (2) authorizing one Legislative Assistant III position and two Legislative Assistant II positions within the Department of Mayor and Council's existing fiscal year 2007 budget; and (3) establishing the compensation for the Legislative Assistant I, Legislative Assistant II, and Legislative Assistant III positions D. An ordinance of the City ofChula Vista amending Municipal Code Section 2.03.020 to designate the appointing authority for Council Assistants, Senior Council Assistants, and other positions in the Department of Mayor and Council 0. 1'f\ ' SUBMITTED BY: City Attorney and Mayor-elect SUMMARY: These proposed Council actions involve staffmg issues in the Department of Mayor and Council. Items A through C are related to a proposal by Mayor-elect Cheryl Cox to redesign three positions in the Department, by designating these positions as Legislative Assistants I, II, and III, 12-1 Item #: _I '} Meeting Date: 12-05-06 to serve at the will of the Mayor. These positions will have broader class specifications than the current positions to allow greater flexibility in staffing the Department to better meet the needs of the City. It is proposed that these positions will replace the positions of Intergovernmental Affairs Coordinator, Constituent Services Manager, and CoastaVEnvironmental Policy Consultant in the current fiscal year 2007 budget. There will be no new appropriations required because the newly created positions will be funded through the cost savings in the elimination of the above-mentioned positions. : Item D is an ordinance to clarify that the Mayor is the appointing authority for positions established in the Department of Mayor and Council unless otherwise provided by City Charter or designated by the Council. Appointing authority is the power to appoint and to remove from office. Since the creation of the Department in 1994, the Mayor has served as. Department Head with appointing authority for those positions created in the Department through the legislative process; however, the Municipal Code should be amended to clearly state this practice. In addition, pursuant to the Municipal Code, the legislative positions are currently tied to the tenure of the Mayor, meaning that the appointment expires with a new Mayor's term. The intent of this language was to give a new Mayor the opportunity to appoint new staff members to serve the Mayor; however, the Council Assistants who serve other Councilmembers are included. This language should be amended to conform to the practice that the Council Assistants are term- limited to correspond with the tenure of the Councilmembers they serve, not the Mayor. Further, it has been the practice in the Department that the Mayor has delegated appointing authority for the Council Assistants to the individual Councilmembers served by the Assistant. It is the City Attorney's recommendation that this practice be set forth in the Municipal Code. RECOMMENDATION: Mayor-elect Cox recommends that Council place the ordinances in Items A and B on first reading and adopt the resolution in Item C; and the City Attorney recommends that the Council place the ordinance in Item D on first reading. DISCUSSION: Following the election of Mayor-elect Cheryl Cox, questions arose related to the positions in the Department of Mayor and Council. The Department was created by Council action in 1994. The structure and operation of the Department is set forth in Chula Vista Municipal Code, Chapter 2.03, sections 2.03.010 through 2.03.030. The Department is currently composed of the elected Councilmembers and the Mayor; the private, executive secretary to the Mayor and Council; and staff members whose positions were created through the legislative process. As currently set forth, the legislative positions are unclassified. With the exception of clerical staff, the legislative positions are term-limited to correspond to the tenure of the Mayor. Non-Charter mandated clerical staff members in the Department are unclassified and serve at the Mayor's will, but their appointment does not automatically expire with a new Mayor. The legislative positions in the Department include staff members who work directly with the Mayor as well as staff members who work at the direction of individual Councilmembers. A memorandum of law prepared by the City Attorney is 12-2 Item #: \ 'L- Meeting Date: 12-05-06 attached as Exhibit A, and provides additional information on the legislative history of the Department and its legal framework. Council Items A through D are related to staffmg issues in the Department. Council Items A through C are the means to implement the Mayor-elect's proposal to build greater flexibility into positions serving the Department of Mayor and Council, by reclassifying three positions within the Department as Legislative Assistant I, II, and III, with broad class specifications to better serve the Department's role in policy setting, constituent relations, inter-agency relations, and intra-agency/policy implementation. See Municipal Code S 2.03.010. Council Item D is intended to clarify Council's intent and practice regarding appointment and tenure of staff members, specifically those staff members who work directly with individual Councilmembers or with the Mayor. Items A through C: Mayor-elect's Proposal Mayor-elect Cheryl Cox is proposing the elimination of the positions of Intergovernmental Affairs Coordinator, Constituent Services Manager, and Coastal!Environmental Policy Consultant in the fiscal year 2007 budget for the Department of Mayor and Council. In their place, the Mayor-elect is proposing the establishment of three positions, Legislative Assistant I, II, and III, which will have broader class specifications to better serve the needs of the Department and the City. The positions will be at-will, unclassified middle management positions, with the Mayor as the designated appointing authority. Class specifications for the positions are attached for reference as Exhibit B. The three positions will provide greater flexibility in funding as the salary range from an entry-level Legislative Assistant I to an advanced journey-level Legislative Assistant III is broad. The Mayor-elect is proposing funding the new positions through the savings provided by the elimination of the above-listed positions from the current budget. The current budget has sufficient funds for the Council to authorize one Legislative Assistant III, and two Legislative Assistant II positions. The Council must establish all three positions of Legislative Assistant I, II, and III, including the compensation for the positions, in the unclassified service (see Charter SS 500, 501), and authorize the number of positions to be included in the Department's current budget (see Charter S SOl). Item A is an ordinance to establish the proposed unclassified, middle management positions of Legislative Assistant I, II, and III in the Department. Pursuant to the authority of Charter section 500(a), the Council may by ordinance place management positions in the unclassified service by a four-fifths vote. Item A also amends Municipal Code section 2.05.010 to set forth the new Legislative Assistant I, II, and III positions and the already established Council Assistant position in the list of approved unclassified positions. The Senior Council Assistant position is already set forth in Municipal Code section 2.05.010. Item B is a clean-up ordinance related to the elimination of the position ofIntergovernmental Affairs Coordinator from the current budget in the Department. The budgeted funds for this position will be used to fund a Legislative Assistant position under the Mayor-elect's proposal. 12-3 Item#: ITL Meeting Date: 12-05-06 Item C is a resolution to authorize the Legislative Assistant positions in the current Department budget. There is sufficient funding for the Mayor to appoint one person to be a Legislative Assistant ill and two people to be a Legislative Assistant II. This resolution also establishes the compensation for all of three Legislative Assistant positions. Item D: City Attorney's Recommendation Presently, under the Municipal Code, all staff members serving in legislative positions in the Department, with the exception of clerical staff, are tied to the tenure of the Mayor. The appointment of these staff members expires automatically when a new Mayor takes office. The City Attorney is recommending an amendment to Municipal Code section 2.03.020 to clarify that the Mayor is to serve as Department Head and appointing authority for all legislative positions in the Department, except where designated otherwise by Council. This amendment provides for individual Councilmembers to have appointing authority for their individual Council Assistants. This amendment further provides that individual Council Assistants will be term-limited to the tenure of the Councilmembers who appoint them. A strikeout version of the proposed ordinance is attached to this Agenda Statement as Exhibit C for review of the proposed changes. DECISION MAKER CONFLICT: Not Applicable. The decisions contemplated by these four actions are not site specific. Consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT: No additional appropriations are required as a result of the proposed staffmg changes. Approval of this action would result in ongoing savings of approximately $6,000 on an annual basis because the previously approved compensation of the eliminated positions in the Department was higher than the compensation proposed for the three Legislative Assistant positions. 12-4 ~Vt- ~ ~~~~ ~-'t..~ CllY OF CHUlA VlSfA OFFICE OFTHE CITY ATTORNEY MEMORANDUM OF LAW DATE: November 21,2006 TO: Jim Thomson, Interim City Manager C\ y{\' Ann Moore, City Attorney Joan F. Dawson, Deputy City Attorney 9# Department of Mayor and Council VIA: FROM: SUBJECT: QUESTIONS PRESENTED AND SHORT ANSWERS You have asked the City Attorney for a response to three questions regarding positions within the City of Chula Vista's Department of Mayor and Council [Department]. The questions and short answers are as follows: 1) Which positions in the Department are at-will unclassified positions? All positions within the Department are at-will unclassified positions. 