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HomeMy WebLinkAboutMinutes 1999-01-06 Mayor James L. Datzman Council: Joseph A. Fernekes Karyl Matsumoto .~£ugene R. Mullin lohn R. Penna MINUTES City Council Municipal Services Building Community Room January 6, 1999 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO JANUARY 6, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 6th day of January 1999, at 6:00 p.m. in the City Council Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California. Purpose of the meeting: Discussion of filling the vacated position of City Clerk by appointment or calling a special election to fill the Office. Dated: December 30, 1998 City CIg~, Deputy City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Discussion of filling the vacated position of City Clerk by appointment or calling a special election. ACTION TAKEN 6:07 p. m. Mayor Datzman presiding. Council Present: Council Absent: Fernekes, Matsumoto, Mullin and Penna. None. Mayor Datzman introduced the purpose of the meeting, to discuss the vacated scat, and had the City Manager begin. City Manager Wilson stated, with the office being vacated as of the first, the Council has two op- tious one of them is to call a special election or can appoint to fill the unexpired term of the 1/6/99 Page 1 c O5 AQENDA A~!!QN TAKEN .Ascussion of filling the vacated position of City Clerk by appointment or calling a special election. City Clerk. To fill you in with a little more detail under the election laws, if you were to call a special election the first date available would be November. During the interim we would have to necessarily fill those duties, Mary Bolt, is the current Deputy City Clerk and it would probably be our inclination during the interim period to retain Mary in filling those duties and in, those in which she is now, provide what ever support she would need in the interim period. If we go that route, there are a variety of methods we could employe to use every process of noticing. We have a series of options and latitude and hopeful- ly while in this discussion, if you need any details or have any questions of the law, Steve, is re- searching it. About any of the procedures we have to get a handle on dates and an understand- ing of what the process might be. So, Mr. May- or, ! am not sure how far you would like to go. There are some additional items you should be aware of in the staff report and that is prior to the first of the year we have been looking at the Clerk's Office and feel there are a number of areas where improvements could occur or assis- tance could be provided to increase the efficiency of the office, one of which you may be already aware of we have made a more inviting situation, where we have been doing some remodeling, so that the staff will have a nicer environment in which to work; we also commenced a personnel study. There was quite some discussion on and we received a memo today from the prior City Clerk raising some issues on the personnel sys- tern, staff, and my offices approach in retaining Jack Openhumer in the employee relation service to examine transportation and pay studies and to come back to this office with a recommendation in these two areas. The report has yet to be finalized. When it is received it will be shared with the City Council, and you can see what that report would call for. You will see irrespective of what decision you make on the position we feel a need to examine that office for technological advancements that could add to its systems, and how we can possibly approach the 21st century full phase. 1/6/99 Page 2 AfiENDA A~!!QN TAKEN -~iscussion of filling the vacated position of City Clerk by appointment or calling a special election. Mayor Datzman asked, "City Attorney Mattas if he had anything to add. He replied, no most of my information is set forth in the memo, and I am here to answer any questions that Council may have on them." Mayor Datzman said, "in looking over the staff report there is a tendency to just go fight to a decision and solve the issue, however, I feel there maybe some merit stepping back a little bit. One of the issues we are talking about is process and what process we could use to take us where we need to go. One alternative I heard that is part of the process is the special election and Novem- ber is the earliest time. The other alternative I heard was an appointment to the unexpired term, in which case would be;" City Attorney Mattas, "stated 2001." City Manager stated, "two years nine months." Mayor Datzman said, "the issue is what method we will use and what timing is necessary. The other kinds of issues just approached by the City Manager and then I need to know the recommendations. Would Council like to take the approach to explore some of the issues first and see if we are all talking about the same kind of issues and concerns before we decide where we might go?" Councilman Mullin said to the Chair, "what is the memo from June of 1992 that we just received. City Manager Wilson stated, "Mary at the re- quest of Barbara made copies of that and distrib- uted it." Councilman Mullin stated, "just now, and