HomeMy WebLinkAbout2007/03/06 Item 12
CITY COUNCIL
AGENDA STATEMENT
:$"!r::.. CIIT OF
-<: < ~ CHULA VISTA
March 6, 2007 Item I Z.
SUBMITTED BY:
PUBLIC INPUT REGARDING DESIRED QUALIFICATIONS OF
A NEW CITY MANAGER ~
INTERIM CITY MANAGER 'J!
CITY ATTORNEY {j 0.
ITEM TITLE:
4/5THS VOTE: YES
NO
x
BACKGROUND: At its February 20, 2007 meeting, the City Council directed staff to provide a
report with recommendations for a process to obtain public input related to the selection of a new
City Manager, and to indicate what would be appropriate and not appropriate to discuss in open
session. As discussed in the attached memo from the City Attorney, staff recommends that any
public discussion regarding the selection of a new City Manager be limited to general comments
regarding the desired qualifications of a new City Manager and avoid discussion of any specific
candidates for the position.
ENVIRONMENTAL REVIEW: N/A
RECOMMENDATION
That Council:
I. Accept this report.
2. Hear and consider any public input provided at the March 6th Council meeting regarding
the characteristics desired in a new City Manager.
BOARDS/COMMISSION RECOMMENDATION: N/A
PREVIOUS ACTIONS: After a vacancy occurred in the City Manager position in June 2006, the
City contracted with Bob Murray and Associates to conduct the executive search for the next City
Manager. As part of that process, Mr. Bob Murray met with the then Mayor and Councilmembers
individually, and staff as time permitted, at meetings on Tuesday, August 22, 2006. Later on
August 22, in open session during the Council meeting, Mr. Murray was scheduled to summarize
the input he had received regarding the position and to hear any additional comments from the
Council and potentially the public, as well as answer any questions related to the executive search
process. However, the August 22, 2006 Council meeting was a lengthy one, and the agenda item
related to the executive search process for the City Manager was not reached on the agenda until
after Mr. Murray had to leave town. The item was therefore continued to a special Council meeting
on August 26, 2006. As indicated in the attached staff report and minutes from that August 26,
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Date, Item~
Page 2 of2
2006 meeting, Mr. Murray in open session summarized for the City Council the input he had
received regarding the desired characteristics for the new City Manager. There was no public input
on the characteristics for the new City Manager at that meeting, and the then Mayor and
Councilmembers concurred with the summary provided by Mr. Murray regarding the desired
qualifications for the new City Manager.
Mr. Murray then prepared the brochure announcing the position, which was mailed to potential
applicants. A copy of that brochure is attached, and it includes a description of the "Opportunities
and Challenges" facing the City and a description of the "Ideal Candidate" for the position. It was
not anticipated that the hiring process would be conducted in a public session; the candidates were
told their application would be kept confidential.
Subsequently, when a new Mayor and Councilmember were elected in the November 2006
election, Mr. Murray interviewed the newly elected Mayor and Councilmember to obtain their
views on the characteristics desired for a new City Manager. In addition, the Council extended
the filing deadline for applicants for the City Manager position from the original filing deadline
of October 16, 2006 to an extended deadline of December 5, 2006.
DISCUSSION: At the February 20, 2007 meeting, the City Council directed staff to prepare
this report regarding what is appropriate to discuss in open session and what is not appropriate.
Attached is a memo from the City Attorney that describes that issue in further detail.
As indicated in the attached memo, staff recommends that the discussion at the March 6th Council
meeting on this item be limited to the desired qualifications of the new City Manager, and that it
should avoid any discussion of specific candidates for the position.
It is recommended that the Council accept any written or verbal comments at the March 6th Council
meeting from members of the public and limit the Council's own discussion in public session to a
general discussion of the desired qualifications of the new City Manager because of the expectation
of privacy created by the City in the current application process.
DECISION MAKER CONFLICT: Staff has reviewed the decision contemplated by this
action and determined that it is not site specific and consequently the 500-foot rule found in
California Code of Regulations Section 18704.2 (a)(l) is not applicable to this decision.