2) Which positions in the Department are term-limited to correspond to the tenure of the Mayor? The Department is composed of the elected Mayor and Councilmembers, the private secretary to the Mayor and Council that is permitted by Charter, any additional Charter positions assigned to the Mayor and Council ["Charter positions," for reference in this memorandum], and positions added to the Department pursuant to Chula Vista Municipal Code section 2.03.020 ["legislative positions," for reference in this memorandum]. The legislative positions are term- limited to correspond to the tenure of the Mayor, except for clerical positions ,and positions designated otherwise by Council action. EXHIBIT A 276 FOURTH AVENUE' CHULA VISTA' CAlIF~miA 91910' (619) 691-6037' FAX (619) 409-6823 i9 fOoSI.conSU!MtFlecvcIadPap.r Jim Thomson, Interim City Manager November 21, 2006 Page 2 3) Who has appointing authority for the positions, the Mayor or the entire City Council? The only Charter position in the Department other than the elected officials is the private, executive secretary to the Mayor and Council. The appointing authority for the private secretary is the Mayor and Council as a body. See Charter S 500(a). The private secretary may be removed from office by a majority vote of the members of the Council. See Charter S 500(b). The Municipal Code does not specifically set forth the appointing authority for the legislative positions in the Department. However, Municipal Code section 2.03.020 ties the legislative positions to the tenure of the Mayor, except for clerical positions and those designated otherwise by Council action. Based on a review of the legislative history regarding the adoption of Municipal Code section 2.03.020, it is the City Attorney's opinion that the Mayor is the intended department head with appointing authority. See Charter S 507. It is the City Attorney's recommendation that Municipal Code section 2.03.020 be amended to clearly set forth the Council's intent in designating the appointing authority for legislative positions in the Department, not inconsistent with the Charter. BACKGROUND The Department was created by ordinance in 1994. Its stated responsibility is "policy setting and constituent relations, inter-agency relations, and intra-agency/policy implementation, but which shall not involve any administrative services." CYMC S 2.030.010. The Department is composed of the elected mayor and elected councilrnembers, the private secretary to the mayor and council permitted by Charter, any additional Charter positions assigned to either the mayor and council, and "any positions assigned to the department of mayor and council by such means commonly recognized for assignment of personnel, such as by the budgetary process." CVMC S 2.030.020. The positions assigned to the Department through the legislative process, with the exception of clerical positions and positions designated otherwise by Council action, are unclassified, management positions that are term-limited to correspond to the tenure of the Mayor. Id. Prior to the creation of the Department, the City Manager was responsible for hiring Council staff. In a memo prepared for Council by former City Attorney Bruce Boogaard on September 15, 1991, he concluded that the Council could appoint staff (in addition to the City Manager, City Attorney, City Clerk, and Secretary to the Mayor and Council) if the Council made the Office of Mayor and Council a department. He contemplated that the staff would be "appointed and terminated by a three-fifths vote of the Council and would be supervised by the Mayor." See Council Agenda Statement, September 17, 1991, Item 14, p. 4. When the idea for a Department was first introduced in 1991, the Council rejected it and maintained appointing authority for Council aides with the City Manager. In 1994, the proposal regarding creation of the Department was raised again when the Council asked the City EXHIBIT A CITY O~ tRBLA VISTA Jim Thomson, Interim City Manager November 21,2006 Page 3 Attorney's Office for an opinion as to whether the Council had authority to hire and fIre department staff. See Council Agenda Statement, December 13, 1994, Item 6, p. 1. It was the City Attorney's opinion that the creation of the Department was n'ecessary to provide appointing authority for non-Charter mandated positions. In 1994, the Council approved the creation of the Department by amending the Municipal Code to add Chapter 2.03. See Ordinance 2619. The appointing authority was not specifIcally set forth in the ordinance. However, the legislative positions were tied to the tenure of the Mayor to give a new Mayor the ability to appoint the staff in the Department. In the Council Agenda Statement dated December 13, 1994, provided with the ordinance, former City Attorney Boogaard stated that the creation of the Department gave the Mayor the status of "Department Head" and afforded him or her the ability to hire and fIre departmental subordinates. The ordinance enacted in 1994 provides that positions assigned to the Department through the legislative process are unclassified, management positions that are "term limited to correspond to the tenure of the Mayor, as the Council shall determine in establishing the position." CVMC ~ 2.03.020. In the same legislative act, the Council, by ordinance, added the position of Assistant to the Mayor and Council to the unclassified positions. The job specification for the Assistant position stated, "Upon the Mayor's loss of office for any reason, entitlement to the position expires automatically without further notice." Spec-12.94, Assistant to the Mayor and Council (UnclassifiedlLimited Term). The Minutes from the December 6, 1994 Council meeting summarized the legislative action as follows: ORDINANCE 2619: In order that the Mayor have hiring and termination authority, creation of the Department of Mayor and Council is necessary. The position of Assistant to the Mayor and City Council was created as an "At Will" position to serve at the pleasure of the Mayor and City Council. It is important that the position be Unclassified because the Mayor, who supervises the incumbent, serves a finite term and as turnover occurs, he/she should have the ability to appoint an Assistant who possesses the knowledge, skills and abilities judged necessary by that Mayor. Council Minutes, December 6, 1994. As noted above, there are two categories of officers and employees in the Department of Mayor and Council: 1) those established by City Charter [Charter positions] and 2) those established pursuant to the provisions of Municipal Code section 2.03.020 [legislative positions]. Currently, the Charter positions in the Department are the elected Mayor and Councilmembers, and the private, executive secretary to the Mayor and Council. The legislative positions are set forth in Chula Vista Municipal Code section 2.05.010, and are discussed more fully below. CITY O~ eFiJLA VISTA EXHIBIT A Jim Thomson, Interim City Manager November 21, 2006 Page 4 DISCUSSION 1) Which positions in the Department are at-will unclassified positions? All positions within the Department are at-will and unclassified. The Charter positions in the Department are the elected Mayor and Councilmembers, and the private, executive secretary to the Mayor and Council. The executive secretary is a position established by Charter section 500(a). The executive secretary is in the unclassified service and is appointed by the Mayor and Council and serves at their will. The executive secretary may be removed from office by a majority vote of the members of the Council. See Charter sec. 500(b). The other positions in the Department are legislative positions, and all are at-will and unclassified pursuant to the provisions of Municipal Code sections 2.03.020 and 2.05.010. They are the Chief of Staff; Intergovernmental Affairs Coordinator (currently serving at the will of the Mayor and Council by legislative act); CoastallEnvironmental Policy Consultant; Constituent Services Manager; Senior Council Assistant; Council Assistants (hourly positions); and Office Specialist (clerical position). 2) Which positions in the Department are term-limited to correspond to the tenure of the Mayor? Pursuant to the provisions of Municipal Code section 2.03.020, all legislative positions in the Department are term-limited to correspond to the tenure of the Mayor, except for clerical positions and positions designated otherwise by the Council through the legislative process. The language of section 2.03.020 is as follows: The Department of Mayor and Council shall have assigned to it the elected Mayor and elected Councilmembers, the private secretary to the Mayor and Council that is permitted by Charter, any additional Charter positions assigned to either the Mayor or Mayor and Council and any positions assigned to the Department of Mayor and Council by such means commonly recognized for assignment of personnel, such as by the budgetary process. Positions so assigned to the Department of Mayor and Council should, except for clerical positions, be considered new Mid-Management positions and given an unclassified status and be term-limited to correspond to the tenure of the Mayor, as the Council shall determine in establishing the position. The Office Specialist is a clerical position and is exempted out from being term-limited with the Mayor. By ordinance approved on September 26, 2006, the Council designated the appointing authority for the Intergovernmental Affairs Coordinator to be the Mayor and Council. The Intergovernmental Affairs Coordinator is subject to removal by a majority vote of the members of the Council. See Charter S 500(b). The Council has, by resolution, determined that CITY O~ tH~LA VISTA EXHIBIT A Jim Thomson, Interim City Manager November 21, 2006 Page 5 the Council Assistants work at the direction of the assigned Councilmembers; however, appointing authority has not been granted to the individual Councilmembers by legislation. See Resolution No. 2003-382. In practice, the Mayor has delegated appointing authority to the individual Councilmembers to select their Council Assistants. It is the City Attorney's recommendation that Council adopt legislation not inconsistent with the Charter to clearly set forth the appointing authority for the Council Assistants. The remaining legislative positions, Chief of Staff, Constituent Services Manager, and CoastallEnvironmental Policy Consultant, are tied to the tenure of the Mayor. Upon the Mayor's loss of office, the incumbent's entitlement to the position expires automatically. 