Loading...
Resolution No. 2011-138RESOLUTION NO. 2011-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ORDERING THAT MEASURES TO AMEND THE CITY CHARTER TO ELIMINATE THE AT -WILL EMPLOYMENT PROVISION AND AMEND ARTICLE VI RESPECTING THE CITY ADMINISTRATOR BE SUBMITTED TO THE VOTERS OF THE CITY AT THE NOVEMBER 8, 2011 MUNICIPAL ELECTION WHEREAS, Chapter 7.6 of Vernon's Charter codifies the rule of at -will employment for City employees; and WHEREAS, the City Council has determined that this provision is no longer necessary or desirable, as it restricts the City's flexibility to consider and enact, where appropriate, ordinances or other policies establishing civil service rules for municipal employees; and WHEREAS, many neighboring jurisdictions, including the City of Los Angeles, Burbank, and Glendale have no comparable at -will employment requirements, and have enacted civil service rules; and WHEREAS, civil service rules may be desirable for the City in the future to help remain competitive with neighboring jurisdictions in attracting and retaining qualified City employees through enhanced job security, and elevate considerations of merit in personnel decisions; and WHEREAS, in light of the foregoing, the City Council desires to propose to the voters of the City an amendment to the City's Charter to delete Chapter 7.6 in its entirety; and WHEREAS, Article VI of the Vernon City Charter contains certain restrictions on the City Council's authority to remove the City Administrator and reduce the City Administrator's compensation; and WHEREAS, -the City Council has determined that such restrictions are not consistent with best municipal practices; and WHEREAS, the City Council has determined that the elimination of these restrictions will enhance the accountability of the City Administrator to the City Council and the citizenry of the City of Vernon; and WHEREAS, in light of the foregoing, the City Council desires to propose to the voters of the City an amendment to Article VI of the Charter to eliminate these restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: BALLOT MEASURES. (a) The City Council does hereby order submitted to the voters at the November 8, 2011 municipal election the following measure: Measure Shall the Vernon City Charter YES be amended to remove the, provision mandating at -will employment for City NO employees? (b) The text of the proposed amendment to be submitted to the voters is attached hereto as Exhibit A and incorporated herein by reference. - 2 - (c) The City Council does hereby order submitted to the voters at the November 8, 2011 municipal election the following measure: Measure - Shall Article VI of the YES Vernon City Charter be amended to eliminate restrictions on the City NO Council's authority to remove the City Administrator and to reduce the City Administrator's compensation? (d) The text of the proposed amendment to be submitted to the voters is attached hereto as Exhibit B and incorporated herein by reference. SECTION 2: ELECTION PARTICULARS. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. The ballots to be used in the election shall be in the form and content required by law. SECTION 3: IMPARTIAL ANALYSIS. The City Council hereby directs the City Clerk to transmit a copy of each measure to the City Attorney. The City Attorney shall prepare an impartial analysis for each measure pursuant to California Elections Code Section 9280. - 3 - SECTION 4: FURNISHING OF ALL NECESSARY SUPPLIES. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary to properly and lawfully conduct the election. SECTION 5: CERTIFICATION OF PASSAGE. The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. Will APPROVED AND ADOPTED this 2nd day Of August, 2011. - 4 - Name: Hilario Gonzales Title: Mayor STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-138, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 2, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this j day of August, 2011, at Vernon, California. (SEAL) - 5 - EXHIBIT A EXHIBIT A BALLOT MEASURE AMENDING THE CHARTER OF THE CITY OF VERNON The People of the City of Vernon do hereby amend the Charter of the City of Vernon as follows: 1. Chapter 7.6 of Article VII of the Charter of the City of Vernon will be deleted in its entirety. The provision previously read: "CH: 7.6 Employees All city employees shall serve at the will and pleasure of the city council. No city employee shall have any right to employment with the city unless that employee and the city have entered into a written contract which gives the employee a property right to employment with the city." 2. The City Clerk is directed to certify to the passage of this Charter Amendment and to file it in the Office of the Secretary of State forthwith, and to take such other actions as are necessary to give effect to its passage. PASSED AND ADOPTED BY THE VOTERS THIS DAY OF , 2011. Hilario Gonzales, Mayor ATTEST: Willard G. Yamaguchi, City Clerk A-1 EXHIBIT B EXHIBIT B BALLOT MEASURE AMENDING THE CHARTER OF THE CITY OF VERNON The People of the City of Vernon do hereby amend the Charter of the City of Vernon as follows: 1. Article VI of the Charter of the City of Vernon is amended in its entirety to read as follows: "Article VI. City Administrator. CH: 6.1. Appointment. The city council shall appoint, by majority vote, a city administrator who shall be the chief administrative officer of the City of Vernon. The city administrator shall serve at the pleasure of the council except as may otherwise be provided by written contract. The city administrator shall engage in no other business or occupation except as may be permitted by the council. CH: 6.2. Compensation. Compensation for the city administrator shall be set by the city council. CH: 6.3. Duties. The city administrator shall be responsible to the city council for the proper- and efficient management