FISCAL IMPACT: N/A
ATTACHMENTS:
. Memo from City Attorney
. Staff report on the executive search process for the City Manager at the August 26, 2006
Council meeting
. Minutes of the August 26, 2006 Council meeting
. Brochure inviting applications for City Manager position
Prepared by: Jim Thomson, Interim City Manager
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0lY OF
CHULA V1SfA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
DATE:
February 28, 2007
TO:
The Honorable Mayor and City Council
FROM:
Joan F. Dawson, Deputy City Attorney
Ann Moore, City Attorney CA. tf"
VIA:
RE:
Public Input Regarding City Manager Process
The City Attorney has been asked to provide guidance to the City Council regarding what
can be discussed and what should not be discussed in open session regarding the current
recruitment process for a new City Manager.
The Ralph M. Brown Act, codified at Government Code sections 54950 through 54963,
provides that meetings of a legislative body, such as the Chula Vista City Council, should
be open and public (see Government Code S 54953). The Brown Act contains specific
exceptions from the open meeting requirements where government has a demonstrated
need for confidentiality (see Government Code S 54962). Personnel matters are one such
exception.
There is specific statutory authority that authorizes closed sessions to consider the
appointment, employment, evaluation of performance, or dismissal of a public employee
(see Government Code S 54957(b)(I)). The underlying purpose of this personnel
exception is to protect the employee from public embarrassment and to permit free and
candid discussions of personnel matters by a local governmental body. See San Diego
Union v. City Council, 146 Cal. App. 3d 947, 955 (1983). Evaluating a prospective
public employee's qualifications is within the ambit of the personnel exception of the
Brown Act.
Historically, the Chula Vista City Council has discussed employment matters in closed
session as allowed by the Brown Act. As noted by the Fourth District Court of Appeal in
the San Diego Union case, this confidential process permits free and candid discussions
of personnel matters. It further encourages a high caliber of applicants, who may be
currently employed elsewhere and have a legitimate reason to request confidentiality
when applying for a position with the City of Chula Vista. In determining whether an
application process for City positions should be open or closed, the Council must weigh
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the right to privacy of the individual applicants with the public interest in open
discussion.
In this instance, the candidates for City Manager were told by the City that the process
would be confidential to protect their privacy rights. This expectation of privacy created
by the City relates to the individual candidates' qualifications for the position, including
responses they have given to interview questions or any other personal information the
candidates have provided either verbally or in writing. It is the City Attorney's
recommendation that a written authorization be obtained from the remaining candidates if
the Council wishes to move the discussion regarding the candidates from closed session
to open session.
Further, anything that has been discussed in closed session regarding the candidates may
not be disclosed, except as provided by Government Code section 54957.1. This section
requires the legislative body to publicly report any "[a]ction taken in closed session to
appoint, employ. . . or otherwise affect the employment status of a public employee."
Gov't Code ~ 54957.1(a)(5). See also Gov't Code ~ 54963 ("(a) A person may not
disclose confidential information that has been acquired by being present in a closed
session. . . to a person not entitled to receive it, unless the legislative body authorizes
disclosure of that confidential information. (b). . . "confidential information" means a
communication made in closed session that is specifically related to the basis for the
legislative body of a local agency to meet lawfully in closed session. . . . ").
The document that was published by the City, in conjunction with Bob Murray and
Associates, inviting interest in the City Manager position is a public document pursuant
to Government Code section 6250 et seq., the California Public Records Act. This four-
page document contains information on the ideal candidate for City Manager. It also
contains information regarding salary and benefits for the City Manager. This general
information is public information, and it would be permissible for the Council to receive
public comment on this information, if desired.
To summarize, it would be permissible for the Council to seek public input or ideas
regarding the kind of City Manager who would be good for the City and the ideal criteria
for a new City Manager. It would not be permissible to discuss in public the specific
qualifications of individual applicants and how they mayor may not fit within the
parameters established for the position. General discussion regarding salaries and other
terms of compensation are matters of public interest warranting open discussion. San
Diego Union v. City Council, 146 Cal App. 3d at 955. However, any negotiations
regarding compensation with a specific candidate should take place in closed session, as a
public employee appointment matter pursuant to Government Code section 54954.5(e).