3) Who has appointing authority for the positions in the Department, the Mayor or the entire City Council? . Charter section 201 vests all powers of the City, except as otherwise provided by Charter, in the City Council as a body. As noted above, the appointing authority for the position of private, executive secretary to the Mayor and Council is set forth in the Charter. The secretary is appointed by and serves the Council as a body. Charter ~ 500. The executive secretary may be removed by a majority vote of the members of the Council. Charter ~ 500(b). The other positions currently in the Department fall into the category of legislative positions in that they were assigned to the Department by such means commonly recognized for assignment of personnel, such as by the budgetary process. CVMC ~ 2.03.020. Municipal Code section 2.03.020 provides that the legislative positions in the Department are "term-limited to correspond to the tenure of the mayor, as the council shall determine in establishing the position." It is the City Attorney's opinion that, by approving this language, the Council intended to delegate appointing authority to the Mayor for the legislative positions, except for those positions designated otherwise by Council. As the chief executive of the City, the City Manager is vested with appointing authority for administrative positions. Charter ~ 400. The Charter grants the City Council limited appointing authority for designated officers and employees. Charter ~ 500(a). The City's department heads hold appointing authority for their respective departments: Each department and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for their department or office, subject to the civil service provisions, or as provided by ordinance of the Council as authorized by section 500(a) of this Charter, and subject to prior approval of the City Manager. Charter ~ 507. The Charter provides that the Mayor "shall have the power and duty. . . to supervise the operation of the mayor/council office and personnel assigned thereto." Charter ~ 304(b)(6). The Mayor may also "perform such other duties consistent with the EXHIBIT A CITY O~ ti=i8LA VISTA Jim Thomson, Interim City Manager November 21,2006 Page 6 office as may be prescribed by this Charter or delegated to the Mayor or imposed on the Mayor by the City Council if not inconsistent with the provisions of this Charter." Charter S 304(b )(7). " As a general principle within a municipal corporation, where no officer or person is expressly authorized to exercise the power of appointments, the common council of the municipality is the only authority that can exercise it. Ex parte Stone, 48 Cal. App. 463 (1920). Charter section 201 provides, "All powers of the City, except as otherwise provided in this Charter, shall be vested in the City Council." Generally, the elements of executive authority include the power of appointment, removal, supervision, and management. CaliforniaAssn. of Retail Tobacconists v. State afCalifornia, 109 Cal. App. 4th 792 (2003). The power to remove someone from a position, in the absence of statutory or constitutional provisions to the contrary, is incident to or inherent in the power to appoint to the position. Burnap v. United States, 252 U.S. 512, 515 (1920); Myers v. United States, 272 U.S. 52, 172 (1926); Parsons v. County of Los Angeles, 37 Cal. App. 2d 666, 672 (1 940)("where no restrictive provisions, the power of appointment carries with it the power of removal"). While there is no express language in the Municipal Code setting forth that the Mayor is the appointing authority for the Department, the legislative positions are tied to the tenure of the Mayor, except where designated otherwise by Council. By linking the positions to the Mayor, it is the City Attorney's opinion that the Mayor is the intended appointing authority. CVMC S 2.030.020. See also Sponogle v. Curnow, 136 Cal. 580, 582 (1902). A review of the legislative record confirms that intent. The Council can maintain appointing authority when establishing positions, as provided by Municipal Code section 2.03.020. By Council action on September 26, 2006, the appointing authority for .the Intergovemmental Affairs Coordinator was designated as the Mayor and Council. Although the legislative record sets forth Council's intent to delegate appointing authority to the Mayor as Department Head, it is the City Attorney's recommendation that the Council amend Municipal Code section 2.030.020, consistent with the relevant Charter provisions, to clarify the appointing authority for all legislative positions in the Department. EXHIBIT A CITY 01=~-H1R.A VISTA CITY OF CHULA VISTA LEGISLATIVE ASSISTANT I DEFINITION To perform entry-level professional, technical, and analytical duties related to the Mayor's Office; to assist the Mayor and Council in researching, analyzing, and interpreting the policy implications and impacts of legislation on the City; act as a :constituent liaison and perform administrative work involving research, problem and dispute resolution, program and project management and preparation of reports and recommendations for the Mayor; plan, coordinate and implement programs and events; coordinate assigned activities with other departments, outside agencies, and the general public. DISTINGUISHING CHARACTERISTICS This is an unclassified, at-will, middle management level classification established in the Department of the Mayor and Council. It is subject to the authority and limitations set forth in the City Charter and the Municipal Code. This position works as a liaison between the Mayor and Council. This position also works as a liaison between the Mayor and Council and the City Manager, formulating policy decisions related to legislation that may affect the City. This position is limited to policy work, and is precluded from influencing, interfering with or performing the administrative or executive functions of the City Manager. As the entry-level class in the Legislative Analyst series, the Legislative Analyst I class is distinguished from the II level by the performance ofless than the full range of duties assigned to the II level. Incumbent works under immediate supervision while learning job tasks, progressing to general supervision as procedures and processes of assigned area of responsibility are learned. SUPERVISION RECEIVED AND EXERCISED Receives immediate supervision from the Mayor or Chief of Staff. ESSENTIAL FUNCTIONS - Functions may include, but are not limited to, the following: Plan, coordinate, and perform functions related to the activities of the Department of the Mayor and Council; provide the Mayor and department heads with timely information, analyses, technical assistance, and recommendations regarding various legislative issues that might impact the City. Provide the Mayor and Council, Legislative Committee, and City Manager's Office with timely information, analyses, and recommendations regarding legislative issues that might impact the City. EXHIBIT B 12-11 CITY OF CHULA VISTA Legislative Assistant I Page 2 Develop, in coordination with the Legislative Committee and the City Manager or his/her designee, an annual legislative program for the City. Plan, schedule, and prepare quarterly and year-end legislative reports for the Mayor and Council, Legislative Committee, and City Manager's Office. Monitor, analyze, and interpret pending and proposed federal, state, and local legislation, assess its impacts, and prepare recommendations for the Legislative Committee and the City Manager or his/her designee for effective courses of action; coordinate with other cities on policies and procedures related to common concerns or interests. Prepare and present staff reports to Legislative Committee, Mayor and Council, and City Manager, and prepare other necessary correspondence as requested and appropriate. Coordinate strategies with the Legislative Committee and the City Manager's Office to attain or prevent passage of legislation by seeking input from appropriate sources to avoid adverse impact on the City. Act as Mayor and Council liaison to the City's lobbyist at the federal and/or state level and provide information and analysis to the lobbyist as directed by the Legislative Committee and/or the City Manager. Coordinate Mayoral and Council visits to district offices of federal and state legislators. Represent the Mayor and Council to outside agencies and organizations and participate in community and professional groups and committees as directed. Forward constituent or outside agency requests regarding proposed legislation on matters of City operational concerns to the City Manager or his/her designee. Arrange for personal and Mayoral/Council visits to district offices of state and federal legislators. Research and interpret City policies, rules, and regulations in response to inquiries. Represent the City to outside agencies and organizations, and participate in community and professional groups and committees. Serve as liaison between the Mayor and the community; document complaints/concerns and provide advice and assistance to individuals and groups; may refer issues to City staff for further review or follow-up. Communicate with citizens, management, public officials, the general public, and other City employees in order to receive complaints and inquires from the public, and provide requested information or referral. 12-12 EXHIBIT B ~ ~~ ~----r-- CITY OF CHULA VISTA Legislative Assistant I Page 3 Work with community groups to resolve neighborhood concerns. Schedule, attend, and occasionally lead a variety of community, business, and neighborhood meetings as the Mayor's representative; staff boards and commi~sions. Make presentations and provide input on current issues to keep the public informed of programs, accomplishments, or points of view of the Department of the Mayor and Council; solicit and receive input from individuals and ensure the Mayor is apprised of community thoughts, opinions, and recommendations; keep abreast of City and community issues, projects, programs, and services to enhance public awareness and community input. Compose correspondence dealing with issues and subject matters in ways that sometimes require considerable discretion, judgment, or negotiation in replying to inquiries and/or presenting or requesting information. Compile and develop information for special studies and reports from a variety of resources. Make recommendations for corrective actions where applicable and prepare written reports. Participate in community planning meetings with members of advocacy groups; craft compromises and solutions to complex problems. Utilize a variety of databases and computer programs to develop reports and produce statistical information. Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer services. Perform other related duties as assigned. MINIMUM OUALIFICATIONS Knowledge of: Principles and practices of public administration. State and federal legislative processes. Pertinent federal, state, and local laws, rules, and policies regarding local govemment operations. Legislative process and role of legislative committees. Interest groups and their role in advocacy offederal, state, and local policies. EXHffiIT B 12-13 CITY OF CHULA VISTA Legislative Assistant I Page 4 Research methods, techniques, and report presentation. Legislative research techniques. Above average analytical ability. Principles and practices of operational, descriptive statistics, and research. Techniques and concepts of database management systems and conceptual systems design in order to store and extract data. Methods and techniques of statistical and applied research and analysis. Principles of data collection, collation, analysis, and dissemination. Modem office practices and procedures. Computer equipment and software applications related to assignment. English usage, spelling, grammar, and punctuation. Ability to: Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals. Monitor federal, state, and local legislative programs. Gain cooperation through discussion and persuasion. Prepare legislative proposals. Write and present clear, concise, and accurate oral and written reports, including sound recommendations. Present training sessions related to area of responsibility. Travel to other locations in the City and out oftown as necessary. Interpret and explain pertinent City policies and procedures. Develop and recommend policies and procedures related to area of responsibility. 12-14 EXHIBIT B CITY OF CHULA VISTA Legislative Assistant I Page 5 Investigate, evaluate, and recommend solutions to legislative and administrative problems. Prepare and present factual data. Identify and track federal, state, and local legislative bills having impact on the City. Analyze policy issues, research and compile technical and statistical information, make recommendations, and prepare reports. Gather, manage, and appropriately disseminate sensitive information. Create, maintain, and access database files. Interpret and apply applicable laws, policies, rules, and regulations. Prioritize and coordinate several work activities and follow up as required; research, organize, and maintain accurate office files. Plan and organize work to meet changing priorities and deadlines. Use initiative and sound independent judgment within established guidelines. Work independently and as a member of a team. Make oral presentations to a variety of groups. Operate standard computer and office equipment related to assignment Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work. Experience and Training Any combination of experience and trammg that would likely provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills, and abilities would be: Experience: Two years of responsible governmental administrative staff experience including the analysis of legislation and participation in a variety of business/community 12-15 EXHIBIT B CITY OF CHULA VISTA Legislative Assistant I Page 6 oriented special projects and activities. Local government experience ill legislative related activity is highly is desirable. Training: .' Equivalent to a Bachelor's degree from an accredited college or university with a major in public administration, political science, public relations, journalism or a closely related field License or Certificate Possession of a valid California driver's license, PHYSICAL DEMANDS On a continuous basis, sit at desk for long periods of time. Intermittently twist and reach office equipment; use telephone, write, or use keyboard to communicate through written means; may lift light weight. See in the normal vision range with or without correction to read typical business documents and computer screens; hear in the normal range with or without correction. WORKING ENVIRONMENT Primary work is performed within an even-floored, carpeted, and air-conditioned office environment with fluorescent lighting and a moderate noise level. Some movement is required from office-to-office, and there is occasional exposure to the external environment when going to outlying offices or meetings. Work is frequently disrupted by the need to respond to in-person and telephone inquiries. 12-16 EXHffiIT B CITY OF CHULA VISTA LEGISLATIVE ASSISTANT II DEFINITION To perform a variety of professional level technical and analytical duties related to the Mayor's Office; to assist the Mayor and Council in researching, analyzing, and interpreting the policy implications and impacts of legislation on the City; act as a tonstituent liaison and perform administrative work involving research, problem and dispute resolution, program and project management and preparation of reports and recommendations for the Mayor; plan, coordinate and implement programs and events; coordinate assigned activities with other departments, outside agencies, and the general public. DISTINGUISHING CHARACTERISTICS This is an unclassified, at-will, middle management level classification established in the Department of the Mayor and Council. It is subj ect to the authority and limitations set forth in the City Charter and the Municipal Code. This position works as a liaison between the Mayor and Council. This position also works as a liaison between the Mayor and Council and the City Manager, formulating policy decisions related to legislation that may affect the City. This position is limited to policy work, and is precluded from influencing, interfering with or performing the administrative or executive functions of the City Manager. As the full journey level class in the Legislative Analyst series, this position has the ability to perform the full range of duties assigned with only occasional instruction or assistance as unique situations arise. This class is distinguished from the Legislative Analyst I in that it performs journey level work with a high level of independence. Positions in this class are flexibly staffed and are normally filled by advancement from the level I or by outside candidates having prior experience. This is an unclassified at-will position, in which the incumbent serves at the will of the Mayor. The incumbent may be required to work a varied schedule, which includes evenings and weekends. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from the Mayor or Chief of Staff. ESSENTIAL FUNCTIONS - Functions may include, but are not limited to, the following: Plan, coordinate, and perform functions related to the activities of the Department of the Mayor and Council; provide the Mayor and department heads with timely information, analyses, technical assistance, and recommendations regarding various legislative issues that might impact the City. EXHmIT B 12-17 CITY OF CHULA VISTA Legislative Assistant II Page 2 Provide the Mayor and COilllcil, Legislative Committee, and City Manager'sOffice with timely information, analyses, and recommendations regarding legislative issues that might impact the City. . . Develop, in coordination with the Legislative Committee and the City Manager or his/her designee, an annual legislative program for the City. Plan, schedule, and prepare quarterly and year-end legislative reports for the Mayor and COilllcil, Legislative Committee, and City Manager's Office. Monitor, analyze, and interpret pending and proposed federal, state, and local legislation, assess its impacts, and prepare recommendations for the Legislative Committee and the City Manager or his/her designee for effective courses of action; coordinate with other cities on policies and procedures related to common concerns or interests. Prepare and present staff reports to Legislative Committee, Mayor and COilllcil, and City Manager, and prepare other necessary correspondence as requested and appropriate. Coordinate strategies with the Legislative Committee and the City Manager's Office to attain or prevent passage of legislation by seeking input from appropriate sources to avoid adverse impact on the City. Act as Mayor and COilllcilliaison to the City's lobbyist at the federal and/or state level and provide information and analysis to the lobbyist as directed by the Legislative Committee and/or the City Manager. Coordinate Mayoral and COilllcil VISItS to district offices of federal and state legislators. Represent the Mayor and COilllcil to outside agencies and organizations and participate in community and professional groups and committees as directed. Forward constituent or outside agency requests regarding proposed legislation on matters of City operational concerns to the City Manager or his/her designee. Arrange for personal and Mayoral/Coilllcil visits to district offices of state and federal legislators. Research and interpret City policies, rules, and regulations in response to inquiries. Represent the City to outside agencies and organizations, and participate in community and professional groups and committees. Serve as liaison between the Mayor and the community; document complaints/concerns and provide advice and assistance to individuals and groups; may refer issues to City staff for further review or follow-up. 12-18 EXHIBIT B CITY OF CHULA VISTA Legislative Assistant II Page 3 Communicate with citizens, management, public officials, the general public, and other City employees in order to receive complaints and inquires from the public, and provide requested information or referral. Work with community groups to resolve neighborhood concerns: Schedule, attend, and occasionally lead a variety of community, business, and neighborhood meetings as the Mayor's representative; staff boards and commissions. Make presentations and provide input on current issues to keep the public informed of programs, accomplishments, or points of view of the Department of the Mayor and Council; solicit and receive input from individuals and ensure the Mayor is apprised of community thoughts, opinions, and recommendations; keep abreast of City and community issues, projects, programs, and services to enhance public awareness and community input. Compose correspondence dealing with issues and subject matters in ways that sometimes require considerable discretion, judgment, or negotiation in replying to inquiries and/or presenting or requesting information. Compile and develop information for special studies and reports from a variety of resources. Make recommendations for corrective actions where applicable and prepare written reports. Participate in community planning meetings with members of advocacy groups; craft compromises and solutions to complex problems. Utilize a variety of databases and computer programs to develop reports and produce statistical information. Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer services. Perform other related duties as assigned. MINIMUM OUALIFICATIONS Knowledge of: Principles and practices of public administration. State and federal legislative processes. Pertinent federal, state, and local laws, rules, and policies regarding local government operations. EXHIBIT B 12-19 CITY OF CHULA VISTA Legislative Assistant II Page 4 Legislative process and role of legislative committees. Interest groups and their role in advocacy of federal, statt!, and local policies. Research methods, techniques, and report presentation. Legislative research techniques. Above average analytical ability. Principles and practices of operational, descriptive statistics, and research. Techniques and concepts of database management systems and conceptual systems design in order to store and extract data. Methods and techniques of statistical and applied research and analysis. Principles of data collection, collation, analysis, and dissemination. Modem office practices and procedures. Computer equipment and software applications related to assignment. English usage, spelling, grammar, and punctuation. Ability to: Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals. Monitor federal, state, and local legislative programs. Gain cooperation through discussion and persuasion. Prepare legislative proposals. Write and present clear, concise, and accurate oral and written reports, including sound recommendations. Present training sessions related to area of responsibility. Travel to other locations in the City and out oftown as necessary. 12-20 EXHIBIT B CITY OF CHULA VISTA Legislative Assistant II Page 5 Interpret and explain pertinent City policies and procedures. Develop and recommend policies and procedures related to area of responsibility. Investigate, evaluate, and recommend solutions to legislative and administrative problems. .. Prepare and present factual data. Identify and track federal, state, and local legislative bills having impact on the City. Analyze policy issues, research and compile technical and statistical information, make recommendations, and prepare reports. Gather, manage, and appropriately disseminate sensitive information. Create, maintain, and access database files. Interpret and apply applicable laws, policies, rules, and regulations. Prioritize and coordinate several work activities and follow up as required; research, organize, and maintain accurate office files. Plan and organize work to meet changing priorities and deadlines. Use initiative and sound independent judgment within established guidelines. Work independently and as a member of a team. Make oral presentations to a variety of groups. Operate standard computer and office equipment related to assignment Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work. Experience and Training Any combination of experience and training that would likely provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills, and abilities would be: EXHIBIT B 12-21 CITY OF CHULA VISTA Legislative Assistant II Page 6 Exoerience: Four years of increasingly responsible governmental administrative staff experience including the analysis of legislation Ip1d participation in a variety of business/community oriented special projects and activities. Local government experience in legislative related activity is highly is desirable. Training: Equivalent to a Bachelor's degree from an accredited college or university with a major in public administration, political science, public relations, joumalism or a closely related field License or Certificate Possession of a valid California driver's license. PHYSICAL DEMANDS On a continuous basis, sit at desk for long periods of time. Intermittently twist and reach office equipment; use telephone, write, or use keyboard to communicate through written means; may lift light weight. See in the normal vision range with or without correction to read typical business documents and computer screens; hear in the normal range with or without correction. WORKING ENVIRONMENT Primary work is performed within an even-floored, carpeted, and air-conditioned office environment with fluorescent lighting and a moderate noise level. Some movement is required from office-to-office, and there is occasional exposure to the external environment when going to outlying offices or meetings. Work is frequently disrupted by the need to respond to in-person and telephone inquiries. 12-22 EXHffiIT B CITY OF CHULA VISTA LEGISLATIVE ASSISTANT III DEFINITION To perform highly complex and sensitive, technical, and analytical duties related to the Mayor's Office; to assist the Mayor and Council in researching, analyzing, and interpreting the policy implications and iillpacts of legislation on the City; act as a "constituent liaison and perform administrative work involving research, problem and dispute resolution, program and project management and preparation of reports and recommendations for the Mayor; plan, coordinate and implement programs and events; coordinate assigned activities with other departments, outside agencies, and the general public. DISTINGUISHING CHARACTERISTICS This is an unclassified, at-will, middle management level classification established in the Department of the Mayor and Council. It is subject to the authority and limitations set forth in the City Charter and the Municipal Code. This position works as a liaison between the Mayor and Council. This position also works as a liaison between the Mayor and Council and the City Manager, formulating policy decisions related to legislation that may affect the City. This position is limited to policy work, and is precluded from influencing, interfering with or performing the administrative or executive functions of the City Manager. As the advanced journey level class in the Legislative Analyst series, this class is distinguished from the Legislative Analyst II in that it performs advanced journey level work with a high level of independence and performs the highly complex and sensitive assignments. Positions in this class are flexibly staffed and are normally filled by advancement from the level II or by outside candidates having prior experience. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from the Mayor or Chief of Staff. ESSENTIAL FUNCTIONS - Functions may include, but are not limited to, the following: Plan, coordinate, and perform functions related to the activities of the Department of the Mayor and Council; provide the Mayor and department heads with timely information, analyses, technical assistance, and recommendations regarding various legislative issues that might impact the City. Provide the Mayor and Council, Legislative Committee, and City Manager's Office with timely information, analyses, and recommendations regarding legislative issues that might impact the City. EXHffiIT B 12-23 CITY OF OlliLA VISTA Legislative Assistant III Page 2 Develop, in coordination with the Legislative Committee and the City Manager or his/her designee, an annual legislative program for the City. Plan, schedule, and prepare quarterly and year-end legislative reports for the Mayor and Council, Legislative Committee, and City Manager's Office. Monitor, analyze, and interpret pending and proposed federal, state, and local legislation, assess its impacts, and prepare recommendations for the Legislative Committee and the City Manager or his/her designee for effective courses of action; coordinate with other cities on policies and procedures related to common concerns or interests. Prepare and present staff reports to Legislative Committee, Mayor and Council, and City Manager, and prepare other necessary correspondence as requested and appropriate. Coordinate strategies with the Legislative Committee and the City Manager's Office to attain or prevent passage of legislation by seeking input from appropriate sources to avoid adverse impact on the City. Act as Mayor and Council liaison to the City's lobbyist at the federal and/or state level and provide information and analysis to the lobbyist as directed by the Legislative Committee and/or the City Manager. Coordinate Mayoral and Council visits to district offices of federal and state legislators. Represent the Mayor and Council to outside agencies and organizations and participate in community and professional groups and committees as directed. Forward constituent or outside agency requests regarding proposed legislation on matters of City operational concerns to the City Manager or his/her designee. Arrange for personal and Mayoral/Council visits to district offices of state and federal legislators. Research and interpret City policies, rules, and regulations in response to inquiries. Represent the City to outside agencies and organizations, and participate in community and professional groups and committees. Serve as liaison between the Mayor and the community; document complaints/concerns and provide advice and assistance to individuals and groups; may refer issues to City staff for further review or follow-up. Communicate with citizens, management, public officials, the general public, and other City employees in order to receive complaints and inquires from the public, and provide requested information or referral. 12-24 EXHIBIT B CITY OF CHULA VISTA Legislative Assistant III Page 3 Work with community groups to resolve neighborhood concerns. Schedule, attend, and occasionally lead a variety of community, business, and neighborhood meetings as the Mayor's representative; staff boards and commis;sions. Make presentations and provide input on current issues to keep the public informed of programs, accomplishments, or points of view of the Department of the Mayor and Council; solicit and receive input from individuals and ensure the Mayor is apprised of community thoughts, opinions, and recommendations; keep abreast of City and community issues, projects, programs, and services to enhance public awareness and community input. Compose correspondence dealing with issues and subject matters in ways that sometimes require considerable discretion, judgment, or negotiation in replying to inquiries and/or presenting or requesting information. Compile and develop information for special studies and reports from a variety of resources. Make recommendations for corrective actions where applicable and prepare written reports. Participate in community planning meetings with members of advocacy groups; craft compromises and solutions to complex problems. Utilize a variety of databases and computer programs to develop reports and produce statistical information. Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer services. Perform other related duties as assigned. MINIMUM OUALIFICATIONS Knowledge of: Principles and practices of public administration. State and Federal legislative processes. Pertinent federal, state, and local laws, rules, and policies regarding local govemment operations. Legislative process and role oflegislative committees. Interest groups and their role in advocacy of federal, state, and local policies. EXHIBIT B 12-25 CITY OF CHULA VISTA Legislative Assistant III Page 4 Research methods, techniques, and report presentation. Legislative research techniques. .. Above average analytical ability. Principles and practices of operational, descriptive statistics, and research. Techniques and concepts of database management systems and conceptual systems design in order to store and extract data. Methods and techniques of statistical and applied research and analysis. Principles of data collection, collation, analysis, and dissemination. Modem office practices and procedures. Computer equipment and software applications related to assignment. English usage, spelling, grammar, and punctuation. Ability to: Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals. Monitor federal, state, and local legislative programs. Gain cooperation through discussion and persuasion. Prepare legislative proposals. Write and present clear, concise, and accurate oral and written reports, including sound recommendations. Present training sessions related to area of responsibility. Travel to other locations in the City and out oftown as necessary. Interpret and explain pertinent City policies and procedures. Develop and recommend policies and procedures related to area of responsibility. 12-26 EXHIBIT B CITY OF CHULA VISTA Legislative Assistant III Page 5 Investigate, evaluate, and recommend solutions to legislative and administrative problems. Prepare and present factual data. Identify and track federal, state, and local legislative bills having impact on the City. Analyze policy issues, research and compile technical and statistical information, make recommendations, and prepare reports. Gather, manage, and appropriately disseminate sensitive information. Create, maintain, and access database fIles. Interpret and apply applicable laws, policies, rules, and regulations. Prioritize and coordinate several work activities and follow up as required; research, organize, and maintain accurate office fIles. Plan and organize work to meet changing priorities and deadlines. Use initiative and sound independent judgment within established guidelines. Work independently and as a member of a team. Make oral presentations to a variety of groups. Operate standard computer and office equipment related to assignment Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work. Experience and Training: Any combination of experience and training that would likely provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills, and abilities would be: Experience: Five years of increasingly responsible governmental administrative staff experience including the analysis of legislation and participation in a variety of EXHIBIT B 12-27 CITY OF CHULA VISTA Legislative Assistant III Page 6 business/community oriented special projects and activities. Local government experience in legislative related activity is highly is desirable. Training: .' Equivalent to a Bachelor's degree from an accredited college or university with a major in public administration, political science, public relations, journalism or a closely related field License or Certificate Possession of a valid California driver's license. PHYSICAL DEMANDS On a continuous basis, sit at desk for long periods of time. Intermittently twist and reach office equipment; use telephone, write, or use keyboard to communicate through written means; may lift light weight. See in the normal vision range with or without correction to read typical business documents and computer screens; hear in the normal range with or without correction, WORKING ENVIRONMENT Primary work is performed within an even-floored, carpeted, and air-conditioned office environment with fluorescent lighting and a moderate noise level. Some movement is required from office-to-office, and there is occasional exposure to the external environment when going to outlying offices or meetings. Work is frequently disrupted by the need to respond to in-person and telephone inquiries. 12-28 EXHIBIT B ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.03.020 TO DESIGNATE THE APPOINTING AUTHORITY FOR COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS, AND OTHER POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL WHEREAS, Charter section 201 vests all powers of the City, except as otherwise provided in the Charter, in the City Council; and WHEREAS, Charter section 501 grants the Council authority to create departments in the City and assign functions to the departments; and WHEREAS, the Council established the Department of Mayor and Council by Ordinance 2619 in 1994 pursuant to the authority of Charter Section 501; and. WHEREAS, the Department of Mayor and Council has the responsibility of policy setting and constituent relations, inter-agency relations, and intra-agency/policy implementation, but not administrative services; and WHEREAS, Ordinance 2619 was codified in Chula Vista Municipal Code, Chapter 2.03, entitled Department of Mayor and Council; and WHEREAS, Charter sections 501 and 505 grant the Council the authority to establish positions in the Department of Mayor and Council; and WHEREAS, the elected Mayor and elected Councilmembers, and the private secretary to the Mayor and Council are the only Charter-mandated positions in the Department of Mayor and Council at the present time; and WHEREAS, Charter section 500 provides that the private secretary to the Mayor and Council shall be appointed by the Council as a body; further, the private secretary may be removed by the Council at any time by a majority vote of the members of the Council; and WHEREAS, Charter sections 201 and 304 provide that the City Council may delegate appointing authority for positions established in the Department of Mayor so long as the delegation of appointing authority is not in conflict with the Charter; and WHEREAS, it is the intent of the City Council to delegate the appointing authority for positions established in the Department of Mayor and Council, not inconsistent with the Charter; specifically, to delegate appointing authority to the Mayor for all positions established within the Department through the legislative process, except for those legislative positions designated by Council to serve at the will of the entire Councilor individual Councilmembers. EXHIBIT C 12-29 Ordinance No. Page 2 NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: That Chapter 2.03, Section 2.03.020 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.03.020 Establishment of department of mayor and council. A. The department of mayor and council shall have assigned to it the elected mayor and elected councilmembers, the private secretary to the mayor and council that is permitted by Charter, any additional Charter positions assigned to either the mayor or mayor and council, and any positions assigned to the department of mayor and council through the legislative vrocess. including the budgetary process or such other means commonlv recognized for assignment of personnelay sueh means eommonly reeognized for assiglliIleat of persoIlRel, sueh as by the lmdgetary proeeS5. Subiect to the provisions of the Charter. -P-gositions so assigned to the department of mayor and council shall be given an unclassified statusshoula, elleept for elerieal posttions, be cORoidcred Flew mid lRaRagemeFlt positioFlS and gi'ieB. an UB.elassified status aM be teIFll. limited to eorrespoFld to the tenure of the mayor, as the eouneil shall aeteIFll.iRe ill establishing the positioll. B. The mayor shall serve as department head and appointing authority. except when designated otherwise bv the Charter or by the council. The appointing authoritv includes the power to appoint and the power to remoye from office. Persons in positions. other than clerical. who are appointed bv the mayor shall be term-limited to correspond to the tenure of the mavor. unless remoyed prior to the end of the mavor's term. C. The council may. by ordinance not in conflict with the Charter. designate the council as the appointing authoritv for a position created through the legislative process. A person appointed by the council in the department of mayor and council may be removed by a maiority vote of the members of the council. D. The council mav. bv ordinance not in conflict with the Charter. designate an individual councilmember as the appointing authority for those positions serving' at the individual councilmember's direction. Council assistants and senior council assistants shall be appointed by the individual councilmembers. Council assistants and senior council assistants shall be term- limited to correspond to the tenure of the individual. appointing councilmember. unless remoyed prior to the end of the councilmember's term. SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by: Approved as to form by: Ann Moore Ann Moore City Attorney City Attorney J:\AttomeyVDA WSON\Ordinances\Mayor.Council.Department.FINAL redline.strikeout (11-30-06).doc 12-30 EXHffiIT C ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.05.010 TO ADD THE POSITIONS OF LEGISLATIVE ASSISTANT I, LEGISLATIVE ASSISTANT II, AND LEGISLATIVE ASSISTANT III IN THE DEPARTMENT OF MAYOR AND COUNCIL AND THE ALREADY ESTABLISHED POSITION OF COUNCIL ASSISTANT TO THE LIST OF APPROVED UNCLASSIFIED POSITIONS IN THE CITY WHEREAS, Charter section 500(a) grants the Council authority to place new management level positions in the unclassified service by a four-fifths vote of the Council; and WHEREAS, such unclassified management positions established within the City of Chula Vista are set forth in Chula Vista Municipal Code section 2.05.010; and WHEREAS, the Council has through the legislative process placed unclassified, management level positions in the Department of Mayor and Council; and WHEREAS, currently within the Department of the Mayor and Council, there is the unclassified position of council assistant serving the elected councilmembers; and WHEREAS, the council assistant position has not been set forth in Chula Vista Municipal Code section 2.05.010; and WHEREAS, it is the intent of the City Council of the City of Chula Vista to establish and place three classifications in the Department of Mayor and Council, specifically Legislative Assistant I, Legislative Assistant II, and Legislative Assistant III; and . WHEREAS, it is also the intent of the City Council to add the Legislative Assistant I, II, and III classifications to the list of approved unclassified positions in the City and to add the already established position of council assistant to the list. