For City Council Meeting [August 10, 2021]
TO: Honorable City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Marcus Fuller, City Manager
Eric Vail, City Attorney
Title
Request City Council to Adopt Ordinance No.1660 to Amend Rialto Municipal Code section 2.50.060, and to Adopt Resolution No.7766 Designating Positions as Exempt from the City’s Competitive Service.
(ACTION)
Body
BACKGROUND
Rialto Municipal Code section 2.50.060 lists positions that are exempt from the competitive service and are not subject to Chapter 2.50 of the Rialto Municipal Code. The last update to this list occurred in January of 2019. Currently, the list under section 2.50.060 is not inclusive of all potions exempt from the competitive service. Further, several of the positions have been re-titled or deleted altogether but yet remain on the list. This lack of clarity may cause confusion as to determining the appropriate recruitment process, and benefit entitlement to certain positions. Therefore, the City Council is presented with a proposed Ordinance and accompanying Resolution in an effort to clarify which positions are exempt from the competitive service and to simplify the process for future revisions.
ANALYSIS/DISCUSSION
The proposed Ordinance provides the City Council with the flexibility to periodically revise the list of positions exempt from competitive service without having to adhere to the strict procedural timeline requirements of amending ordinances. Ordinance amendments take at least sixty (60) days for implementation which is one reason the list of the positions exempt from the competitive service has not been timely updated as otherwise desired.
The proposed Ordinance deletes the existing partially outdated list of positions that are exempted from the competitive service from section 2.50.060 and cross references the proposed Resolution for an updated list. Further, the proposed Ordinance allows for future revision of the list of positions exempt from competitive service by adoption of a resolution which will increase efficiency and timely provide clarity regarding which positions within the City, at any given point in time, are exempt from the competitive service.
Previously, the City Council established two units of exempt classifications for full-time City employees: Executive Management and Management Unrepresented.
The current list of City employees classified in these two units include the following:
Executive Management Positions
• City Manager
• Deputy City Manager
• Police Chief
• Fire Chief
• Community Development Director
• Finance Director
• Public Works Director
• Community Services Director
• Human Resources / Risk Management Director
• Maintenance and Facilities Director
• Management Services Director
Management Unrepresented Positions
• City Engineer
• Community Development Manager
• Utilities Manager
• Deputy Finance Director
• Deputy Maintenance and Facilities Director
• Principal Budget & Financial Analyst
• Deputy Human Resources / Risk Management Director
• Community Compliance Manager
• Public Relations Officer
• City Manager’s Executive Assistant
• City Manager’s Assistant
Other exempt positions that are not considered employees include:
• Elective Officers
• Members of appointive boards, commissions and committees
• Persons engaged under contract to supply expert, professional, and technical services for a definite period of time
• Volunteer personnel such as volunteer firemen and reserve policemen who receive no regular compensation from the city
• City Attorney
• Part time personnel
• State or federally subsided personnel
The proposed Ordinance and Resolution clarify Rialto Municipal Code section 2.50.060 to ensure the list of exempt positions is correctly identified.
ENVIRONMENTAL IMPACT:
The action is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15378(b) (5) of the CEQA Guidelines because the requested action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY:
This action is consistent with Guiding Principle 3A of the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW:
The City Attorney prepared and approved this staff report, resolution, and ordinance.
FINANCIAL IMPACT:
Operating Budget Impact
None.
Capital Improvement Budget Impact
None.
RECOMMENDATION:
Staff recommends that the City Council adopt the proposed Ordinance amending Rialto Municipal Code section 2.50.060 and adopt the Resolution to clarify the list detailing which positions are exempt from the competitive service and to simplify the process of updating such list in the future.