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HomeMy WebLinkAbout1993-03-16 CRC MINS ."_ " 4 ., . MINUTES OF A SPECIAL MEETING OF THE CHARTER REVIEW COMMISSION March 16, 1993 Council Conference Room 6:00 p.m. ------------------------------------------------------------------- MEMBERS PRESENT: Bob Campbell, Jack Blakely, Susan Fuller, Ted Hillock, John Dorso MEMBERS ABSENT: Sharon Reid (excused), Vickie Turner (unexcused) STAFF PRESENT: Assistant city Attorney Rudolf The meeting was called to order by Chairperson Campbell at 6:02 p.m. The roll was called and all members were present except Member Reid who was excused due to vacation, and Member Turner, who had not called in, but whose resignation had been received. MSUC (Blakely/Fuller) . MSUC (Fuller/Blakely) to approve the minutes of the regular meeting of January 19, 1993. There were no comments from members of the public. Agenda Item 4 - Report on Attendance Policy: . Mr. Rudolf advised that the City Council had amended City Council Policy No. 110-03 effective February 16, 1993 (a copy of which was distributed in the package). He pointed out the change in Policy NO.5, deleting the authority of the affected Board, Commission or Committee to waive the 75% attendance requirement, and now only allow "clarification" with regard to the facts regarding the number of absences and number of meetings. He pointed out that the basic rule set forth in Policy No. 6 still obtains - any member missing 25% or more of the meetings during the past year without excuse must be removed from his or her board or commission by the City Council. Mr. Rudolf pointed out that the attendance policy was in addition to, and did not make reference to, the Charter-required automatic vacancy for three consecutive unexcused absences from regular meetings. Agenda Item SA: . Section 300 (Preferential Voting) Mr. Rudolf highlighted his memo of February 23 to the Commission advising that there was no software currently available anywhere in the country to service preferential voting in San Diego or anyplace else. MSUC (Campbell/Fuller) to advise the City council that the Commission has considered the suggested use of preferential voting and finds that it cannot be employed for the reasons set forth in the Assistant City Attorney's memorandum dated February 23, 1993. ". . Charter Review Commission March 16, 1993 Meeting Page 2 Agenda Item SB: . section 304 (Mayor's CPI Increase, Reconsideration of Mayor Pro Tempore Absence, Disability or Death) Mr. Rudolf pointed out that the City Attorney had requested the Commission not take action with regard to the technical cleanup to Section 304(c) regarding the adjustment in the Consumer's Price Increase unless other portions of Section 304 were also amended. Since the Commission approved Mr. Moore's suggested amendment to subsection (d) at the January 19 meeting, the Commission was requested to consider reapproving the technical cleanup regarding the Consumer's Price Index increase previously approved by the Commission for the June 1992 ballot, but not placed on the ballot by Council. MSUC (Fuller /Dorso) to approve the previously approved technical amendment to Section 304(c) regarding the Consumer Price Index increase with regard to the Mayor's salary. MSUC (Fuller/Hillock) to reconsider and amend the previous approval of Mr. Moore's suggested change to Section 304(d) so that the word "and" would be added after the word "disability" at the end of the subsection, followed by the underlined words after the word "Mayor" so that the second sentence of subsection (c) would read as follows: Technical Cleanup; and Service During Mayor's "The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability, and in the event of the Mavor's death, until replaced. II Agenda Item SH: section 501 (Number of positions and Compensation, Technical Cleanup) . Mr. Rudolf advised that no comments had been received from the City Manager's Office to his memorandum to the City Manager and the Director of Personnel dated January 25, 1993 regarding Charter Section 501. He passed out Director of Personnel Candy Boshell's memorandum dated March 10, 1993 relating to Charter Sections 501, 701 and 702. The Director of Personnel concurred with the recommendations of the Assistant City Attorney with regard to the proposed amendment regarding Charter Section 501. The proposed changes will: Change the heading of the section to reflect that it deals with the number and compensation of positions as well as the establishment of an administrative department; reflect the importance of the Council's power regarding the number and compensation of positions by making it a separate subsection, and . . . Charter Review Commission March 16, 1993 Meeting Page 3 the first subsection, of Section 501; and clarify that the section relates to all positions in City service, whether in the Classified or Unclassified Service. MSUC (Blakely/Fuller) to approve the recommended reorganization of Charter Section 501. Agenda Item 5K: Section 610 (b) civil Service commission Decision Final on Classified Disciplinary Appeal) Mr. Rudolf pointed out his memorandum dated January 25, 1993 to the City Manager and Director of Personnel regarding Charter Sections 610 and 702 and the memorandum to the Commission dated February 9, 1993 