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to add the positions of Legislative Assistant I, II, and III and Council Assistant, as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the city, there are established the unclassified positions entitled administrative services manager, advanced planning manager, animal control manager, assistant chief of police, assistant director of budget and 12-31 Ordinance No. analysis, assistant director of building and housing, assistant director of community development, assistant director of frnance, assistant director of human resources, assistant director of planning, assistant director of public works and operations, assistant director of recreation, assistant library director, building and park construction manager, California border alliance.. group (CBAG) deputy executive director, CBAG budget manager, CBAG executive assistant, CBAG graphics designer/webmaster, CBAG management assistant, CBAG methamphetamine strike force coordinator, CBAG network administrator I, CBAG network administrator II, CBAG network manager, CBAG operations/intelligence coordinator, CBAG program analyst, CBAG regional computer forensic laboratory network engineer, chief learning officer, chief of staff, coastal/environmental policy consultant, communications manager, community liaison (assigned to the office of the mayor and city council), community relations manager, constituent services manager, council assistant cultural arts and fund development manager, deputy building official, building services manager, deputy city manager, deputy director of engineering, deputy director of general services, deputy director of planning, deputy frre chief, development planning manager, director of budget and analysis, director of communications, director of conservation and environmental services, director of employee development, energy services manager, frscal operations manager, human resources operations manager, intergovernmental affairs coordinator, legislative assistant I, legislative assistant II, legislative assistant III. office specialist (mayor's offrce), parks and open space manager, police captain, purchasing agent, real property manager, risk manager, senior counCil assistant, traffic engineer, transit coordinator, treasury manager, energy project manager. SECTION IV: This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by: Approved as to form by: Qg^Jrik~~ . . 9llID Moore f/ v / ,/City Attorney J:\AltorneyVDA WSON\Ordinances\Unc1assified Position Ord._12-05-06.doc Page 2 of2 12-32 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NUMBER 3042, DESIGNATING THE APPOINTING AUTHORITY FOR THE POSITION OF INTERGOVERNMENTAL AFFAIRS COORDINATOR AS THE MAYOR AND COUNCIL COLLECTIVELY : WHEREAS, the position of Intergovernmental Affairs Coordinator is currently under the Department of Mayor and Council; and WHEREAS, it is the intent of the City Council of the City of Chula Vista to repeal Ordinance Number 3042, approved by the Council in September 2006, which designated the appointing authority for the position of Intergovernmental Affairs Coordinator in the Department of Mayor and Council as the Mayor and Council collectively. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I. That Ordinance Number 3042 is hereby repealed in its entirety SECTION II. This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by: Approved as to form by: 9r.r=~r ~e~r City Attorney J :\Attorney\JDA WSON\Ordmance Repealing Number 3042.doc 12-33 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ELIMINATING THE POSITIONS OF INTERGOVERNMENTAL AFFAIRS COORDINATOR, CONSTITUENT SERVICES MANAGER, AND COASTAL/ENVIRONMENTAL POLICY "CONSULTANT FROM THE AUTHORIZED POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL'S FISCAL YEAR 2007 BUDGET; (2) AUTHORIZING ONE LEGISLATIVE ASSISTANT III POSITION AND TWO LEGISLATIVE ASSISTANT II POSITIONS WITHIN THE DEPARTMENT OF MAYOR AND COUNCIL'S EXISITING FISCAL YEAR 2007 BUDGET; AND (3) ESTABLISHING THE COMPENSATION FOR THE LEGISLATIVE ASSISTANT I, II, AND III POSITIONS WHEREAS, it is the intent of the City Council of the City of Chula Vista to establish new classifications, specifically Legislative Assistant I, Legislative Assistant II, and Legislative Assistant III, in the Department of Mayor and Council; and WHEREAS, the Legislative Assistant positions will have broader class specifications than positions currently in the Department to better meet the purpose of the Department, which is policy setting and constituent relations, inter-agency relations, and intra-agency/policy implementation, but not administrative services, which are the responsibility of the City Manager; and WHEREAS, it is also the intent of the City Council of the City of Chula Vista to eliminate the positions of Intergovernmental Affairs Coordinator, Constituent Services Manager, and Coastal/Environmental Policy Consultant from the authorized positions in the Department of Mayor and Council's fiscal year 2007 budget; and WHEREAS, it is the intent of the City Council to establish the compensation for the Legislative Assistant I, II, and III positions and to authorize the inclusion of one Legislative Assistant III and two Legislative Assistant II in the Department of Mayor and Council's fiscal year 2007 budget, using the costs savings from the eliminated positions to fund the Legislative Assistant positions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby eliminates the positions of Intergovernmental Affairs Coordinator, Constituent Services Manager, and Coastal/Environmental Policy Consultant from the authorized positions in the Department of Mayor and Council's fiscal year 2007 budget. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista authorizes one Legislative Assistant III position and two Legislative Assistant II positions within the Department of Mayor and Council's existing fiscal year 2007 budget. 12-34 Resolution No. Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista establishes the compensation for the unclassified positions of Legislative Assistant I, II, and III, as follows: Legislative Assistant I in the middle management group with a bi-weekly E-step salary of $2,095.36; Legislative Assistant II iJ,1 the middle management group with a bi-weekly E-step salary of $2,619.20; and Legislative Assistant III in the middle management group with a bi-weekly E-step salary of$3,274.00. Submitted by: Approved as to form by: ~Md{k2/r\_cl1/l ,/ Ann Moore I City Attorney (~~~ / Ann Moore I City Attorney J :\AttomeyVDA WSON\Ordinances\RESOLUTION. Unclassified Position.12-05-06.doc J :\AttorneyIJDA WSONlOrdinancesIRESOLUTION. Unclassified Position.12-05-06.doc Page 2 of2 12-35 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.03.020 TO DESIGNATE THE APPOINTING AUTHORITY FOR COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS, AND OTHER POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL WHEREAS, Charter section 201 vests all powers of the City, except as otherwise provided in the Charter, in the City Council; and WHEREAS, Charter section 501 grants the Council authority to create departments in the City and assign functions to the departments; and WHEREAS, the Council established the Department of Mayor and Council by Ordinance 2619 in 1994 pursuant to the authority of Charter Section 501; and WHEREAS, the Department of Mayor and Council has the responsibility of policy setting and constituent relations, inter-agency relations, and intra-agency/policy implementation, but not administrative services; and WHEREAS, Ordinance 2619 was codified in Chula Vista Municipal Code, Chapter 2.03, entitled Department of Mayor and Council; and WHEREAS, Charter sections 501 and 505 grant the Council the authority to establish positions in the Department of Mayor and Council; and WHEREAS, the elected Mayor and elected Councilmembers, and the private secretary to the Mayor and Council are the only Charter-mandated positions in the Department of Mayor and Council at the present time; and WHEREAS, Charter section 500 provides that the private secretary to the Mayor and Council shall be appointed by the Council as a body; further, the private secretary may be removed by the Council at any time by a majority vote of the members of the Council; and WHEREAS, Charter sections 201 and 304 provide that the City Council may delegate appointing authority for positions established in the Department of Mayor so long as the delegation of appointing authority is not in conflict with the Charter; and WHEREAS, it is the intent of the City Council to delegate the appointing authority for positions established in the Department of Mayor and Council, not inconsistent with the Charter; specifically, to delegate appointing authority to the Mayor for all positions established within the Department through the legislative process, except for those legislative positions designated by Council to serve at the will of the entire Councilor individual Councilmembers. 