For City Council Meeting [June 11, 2019]
TO: Honorable Mayor and City Council
FROM: Sean Grayson, Interim City Administrator
Title
Request City Council’s Approval of the Terms of a Labor Agreement between the City of Rialto and Justin Edson, Community Compliance Manager.
(ACTION)
Body
BACKGROUND:
The Community Compliance Manager coordinates, supervises, and oversees the work of personnel engaged in a variety of City activities related to setting and ensuring compliance with applicable ordinances, codes, and regulations related to zoning, land use, nuisance housing, building codes, health and safety, business licensing, blight, graffiti, and other matters of public concern. The Community Compliance Manager must ensure high quality work and customer responsiveness to internal and external stakeholders and adherence to policies and procedures.
The City of Rialto accepted applications for the Community Compliance Manager position during the month of January. In the interim, Richard Freiholtz has been providing oversight to the Code Enforcement Division and support to the City Administrator’s Office. Mr. Freiholtz’ services concluded on June 6, 2019, per his arrangements with the City.
The City’s process for the selection of a Community Compliance Manager was based on qualifications and successful job history and performance. A total of 66 applications were received, with a limited number selected to proceed with interviews.
ANALYSIS/DISCUSSION:
Section 2.04.100 of the Rialto Municipal Code grants the City Administrator authority to appoint, promote, demote, and remove employees (with the exception of the City Clerk and City Treasurer).
The City Administrator has consulted the City Council on the selection of a candidate; accordingly, the labor agreement prescribing the terms of conditions of the Community Compliance Manger are attached to this report. In accordance with Ordinance 1612 and Rialto Municipal Code (RMC) Section 2.50.060, the Community Compliance Manager position is at-will, subject to working at the pleasure of the City Administrator, which includes termination at any time without right of appeal or hearing.
The following provides a summary of other key provisions of the labor agreement with Mr. Justin Edson:
• Salary: The salary is commensurate with the range (5600) currently in the City’s Compensation Schedule, which is $7,280 - $9,756 monthly.
• Benefits: The majority of the benefits of the Community Compliance Manager are consistent with those of the RMMA. The retirement formula under the benefits is 2.7% at 55 for Classic PERS members, with a 2% COLA during retirement.
• Severance: In the event the employee is terminated, the City shall pay the employee an amount equal to his monthly base salary multiplied by two. Should the termination be for cause, the City shall have no obligation to pay the severance.
• Exempt: The position is exempt from overtime, per the Federal Labor Standards Act.
ENVIRONMENTAL IMPACT:
The request is not a Project as defined by Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. 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. Pursuant to Section 15378 (b) (5) a project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY:
This action 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 responsive manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW:
Counsel from the City Attorney’s Office has reviewed and approved this staff report and its attachments.
FINANCIAL IMPACT:
Operating budget Impact
The fully burdened costs for the Community Compliance Manager position are $121,830, which have been allocated in the current fiscal year budget; hence, no additional appropriations are needed.
Capital Improvement Budget Impact
This action has no impact to the Capital Budget.
RECOMMENDATION:
Staff recommends that the City Council approve the terms of the Labor Agreement with Justin Edson, Community Compliance Manager.