REPORT TO COUNCIL
SUBJECT
Title
Discussion and Council Direction on Assigned Responsibilities and Commensurate Salary Options for Elected City Clerk
Report
BACKGROUND
On February 6, 2018 City Clerk Rod Diridon, Jr. resigned from his elective office. That same night, the City Council accepted his resignation, in effect, declaring the office vacant. At the meeting of February 13, Council heard a presentation outlining options to consider in response to the sudden vacancy of the elective City Clerk position. A copy of that agenda report, as well as the presentation, is attached for reference.
Following a staff presentation, discussion and public input, Council directed staff to: 1) return with a potential draft Charter amendment related to the position of the City Clerk to include on the June 5, 2018 ballot, including alternative language for consideration; and 2) clarify any potential conflict with the By-District Council Elections & Voting Method Ballot Measure already approved for the June 5, 2018 election.
The Council also requested that staff conduct outreach utilizing social media and other tools to encourage public participation/feedback on the potential draft ballot measure(s); provide information on the cost of adding the ballot measure on the June 5, 2018 election; and, provide background information on previous Charter amendment ballot measures relative to the position of elected City Clerk and related information from the recent Charter Review Committee.
In response to Council’s direction, on March 6, 2018, Council considered draft Resolutions outlining potential ballot measures related to the City Clerk and staff presented results of the conducted outreach and gathered background information for Council’s review. That evening, Council took no action on placing any charter amendments on the ballot or to appoint to the elected City Clerk position. Council instead directed staff to return to Council to call a special election for November 2018 to fill the vacancy, and directed the City Manager to return to Council with a Study Session with information on professional standards, qualifications and salary information for professional city/municipal clerks.
On March 29, Council held a Study Session on the roles, responsibilities and qualifications of a professional City Clerk. Master Municipal Clerks Dawn Abrahamson and Lee Price presented detailed information on the profession and answered Council’s questions. A copy of the PowerPoint presentation is attached for reference. That evening, the Council directed the City Manager to prepare a report with options for the Council’s consideration at the April 24 meeting, including compensation commensurate with the assigned duties of the City Clerk.
DISCUSSION
Pursuant to the Council’s direction from March 29, staff has prepared two options for Council consideration, as well as associated compensation options.
Option 1: Assign certain City Clerk responsibilities to the Assistant City Clerk
Council has the authority to assign these professional duties pursuant to Charter Section 903, which states:
The City Council may, in its discretion, appoint any other officer or employee of the City as City Clerk and grant such person additional compensation for the performance of such duties.
The Council may consider formally assigning certain professional City Clerk duties to the Assistant City Clerk position by amending the City Code to establish a Chapter specifically pertaining to the Management of City Records.
The new chapter would assign the following City Charter and City Code to the Assistant City Clerk as a primary responsibility:
Santa Clara City Charter:
1. Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purposes [Charter Section 903(a)];
2. Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter [Charter Section 903(b)];
3. Maintain separate books, in which a record shall be made of all written contracts and official bonds [Charter Section 903(c)];
4. Keep all aforementioned books properly indexed and open to public inspection when not in actual use [Charter Section 903(d)]; and
5. Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records [Charter Section 903(f)].
Santa Clara City Code (“SCCC”):
1. The recording and maintaining of a full and true record of all the proceedings of the City Council [SCCC Section 2.20.020(a)].
2. Publishing and attesting the publication of all official notices [SCCC Section 2.20.020(b)].
3. Administering oaths or affirmations and taking affidavits and depositions pertaining to the affairs of the City [SCCC Section 2.20.020(c)].
4. The issuance of certified copies of official records as required and requested [SCCC Section 2.20.020(d)].
5. Officially recording the rights, titles, and interests in all real properties acquired by the City [SCCC Section 2.20.020(e)].
6. The handling of all Council correspondence unless otherwise specifically designated [SCCC Section 2.20.020(f)].
7. Preparing of the agenda and supplemental material for Council meetings in cooperation with the City Manager [SCCC Section 2.20.020(g)].
8. Routing Council assignments to the respective officers having primary responsibility for their execution [SCCC Section 2.20.020(h)].
9. Duplicating and distributing the minutes, ordinances, resolutions, policies and order of the City Council to the various boards, commissions and administrative officers [SCCC Section 2.20.020(i)].
It should be noted that the practice of having the Assistant City Clerk fulfill the above noted duties is not uncommon in the City of Santa Clara, as there is a long-standing practice to have the Assistant City Clerk act as the office manager and lead the day-to-day professional operations and responsibilities of the office. The current salary of the Assistant City Clerk is reflective of this practice.
If Council were to choose this option, the primary responsibility for the following City Charter and City Code provisions would remain with the elected City Clerk:
Santa Clara City Charter:
1. Be the custodian of the seal of the City [Charter Section 903(e)];
2. Have charge of all City elections [Charter Section 903(g)].
Santa Clara City Code (“SCCC”):
1. The City Clerk shall be elected by the City at large for a term of four years and shall be custodian of the official seal of the City [SCCC Section 2.20.010]
2. The City Clerk shall be in charge of all City elections and shall conduct the same in accordance with the provisions of Section 700 of the Charter [SCCC Section 2.20.040]
In practical terms, this means the elected City Clerk would primarily only be responsible for administering all aspects of City elections.