of all the affairs of the city and those specific duties assigned to the city administrator by this Charter or by the city council. The specific duties of the city administrator may be specified by ordinance, resolution or order of the city council. CH: 6.4. Noninterference. The power to direct the city administrator rests with the council as a governing body, not with its individual members. No individual member of the council, without authorization of the council, shall in any manner direct or request the city administrator to appoint any person to and/or remove any person from any office or position of employment with the city. No individual member of the city council, without authorization of the council, shall give orders or instructions B-1 publicly or privately to any person under the jurisdiction of the city administrator or otherwise interfere with the administrative staff of the city. No individual member of the city council, without authorization of the council, shall undertake to coerce or direct the city administrator with respect to any of the city administrator's duties, and/or any municipal contract, and/or in connection with the purchase of any municipal supplies. CH: 6.5. Eligibility. No person shall be eligible to be appointed city administrator while serving as a member of the city council or within two years following the termination of membership on the city council. CH: 6.6. Other positions. The city council may appoint the city administrator to any other office in the city and direct the city administrator to carry out the duties of that office or any other position of employment with the city in addition to his or her duties as city administrator." 2. The City Clerk is directed to certify to the passage of this Charter Amendment and to file it in the Office of the Secretary of State forthwith, and to take such other actions as are necessary to give effect to its passage. PASSED AND ADOPTED BY THE VOTERS THIS DAY OF , 2011. Hilario Gonzales, Mayor ATTEST: Willard G. Yamaguchi, City Clerk B-2 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: August 3, 2011 TO: Michael Montgomery, Interim City Attorney Mark Whitworth, City Administrator FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2011-138 - A Resolution of the City Council of the City of Vernon Ordering that Measures to Amend the City Charter to Eliminate the At -Will Employment Provision and Amend Article VI Respecting the City Administrator be Submitted to the Voters of the City at the November 8, 2011 Transmitted herewith is a copy of Resolution No. 2011-138 referenced above, which was approved by City Council on August 2, 2011. Thank you. WY:dj Attachment c: Ana Barcia Resolution No. 2011-138 RECEIVED JUL 2 8 2011 CITY CLERK'S OFFICE DATE: July 27, 2011 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: Additional Charter Amendment Measures for November 8, 2011 Election At -Will Emplovment Charter Amendment Measure Vernon's Charter codifies a rule of at -will employment for city employees that bars the City Council from enacting civil service rules for City employees. Vernon Charter Ch. 7.6 ("All city employees shall serve at the will and pleasure of the city council. No city employee shall have any right to employment with the city unless that employee and the city have entered into a written contract which gives the employee a property right to employment with the city."). Based on a thorough analysis of the City's personnel practices, the personnel practices of other municipalities, and California law, it is recommended that the City Council consider whether retention of Charter Chapter 7.6 remains in the best interest of the City. Without removal of this provision, the City is unable to adopt ordinances or policies implementing civil service rules, such as those enacted by several neighboring jurisdictions, including the City of Los Angeles, Burbank, and Glendale. Such rules could be beneficial for the City to help attract and retain qualified City employees through enhanced job security and have the potential of elevating considerations of merit in personnel decisions. To remain competitive with neighboring jurisdictions, the City requires the flexibility to implement such rules where appropriate.. Removal of Chapter 7.6 would not alone change the at - will status of City employees who do not have an employment contract with the City; employees would remain at -will under the California Labor Code unless and until the City were to adopt contrary policies. It would, however, provide the City Council with the authority that it does not currently enjoy, to consider and adopt civil service rules that it deems to be in the best interest of the City and its employees. A charter amendment is required to delete Chapter 7.6 and that requires approval by the City's electorate. It is recommended that the City Council submit a ballot measure to the voters at the next municipal election of November8, 2011, to decide whether to eliminate the at -will employment provision of the City Charter. City Administrator Charter Amendment Measure Article VI of Vernon's City Charter includes certain restrictions on the City Council's authority to remove the City Administrator and reduce the City Administrator's compensation, which do- not reflect best municipal practices. To enhance the accountability of the City Administrator and to ensure that the City of Vernon is at the forefront of best municipal practices, it is recommended that Article VI of the Charter be amended to eliminate these restrictions. It is therefore recommended that the City Council submit a ballot measure to the voters at the next municipal election of November 8, 2011, to decide whether to amend Article VI of the Charter to eliminate provisions that restrict the City Council's authority to remove and reduce the compensation of the City Administrator.