REPORT TO CIVIL SERVICE COMMISSION
SUBJECT
Title
Discussion and Possible Action on: Continued Appointment of Salary Setting Commissioner; Establishment of a Procedural Rule for Civil Service Commission Regarding Same
Report
BACKGROUND
Charter Section 702 requires the Civil Service Commission (CSC) appoint five (5) members to the Salary Setting Commission (SSC). The Salary Setting Commission meets every odd year to set the compensation for the positions of Mayor and Councilmember, City Clerk and Police Chief. Generally, the Salary Setting Commission commences the meetings in February of every odd year.
In February 2023, the CSC appointed Natasha Humphries to the SSC. Commissioner Humphries has not attended any meetings of the SSC since her appointment in 2023.
DISCUSSION
Prior to the commencement of the 2025 SSC meetings, staff reached out to Ms. Humphries to confirm her continued interest in serving on the Salary Setting Commission. Ms. Humphries confirmed that she was still interested in serving on the SSC.
The SSC commenced its meetings again on February 3, 2025. Since that time, they have met four times. Since Ms. Humphries did not attend the meeting on February 3, 2025, staff again reached out to Ms. Humphries to confirm her continued interest in serving on the SSC. On February 5, 2025, Ms. Humphries responded confirming her continued interest but was not available for the next two weeks. The SSC met on February 10, 17 and March 3, 2025. Unfortunately, Ms. Humphries did not participate in these meetings.
The SSC has expressed concern with the lack of participation and number of unexcused absences.
Charter Section 1004 states, in pertinent part, “ If a member of a board or commission absents himself/herself from three regular meetings of such board or commission, consecutively, unless with permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the City, his/her office shall be vacant and shall be so declared by the City Council.” Thus, for commissions appointed by City Council, the City Council may take action to remove a Commissioner for failure of attendance. Since the SSC is, by charter, appointed by the CSC rather than the City Council, it is illogical for the City Council to take action to remove a Salary Setting Commissioner. In addition, it appears to be the will of the voters of the City to ensure that the SSC remains independent from influence or oversight by the legislative body whose salary they set.
City Code Section 2.120.020(a) allows for Boards and Commission to adopt and establish their own procedural rules and regulations pertaining to the conduct of the business of the Commission. Of course, any such rule or regulation must not violate or contradict existing City rules or policies, and should abide by general best practices, as advised by staff. In order to establish with clarity the process applicable to removal of a Salary Setting Commissioner by the CSC, staff recommends that the CSC discuss and possibly take action to establish a procedural rule governing the removal of a Salary Setting Commissioner upon the same standard as stated in the Charter for other Commissions (unexcused absence from three consecutive regular meetings).
The Salary Setting Commission does not have a policy or guidelines that discuss unexcused absences. Ms. Humphries’s absences were not excused by the SSC. Since Ms. Humphries has not attended any meetings in 2023 and 2025 since her appointment, it is requested that the Civil Service Commission discuss her continued appointment to the Salary Setting Commission.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no additional cost to the City other than administrative staff time and expense.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Establish a procedural rule for the Civil Service Commission, pursuant to SCCC 2.120.020(a), governing the removal of a Salary Setting Commissioner upon the same standard as stated in the Charter for other Commissions (unexcused absence from three consecutive regular meetings)
2. Discuss and possibly take action on the removal of a Salary Setting Commissioner
Staff
Reviewed by: Aracely Azevedo, Director of Human Resources
Approved by: Nadine Nader, Chief Operating Officer