12-36 Ordinance No. Page 2 NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION I: That Chapter 2.03, Section 2.03.020 of the Chula Vista Municipal Code is hereby amended to read as follows: " 2.03.020 Establishment of department of mayor and council. A. The department of mayor and council shall have assigned to it the elected mayor and elected councilmembers, the private secretary to the mayor and council that is permitted by Charter, any additional Charter positions assigned to either the mayor or mayor and council, and any positions assigned to the department of mayor and council through the legislative process, including the budgetary process or such other means commonly recognized for assignment of personnel. Subject to the provisions of the Charter, positions so assigned to the department of mayor and council shall be given an unclassified status. B. The mayor shall serve as department head and appointing authority, except when designated otherwise by the Charter or by the council. The appointing authority includes the power to appoint and the power to remove from office. Persons in positions, other than clerical, who are appointed by the mayor shall be term-limited to correspond to the tenure of the mayor, unless removed prior to the end of the mayor's term. C. The council may, by ordinance not in conflict with the Charter, designate the council as the appointing authority for a position created through the legislative process. A person appointed by the council in the department of mayor and council may be removed by a majority vote of the members of the council. D. The council may, by ordinance not in conflict with the Charter, designate an individual councilmember as the appointing authority for those positions serving at the individual councilmember's direction. Council assistants and senior council assistants shall be appointed by the individual councilmembers. Council assistants and senior council assistants shall be term- limited to correspond to the tenure of the individual, appointing councilmember, unless removed prior to the end of the councilmember's term. SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by: Approved as to form by: f?f!!!2fr1J~ City Attorney ~ffiML;fn City Attorney J :\Anomey\JDA WSON\Ordinances\Mayor.Council.Department.CLEAN copy of redline~strikeout (11-29..Q6).doc 12-37 !+ddd ~V?- ~ ~""S55 - - -- ;'nH)YfWf.Hon li/V j'kIYJ/2 CllY OF CHUlA VISfA OFFICE OFTHE CITY ATTORNEY RECEIVED "05 DEe -4 AlJ :18 €ttn Of CHULA VIS, i" my CLERK'S IDFFiCE DATE: December 1, 2006 TO: Honorable Mayor and Council, and City Staff FROM: Joan F. Dawson, Deputy City Attorney ~ SUBJECT: Index of Documents for December 5, 2006, Council Agenda Item #12 For your reference, the following are the documents and their respective page numbers prepared for Council Agenda Item Number 12. Staff Report (pgs. 12-1 through 12-4) Exhibit A to Staff Report - Memorandum of law prepared by the City Attorney to provide additional information on the legislative history of the Department and its legal framework (pgs. 12-5 through 12-10) Exhibit B to Staff Report - Class specifications for proposed positions (pgs. 12-11 through 12-28) Exhibit C to Staff Report - Strikeout version of the proposed ordinance in Item D for review of proposed changes (pgs.12-29 through 12-30) Agenda Item 12A - Proposed Ordinance (pgs. 12-31 through 12-32) Agenda Item 12B - Proposed Ordinance (pg. 12-33) Agenda Item 12C - Proposed Resolution (pgs. 12-34 through 12-35) Agenda Item 12D - Proposed Ordinance (pgs. 12-36 through 12-37) J:\AttomeyIJDA WSON\Memos\INDEX FOR AGENDA ITEM_12-01-06.doc 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823 @ Po'!'Con.~merR.c;ycl.dP_r /;Ei/7 IJ- Susan Bigelow From: Sent: To: Cc: Subject: rudyforch u lavista [rudy r orch u lavista@cox.net] Monday, December 04,200610:35 AM Cheryl Cox Jerry Rindone; John McCann; Steve Castaneda; Susan Bigelow; Jim Thomson RE: Item 12 on Councd Agenda " Date: December 4, 2006 To: Mayor-Elect Cheryl Cox Fr: Councilmemcmber-Elect Rudy Ramirez CC: Councilmembers Steve Castaneda, John McCann CI'ld Jerry Rindone Re: Item] 2 on T "esday, December 4,2006 City Councd Agenda I appreciated meeting with you last month to raise my cOl1cerns regarding the disparity between sIaffresources available to the Mayor ond those available to City Councilmembers. While reviewing the packet for our first City Council meeting on Tuesday, however, I was disappointed to see your response to our conversation. The recommendations you placed on Tuesday's agenda, Item #12, would actually make matters worse by making an additional staff position accountably exclusively to you a staff person which is currently accountable to all members of the City Council. Instead of addressing my concerns regarding the disparity, your proposal actually increases staff resources for the Mayor while decreasing those resources available to City Councilmembers. As I prepare to take office next week, I am mindful of the obligations and responsibilities each of us has to the public and the enormity of the challenges our city faces over the next few years. These obligations and responsibilities will require each of us to have access to the talents and time of professional staff members who bring the qualifications and independence we need and can trust. As you know, the size and budget for the Mayor's staff already has increased dramatically in recent years. If approved, your proposal on Tuesday night's agenda would make this disparity worse by taking staff resources currently accountable to the City Councilmembers and making them accountable only to you. This disparity between the professional staff resources available to the Mayor relative to the City Councilmembers resulted in an imbalance in the contributions that Councilmembers were able to make to the decision making process during the past administration. I believe the quality of governance suffered as a result, and that it is our job as the newest members of the City Council to address this issue. Jkn6w you'll agree' that the best public policy results from an energetic, critical analysis and exchange of ideas. . The imbalance between mayoral and council.staffresources during the last administration stifled healthy debate and.critical 'analysis of policies and programs, and the public int~rest suffered. . For these reasons, I urge you to work with me and the other City Councilmembers to correct the imbalance that developed during the plior administration with regard to the distribution of staff resources, and to 1 place some controls and caps on staffsalaries, some of which increased dramatically during the previous tenn. Specifically, because addition of an 'Environmental Review Coordinator' position was justified on the basis of your predecessor1s membership on the California Coastal Commission, it is a logical position to eliminate at this time. To address the current imbalance between mayoral and city council staffing levels, I propose that the cost of that position be reallocated between the members of the City Council to supplement their professional staffing budgets. In addition, I propose that no mayoral or city council staff position be paid at a rate higher than $100,000 per year. As you know, this will only effect the Chief of Staff position to the Mayor the cost of which has doubled during your predecessor's administration. I propose that the savings from this cut be retumed to the general fund to provide a net decrease in mayoral and council staff spending overall. While I realize that my proposal results in only a small net decrease in spending overall, it would decrease the Mayor and CounciPs budget more than your proposal would. It would also serve the public interest in an even more impOltant way: By beginning to address the staffing and budget inequities at City Hall between the Mayor's office and the City Councilmembers, we will have provided the City Council with the staff resources necessary to better govern and serve the people of Chula Vista. In addition to these inunediate changes, I would also like to address at the earliest opportunity the City Council's need for professional budget and legislative analysis. It is my belief that these critical needs can be addressed without a net increase in mayoral or city council budgets, perhaps by adjusting the job descriptions and titles or existing positions or by shifting responsibility of existing positions to all members of the Council. I recognize the additional leadership responsibilities you have as Mayor, and strongly believe that your office requires a higher budget and staffmg level in order to provide that leadership to the council and to our city. My proposals are simply designed to ensure that City Councihnembers also have sufficient resources to provide the quality of service our citizens deserve and expect. Thank you for your consideration. Rudy Ramirez Rudy for Chula Vista www.rudyforchulavista.com 2 T " :I. +em /2- RECEIVED ~V~ -11- .. - ~~--~ ~- Councilmember Steve Castaneda '06 DEe -5 A 8 :14 City Of Chula Vista 276 Fourth Avenue ChulaVista, Ca91910 ern OF CHUlA Vi> ie, ME M 0 619.691.5044 - 6194765379 Fax GfTY CLERK'S OFF;cr CllY OF CHUIA VISTA DATE: Tuesday, December 05, 2006. FROM: Mayor and Councilmembers Councilmember Steve castan~ City Manager, City Attorney, City Clerk TO: cc: RE: Mayoral and City Council Staffing Because the size, cost and role of the staff serving the Mayor and City Councilmembers are issues of interest to the public and subject to differing points of view on the City Council, I urge that a public workshop be scheduled so that all options can be considered and public comment received. The previous administration has been strongly and correctly criticized for concentrating power and staff resources accountable only to the Mayor, exclusively in the Mayor's office. As a result, taxpayer funded staff was not truly accountable to the balance of elected officials or the people of Chula Vista, whom we are all sworn and paid to represent. Given the lessons learned, the risk of placing too much emphasis on political priorities and potential mischief at the expense of sound democratic public policy is far too great. This current proposal by the Mayor-elect represents a concentration of non-accountable resources reminiscent of the growth in staff that occurred in the current Mayor's administration during a similar period. Too little scrutiny of the policies and programs generated from the Mayor's office occurred during this period, and as a result, mistakes were made. These are not mistakes that we should or can repeat. The advent of new leadership provides a unique opportunity to get it right this time. I would strongly recommend that the Mayor and City Council hold a public workshop that will allow all options to be fully considered, debated and decided upon in a public setting. At that time, the council and the public should understand all of the issues as they relate to the organization and cost of the Mayor and City Council offices. By starting with our shared objective - to serve the people of Chula Vista in the most effective way possible - we can identify areas where expertise is required, as well as associated costs and to whom those individuals should report. It is only in this context ~ that we can make the best decisions regarding the roles, size and cost of the Mayor and City Council staff. While my mind will remain open during such a workshop, it is my current belief that the overall budget for the Mayor and City Council staff is sufficient to meet our needs, if it is properly organized and structured. It is my further belief that any new positions created or restructured should be responsible and accountable to every member of the City Council- not just one.