In the future, if the Council desires to change its policy of discussing employee
appointment matters in closed session, the Council should make the change prior to the
start of an appointment process so applicants understand there is no expectation of
privacy in their applications for a City position.
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ft!:i= /
Meeting Date .July 22; 2~88
RI,;1.~ /0(:,
REPORT ON THE EXECUTIVE SEARCH PROCESS FOR THE
CITY MANAGER BY BOB MURRAY OF BOB MURRAY AND
ASSOCIATES.
SUBMITTED BY:
REVIEWED BY:
Director of Human Resources rrF--
~\
City Manager 0 (415ths Vote: Yes_ No-1U
The City has contracted with Bob Murray and Associates to conduct an Executive
Search for the next City Manager. Mr Murray will speak to the Council regarding issues
and recommendations related to the executive search and seek Council input regarding
those issues. Mr. Murray will report back to Council once he is prepared to recommend
a group of finalists for the position.
RECOMMENDATION: That Council provides direction to Mr Murray
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Bob Murray and Associates has been selectecl to conduct the executive search for the
next City Manager. Mr. Bob Murray will be working with Council and staff to discuss
qualifications, procedures and other issues related to the executive search. Mr. Murray
is scheduled to meet with the Mayor and Council individually, and staff as time permits,
at meetings throughout the day on Tuesday, August 22, 2006 The purpose of the
individual meetings is to gather input for discussion at the Council meeting.
Later that evening, in open session during the Council meeting, Mr Murray will have an
opportunity to summarize the input he received regarding the position and to hear any
additional comments from the Council and potentially the public, as well as answer
questions related to the executive search process.
Mr Murray will report back to the Council once he is prepared to recommend a group of
finalists for the position.
FISCAL IMPACT: N/A
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12-5
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 26, 2006
1:00 P.M.
A Special Meeting of the City Council of the City ofChula Vista was called to order at I:4S p.m.
in the Council Chambers located in City Hall, 276 Fourth Avenue, Chula Vista, California
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor
Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: Interim City Manager Thomson, Senior Assistant City Attorney Marshall,
Bob Murray of Bob Murray and Associates
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
ACTION ITEMS
I. REPORT ON THE EXECUTNE SEARCH PROCESS FOR THE CITY MANAGER
BY BOB MURRAY OF BOB MURRAY AND ASSOCIATES (Continued from August
22,2006)
The City has contracted with Bob Murray and Associates to conduct an executive search
for the next City Manager. (Human Resources Director)
Mr. Murray spoke to the Council regarding issues and recommendations related to the executive
search, and sought Council input regarding those issues. Mr. Murray will report back to Council
once he is prepared to recommend a group of finalists for the position.
The Council took no formal action.
PUBLIC COMMENTS
Angela Brill commented on concerns of Rolling Hills residents and the addition of a bus route.
ADJOURNMENT
At 2:03 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on September 19,
2006 at 6:00 p.m. in the Council Chambers. The meeting of September 5, 2006 was cancelled
per Municipal Code Section 2.04.020. The meeting of September 12, 2006 was cancelled due to
the Mayor's State of the City Address, to be held on that date at the Montevalle Recreation
Center at 6:00 p.m.
,
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Susan Bigelow, MMC, City Clerk
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ellY OF
CHUlA VISTA
INVITES YOUR
INTEREST IN
THE POSITION OF
CITY
MANAGER
r----SOB MURRAY
r ) & ASSOCIATES
,...... \ S IN EXECUTIVE SEARCH
" EXPERT
~~
The City of Chula Vista
offers convenient access
l'r-l
to all the cultural. recreational.
educational and business
opportunmesthesouthern
Californ,,- re;jon provides.