from the Director of Personnel regarding Charter section 610. He advised that the civil Service Commission had considered the items at its meeting of March 11, 1993, but he had not yet received a report from the Director of Personnel regarding their disposition of the items. He stated that he would advise the Charter Review commission of any action of the civil Service Commission other than approval of the proposed changes. MSUC (Fuller/Dorso) to approve the amendment clarifying the historic practice of civil Service commission being the final appellate authority with regard to Classified employees' disciplinary actions. Agenda Item 5L: section 610(d) - (Delete civil Service commission Role Re Employer- Employee Relations) MSUC (Fuller/Blakely) to approve staff's recommendation. Agenda Item 50: section 702 - (Delete civil Service commission Role Re Retirement) MSUC (Fuller/Dorso) to approve staff's recommendation. Agenda Item 5M: sections 500 and 701(a) - (Add Unclassified Service category for Unpaid Students/Volunteers And Add Second secretary to Mayor and council in the Unclassified Service) Member Fuller requested clarification as to why the current Classified position cannot perform the services required by the Mayor. Mr. Rudolf pointed out that the current Classified position was in the City Manager's budget unit and appointed by the city . Charter Review Commission March 16, 1993 Meeting Page 4 Manager, in order to provide staff assistance to the Mayor and Council Office. Mr. Rudolf suggested that the Mayor's point was that the position would be more responsive to the Mayor and Council if they, as a collective appointing authority, rather than the City Manager, hired and fired the person appointed to the position. Member Blakely suggested that the item would have to be carefully worded on the ballot in order to avoid questions by citizens with regard to whether there would be two or three positions providing staff support to the Office of Mayor and Council. Mr. Rudolf advised that it was his understanding that if the Council approved placing the matter on the ballot and the voters approved, the current Classified position would be eliminated and replaced with the Unclassified position appointed by the Office of Mayor and Council, and subject to the day-to-day supervision of the Mayor, pursuant to the Charter. MSUC (Fuller/Blakely) to approve all the staff recommended changes set forth in the attachment to the January 25, 1993 memorandum from the Assistant City Attorney to the City Manager and Director of Personnel regarding the Unclassified Service. . Agenda Item 6: Section 308 - (Council Meetings At Other Than City Hall) . Mr. Rudolf reminded the Commissioners that the then Charter Review Committee had considered potential amendment to Section 308 in 1991 to remove the constraint that at special meetings not at the Civic Center, no action can be taken, or allow regular meetings outside the civic Center. On May 21, 1991 by unanimous vote, the Charter Review Committee recommended no change to the Charter to allow the Council to hold meetings in the community at which action could be taken. Staff advised that at the City Council's January 25, 1993 goal setting session, a question had arisen regarding the prior referral to the Charter Review Committee, and the Council had asked that the issue of City Council meetings in the community be placed on a future Charter Review Commission agenda for consideration. Mr. Rudolf advised that he had contacted Councilmember Fox, from whom the question had arisen, and that Mr. Fox was really only inquiring as to the status of the historic referral and felt that neither he nor the other members of the Council were interested in any change from what Charter Section 308 allowed. (The second paragraph of Charter Section 308 allows community meetings at other than City Hall, but requires them to be "special" meetings at which the Council cannot take final action). MSUC (Blakely/Campbell) to again recommend no change. Mr. Rudolf stated that the lack of follow through to the City Council was perhaps his fault because he did not recollect that the report to Council specifically "closed the loop" with regard to the Charter Review Committee's action on . . . Charter Review Commission March 16, 1993 Meeting Page 5 the 1991 referral, although the action was reflected in the minutes. Agenda Item 7 - Members' Comments: Chairman Campbell reported that the Mayor had placed reappointment of Member Reid on the Council's agenda but then removed it, and that he, Chairman Campbell, would be meeting shortly with the Mayor to discuss Member Reid's reappointment. Member Fuller suggested and there was a consensus of the Commission that staff prepare a letter for the Chairperson's signature addressed to the Mayor requesting that the Council act on reappointment of Member Reid (whose term expired June 30,1991), Member Hillock (whose term will expire June 30, 1993), and on a replacement for former Member Vickie Turner, whose resignation dated March 16, 1993 was distributed at the meeting. (Member Turner's term also was due to expire June 30, 1993). There being no further business, meeting at 7:22 p.m. the Chairperson adjourned the Respectfully submitted, '1LL-,\ tv-J D. Richard R~lf Secretary (Minures\Q\arRev2)