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HomeMy WebLinkAboutReso 2008-138 RESOLUTION NO. 2008-138 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CREATION OF A PROFESSIONAL UNIT WHEREAS, in June 2007, the Chula Vista City Council approved the results of a comprehensive classification study of professional and middle management positions in the Middle Management group; and WHEREAS, the purpose of the study was to conduct a detailed analysis of each position; determine essential job functions for each classification; develop and or revise class specifications to ensure that they were current, accurate and in compliance with the Americans with Disabilities Act; allocate each position to an appropriate classification; collect and analyze labor market data; and assess internal salary relationships for any new or revised classifications; and WHEREAS, unit designation was not part of the study conducted in 2007, however, Human Resources staff conducted follow-up analysis of each classification; and WHEREAS, as a result of the analysis conducted, it was determined that many of the classifications designated as Middle Management positions did not meet the term "Middle Management" as defined in the Government Code under the State Employer Relations Act (SERA); and WHEREAS, although the City is not bound by the SERA, the City has used it as guidance in defining various groups; and WHEREAS, the Government Code defines a "Managerial employee" as any employee having significant responsibility for formulating and administering agency or departmental policies and programs or administering an agency or department and exercising independent judgment and discretion in the duties performed; and WHEREAS, the City's current makeup of the Middle Management group has encompassed both supervisory and professional classifications, and is therefore over-inclusive; and WHEREAS, the Meyers Milias Brown Act defines a Professional as those who are engaged in work requiring specialized knowledge and skills attained through a recognized course of instruction and who exercise independent judgment and discretion in the course of their work; and WHEREAS, Human Resources staff is recommending creating an additional group called the Professional unit; and Resolution No. 2008-138 Page 2 WHEREAS, this unit would more closely align classifications based on the definition found in the Meyers Milias Brown Act; and WHEREAS, two subgroups, "Confidential" and "Unclassified," would also be required to further appropriately designate classifications within both the Middle Management and Professional groups; and WHEREAS, SERA defines "Confidential employee" as any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions; and WHEREAS, the City Charter currently designates several positions III the Middle Management unit as unclassified positions; and WHEREAS, currently, 104 classifications are designated to the Middle Management group; and WHEREAS, of these 104 classifications, 42 classifications would remain in the Middle Management group, 3 classifications would be designated as Middle Management (Confidential), 4 classifications as Middle Management (Unclassified), 44 classifications designated as Professional, 3 classifications as Professional (Confidential), and 8 classifications as Professional (Unclassified). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby approves the creation of a Professional Unit. Presented by Approved as to form by ftI.~ Marcia Raskin Director of Human Resources ~y~~y~ Ann Moore City Attorney Resolution No. 2008-138 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 3rd day of June 2008 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Ch~~ ATTEST: L / ~~AY Donna R. Norris, CM , Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2008-138 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of June 2008. Executed this 3rd day of June 2008. dllftJ~ t 0r1f!/!'~ Donna R. Norris,/CMC, Int rim City Clerk