THE COMMUNITY
Chula Vista, California is a diverse, thriving
city with a population of more than 225,000
people who enjoy an international setting and
a casual, recreational lifestyle. Located just minutes
from both downtown San Diego and the US. Mexico
border, the city offers convenient access to all the clJltu.ral, rec. r. ea. tJ.....o...n....a....I,
.. .............'."-'-,",...-:".;.'.
educational and business opportunities the southem Califomia region prQVides.
Chula Vista is one of the fastest growing cities in the nation and hasayibfant,
growing economy.
Situated a10ngthe scenic San Diego Bay and sunrounde d bypicturesquemountaJ'ns,
,- '. .,.....,...-.. .:-',"': ,.,,', '>-, '..... .....
Chula Vista evokes a sense of community and family spirit reminiscent of small
town America, complete with tree-lined streetS, family owned bLisinesSe~. and .
the amenities of a growing city.
.,.',,",.',:-,'.
Chula Vista has an expanding downtown with retail shops!' re~urants a~c:I.'
businesses, both old and new. New, modern architecture blends'With historical
:', " '.. "" :,:. F.' .:'.'....' "",::-'Y:',.,...:',: -','", ,'"..,.: ";;"',":.~
sites and parks located throughout the city. . {: ,.;., . ,,",,>. '
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The City of Chula Vista has good schools, excellent health 6lrJ~di~les;sp~rq~~\ .
parks, community programs for all ages, and top-notch facil~ies for~he Sollth.
Bay's seniors. The expanding population can be attributed ~g~oWi~~h;ti~r~g' '
and employment opportunities, a rich community spirit. a consf:kmly ritcro:~rate'
climate and a city government that makes quality of life a priority. '.
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The near-perfect Mediterranean climate lends itself to an activ~ outdoor lifestyle:
'. . . . .. .:...",:;i,'>..:....'::.':';f~;"-;-!:-,;>;-i:::.":":
Chula Vista is home to the U.5. Olympic Training Center, Coo~ Amph.itheatre,
the Chula Vista Nature Center, Knotts Soak City USA, four golf ~ourSes, a
. .. . -'. ..,. ........ '. :":'- -,,:..-..,<,.....,.:;..'.-.'.:;.::....+,.:.....;.'.,'....
beautiful marina, and an abundance of parks and open sp,!~es. .
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In addition, Chula Vista provides a variety of cultural and educati~nalfacilities .
';":'::';"S' ...'.
such as the Chula Vista Heritage Museum, . . '. .,.:;.
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Onstage Playhouse, the San Diego Junior
Theatre, and the award-winning
Chula Vista Public Library ~m.
THE
ORGANIZATION
The City of Chula Vista is a full-service
city with a full-time staff of 1,263 people
and has a stable Council/Manager form
of government. The City Manager's
Office, also called the Administration
Department, is made up of the City
Manager, the Assistant City Managers,
the Office of Budget and Analysis and
the Office of Communications.
OPPORTUNITIES
AND
CHALLENGES
Chula Vista is a community in transition.
As the population has increased, the
city has become more diverse, with its
social and ethnic make-up changing
dramatically over a relatively short period
of time. As award winning master planned
communities are built in the east, a new
vision aimed at revitalizing older neigh-
borhoods on the city's west side is
emerging in the fonrn of the Urban Core
Master Plan.
Chula Vista's financial health is stable. It
is important to the City Council and
residents of the community that the
city's financial position remains strong
in the future. As neighborhoods mature
and the cost of providing services increases,
Chula Vista will face challenges. The city
has recently created a non-profit entity
to assist the City Council in its efforts
to promote redevelopment. The new
50 I (c)3, the Chula Vista Redevelopment
Corporation, is governed by
a nine member board, four
of whom are appointed by
the City Council.
A major project that will
require the attention of the
next City Managerwill be the
Bayfront project. Planning is
underway to transform the Chula
Vista bayfront into a magnificent
world-class destination. Experts are
calling it one of the most significant waterfront
planning efforts on the west coast.
IDEAL CANDIDATE
The city is currently seeking a City Manager with strong interpersonal skills who can
effectively communicate with the City Council, staff, residents and customers. As
Chula Vista has matured, so has the relationship between the City Council and
the City Manager.