Compensation:
Under this option, Council should consider reviewing the compensation for the elected City Clerk and the Assistant City Clerk position to align the compensation to the specific assigned responsibilities noted above. The Council may consider the following choices related to setting the compensation for this policy option:
a) Set the City Clerk elected position compensation at the same stipend rate of Council Members (currently $2,000 per month) as defined in Charter Section 702 and to discontinue the practice of granting accrued time off to the elected position. If so directed by Council, staff could draft an Ordinance that would include the position of elected City Clerk to be reviewed by the Salary Setting Commission upon its review of the Mayor and Council Member salaries every odd year; or
b) Council may direct staff to conduct an analysis and return to the Council with a salary range that is reflective of the above-mentioned primary responsibilities.
Option 2: Do not assign any City Clerk responsibilities to the Assistant City Clerk
The Council could take no action to assign the duties identified in the City Charter and City Code for the position of City Clerk to any other officer or employee of the City and whoever is elected to the position would be primarily responsible.
Compensation
Under this option, the Council should also consider setting the compensation so that it is commensurate with the assigned responsibilities. The Human Resources prepared a preliminary compensation array (attached) with neighboring cities: Milpitas, Mountain View, Palo Alto, San Jose and Sunnyvale. It should be noted that all City Clerks within these cities are appointed and not elected.
If Council opts to retain all duties outlined in the City Charter and City Code as the elected City Clerk’s primary responsibilities, Council could direct the City Manager to have staff conduct further analysis and return to Council with a salary range that is reflective of this option.
Benefits and Accrued Time Off
Regardless of whether the Council chooses either of the above-mentioned options, or provides other direction as it relates to the elected position of City Clerk, the Council should consider discontinuing the practice of including the elected position of the City Clerk with Bargaining Unit 9 - Miscellaneous Unclassified Management Employees and discontinuing Santa Clara’s unique past practice of having an elected position eligible to accrue paid time off through sick, vacation and/or management leave.
FISCAL IMPACT
The compensation of the elected City Clerk may or may not have a fiscal impact dependent upon Council’s direction. If Council choses to set a stipend for the position at the same rate as Council Members (currently $2,000 per month), there would be a significant cost savings.
If Council choses to have the City Manager return with a salary range for the elected City Clerk for either alternative outlined, there may or may not be a salary savings as it would be dependent upon the primary duties of the elected City Clerk and/or Assistant City Clerk.
The current salary schedule identifies the City Clerk/Auditor as one classification and former City Clerk/Auditor’s received a base pay of $200,976 and total salary with benefits in the amount of $305,176. Depending on Council action, staff will adjust the salary and benefits for the City Clerk position in the forthcoming FY 2018/19 Recommended Operating Budget. For reference, the Assistant City Clerk’s salary range is currently $123,072 - $159,264, which must be taken into consideration when setting the elected City Clerk’s salary if Council deems it necessary to avoid compaction issues.
As a separate action, the Council is also considering options as they relate to the Council appointed position of City Auditor.
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(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
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.
ALTERNATIVES
1. Direct the City Attorney to draft an Ordinance establishing a new City Code Chapter for the Management of City Records and amending the City Code to specify the primary responsibilities of the elected City Clerk and Assistant City Clerk (Option 1) and;
A.) Direct the City Attorney to draft an Ordinance setting a stipend for the position of elected City Clerk comparable to the stipend received by Council Members
OR
B.) Direct the City Manager to have staff conduct further analysis and return with a salary range commensurate with the primary responsibilities.
2. Take no action to assign certain City Clerk responsibilities to the Assistant City Clerk (Option 2); direct the City Manager to conduct further analysis; and return with a salary range commensurate with the primary responsibilities.
3. Eliminate the past practice of allowing the City Council, or any other staff member, including the City Manager, to award a merit increase for the elected position of City Clerk.
4. Continue the past practice of including the elected position of City Clerk with Bargaining Unit 9 - Miscellaneous Unclassified Management Employees including eligibility to accrue paid time off through sick, vacation and/or management leave
5. Discontinue the past practice of including the elected position of City Clerk with Bargaining Unit 9 - Miscellaneous Unclassified Management Employees including eligibility to accrue paid time off through sick, vacation and/or management leave
6. Any other alternative as determined by the Council.
RECOMMENDATION
Recommendation
Staff makes no recommendation on this issue.
Staff
Reviewed by: Jennifer Yamaguma, Acting City Clerk
Reviewed by: Brian Doyle, City Attorney
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Agenda report and presentation from February 13, 2018 Council meeting
2. PowerPoint presentation from March 29, 2018 Special Council meeting
3. Compensation Array for City Clerk