For City Council Meeting [July 9, 2019]
TO: Honorable Mayor and City Council
FROM: Rod Foster, City Administrator
Title
Request City Council to Provide Authority to the City Administrator to Negotiate and Execute Employment Contracts with At-Will Employees.
Body
BACKGROUND
Historically, the City Council has approved at-will contracts for various Rialto staff members. The Council has and should approve the contract for the City Administrator, as well as the City Attorney as the two direct reports of the City Council.
The Rialto Municipal Code, at Section 2.04.100, authorizes the City Administrator to appoint city officers under the supervision and control of the City Council. The City Administrator is requesting authority to negotiate and execute employment contracts for At-Will employees on behalf of the City up to the maximum salary and benefits provided for within existing Council approved documents, e.g. salary resolutions, MOUs, etc.
ANALYSIS/DISCUSSION
There are two Department Director vacancies at the City-those being the Director of Human Resources/Risk Management, and the Director of Public Works/City Engineer. There is a third future vacancy once the Director of Development Services retires later this year.
In order to on-board these vital Director positions as expeditiously as possible, the City Administrator requests authority to hire these three positions without further Council action. Such authority is considered standard in the public sector. Furthermore, any possible municipal code revisions would be part of a future action once such work is ready for Council consideration.
ENVIRONMENTAL IMPACT
Pursuant to Section 15378 of California Environmental Quality Act (CEQA), a “Project means the whole of an action which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Approval of a Professional Service Agreement is an administrative function in accordance with the Rialto Municipal Code and is not a project as defined by CEQA.
GENERAL PLAN CONSISTENCY
This action plan is consistent with Guiding Principle 3A in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsible manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW
The City Attorney has reviewed and approved this staff report.
FINANCIAL IMPACT
None associated with the recommended action.
RECOMMENDATION
Staff recommends that the City Council delegate authority to the City Administrator to negotiate and execute, on behalf of the City of Rialto, At-Will employment agreements for all current, and future at-will staff positions, subject to the approval of the form of the agreements by the City Attorney.