The City Council is committed to setting policy and looks to the City
Managerand hisiherstaffto provide policyaitematives. The present
Council is much more engaged in policy development than in
the past. The new City Manager should work well in a collabor-
ative environment where he/she and the City Council respect
one another's roles. The City Council looks to the City Manager
to provide leadership and clear direction to staff and hold
individuals accountable. Follow through and communication is
important to the City Council.
tomer service; appreciating what the
residents have come to expect.
The new City Manager should have an
extensive background in municipal
management. That experience should
provide the new City Manager with an
understanding offinancial management,
redevelopment and economic develop-
ment, growth, and the dynamics of a
diverse community. A Bachelor's degree
in public administration or a related field is
required; a Master's degree is preferred.
THE
COMPENSATION
The salary for the City Manager position
is open and is dependant upon qualifi-
cations. The city also offers an
attractive benefits package
including:
The new City Manager should
have an extensive background in
munidpal management. That experience
should pro,,1de 1he new City Manager with
an under>tanding of inano~ management.
redevelopment and economic
development, and growth.
The City Council is looking for an individual who is progressive; a forward
thinker who is creative and innovative. The next City Manager should be a
person who is politically astute but apolitical. A manager who treats each
Council Member equally and keeps them well informed is being sought.
The ideal candidate must understand the basic principles of service
delivery in the various municipal functional areas, and must be able
to anticipate future needs forthe city. He/she will be a team player and
work with others in a collaborative manner. The ideal candidate
will be an individual who embraces and encourages quality cus-
12-9
Retirement - The
city contributes the
employee's full 8%
share to the California
Public Employees Retire-
ment System (CaIPERS),
provides the 3% @ 60 for-
mula and does not participate in
Social Security.
Flexible Benefit Plan - This position
receives $1 I ,966 annually, from which
medical insurance must be purchased
for the employee. The remaining
money may then be used to purchase
a wide variety of non-taxable benefits
or receive taxable cash. (The all)ount will be pro-rated based
on plan year and start date.) '"
Insurance - The city provides life and AD&D insurance coverage
of $50,000.
Long Term Disability - The city pays the total premium for a
short and long-term disability Policy.
Vacation & Holiday - This position receives 25 vacation days per
year at a rate of7.69 hours per pay-period, with an option to sell back up
to 80 hours of accnued vacaTIon once per fiscal year. The city observes I 0 hard
holidays and credits 24 hours each fiscal years for three floating holidays.
Sick Leave - Sick leave is accrued at the rate of3.69 hours per pay period,
with the option of a cash payment of 1/4 of the annual accumulation if 4 days
or fewer are used during the year. Beginning sick leave and vacation balances
are negotiable.
Management Leave - This executive management position receives 80 hours
of Management Leave annually which must be used before the end of the fiscal
year. Hours are pro-rated based on date ofhire.
Deferred Compensation - A non-contributory deferred compensation plan
is available. In addition, you may choose to participate in the city's 40 I (a) plan.
which matches 5% of salary.
Flexible Spending Accounts - Employees may participate in a Heakh and/or
Dependent Care FSA that will allow them to pre-designate money into these
accounts on a pre-tax basis.
TO APPLY
If you are interested in this outstanding
opportunity please submit your
resume to:
Bob Murray
Bob Murray & Associates
1677 Eureka Road, Suite 202
Roseville. CA 95661
(916) 784-9080
(916) 784-1985 fax
e-mail:
apply@bobmurrayassoc.com
Filing Deadline:
O<:tober 16, 2006
Following the dosing date, resumes will
be screened according to TIhe qualifications
outlined above. The most qualified
candidates will be invited to screening
interviews with Bob Murray and Asso-
ciates. A select group of candidates will
be asked to provide references once it is
anticipated they may be recommended
as finalists; references will be contacted
only following candidate approval. Can-
didates will be advised of the status of
the recruitment following selection of
the City Manager.
5hould you have any questions please do
not hesitate to contact Mr. Murray at:
(916) 784-9080
....--.......
r T) Bos MURRAY
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