why not in advance, and what am looking at, I can not read this and listen at the same time." City Attorney Mattas stated, "I can summarize this, it is an opinion of the former City Attorney 1/6/99 Page 3 _AC_TIQN TAKEN Jiscussion of filling the vacated position of City Clerk by appointment or calling a special election. in which Mike looked into the issue of the City Clerk's authority to appoint deputies and identi- ties the appropriate statutory code which does authorizes the City Clerk as an elect- ed official the option to appoint deputies. Councilman Mullin asked, "as level employees." City Attorney Mattas stated, "correct, they can actually take any character they do not neces- sarily have to be at will. The City Clerk estab- lishes the parameters. I have looked at that in Section II and agree the Clerk does have the authority to appoint the Deputy City Clerks in their office, that does not mean that they are not City Employees. It just means they have the authority, Councilman Mullin asked, "is this suggesting they are exclusive of the city? City Attorney Mattas stated, "Mike thinks there is case law support dating back to 1982 to suggest that they can be considered independent of other city employees. It is of the opinion of the per- sonnel attorneys of our firm and the issue has been more recently looked at, that the employees are really employees of the City in terms of their relationship in exposure to workmen compen- sation, liability, the city exposure to tort liability and other actions of the employee. He further stated; he offered the opinion to the City Clerk he believes there is a structure for hiring and termi- nating the Deputy City Clerks in their depart- ment and can have sole responsibility different than the City Manager has for all city employees, except for the employees of my department and that is legitimate due to the elected city official status, but does not mean that they are not City employees. It means your management structure starts with the City Clerk similar to the fact that if I were an inhouse City Attorney they would be at will employees and serve only to the pleasure of the inhouse City Attorney and it is very com- mon." 1/6/99 Page 4 ~fiENDA AC!! M TAKEN .Jiscussion of filling the vacated position of City Clerk by appointment or calling a special election. Councilman Mullin stated, "it is identical to em- pioyees in the state legislature, for example who are at will political appointees, but they are still employees for the State with all retirement PEPS., so, the reason I have this memo is what?" City Manger Wilson stated, because the former City Clerk requested that they be distributed to you. It is a secondary issue as to why you are here tonight. You are here tonight to decide on the appointment of the or what to do with the vacancy of the City Clerk. This issue will have to be addressed when I come back to you with a recommendation on how I would recommend you treat the employees of that office short of the Clerk." Mayor Datzman stated, "so, that is what this document is solely for who the City Clerk might hire." City Manager Wilson stated, "again this is a sec= ondary issue. We are just being respectful to a request made by Barbara." Councilman Penna stated, "he was just notified tonight that there was a meeting at 6:00 p.m. no one asked him ahead of time, if it would be con- venient or if he had anything else going on. Typically that does not take place, but if he had been asked he would have said he had another meeting to attend tonight at 7:00 p.m. in Red- wood City. He may have to leave early, but still wishes to participate in this discussion. His sec- ond comment, is since Barbara has announced her retirement he has yet to have anyone call him or any citizen of the community call him to indi- cate their position one way or the other whether we should appoint or elect. Now that there is a vacancy, he would like to take the time and look at the office, see what the duties and obligations are. We may have an opportunity here, and he is 1/6/99 Page 5 AGENDA ACTION TAKEN .~iscussion of filling the vacated position of City Clerk by appointment or calling a special election. not sure if we should have an elected position here or an appointed one or how the office should be structured, so, he would like to hear more about the possibilities that are here for us, and have a little more time and hopefully not make a decision tonight. Councilman Mullin stated, "he had the Airport Roundtable meeting to attend tonight at 7:00 p.m.. He would have preferred a 5:30 p.m. start with all respect; he did not anticipate this taking very long. As he understands, the City Manager and City Attorneys memo, this is not an option right now. We either appoint or we go for a spe- cial election to eliminate this as an elective office is not an option we have at the present time." City Attorney Mattas stated, "it is not an option item on the agenda for discussion tonight, as Council is aware this is a general law city such as if SSF were to change the City Clerks position from elected to appointed, it would require a vote by the people. The Council at some point in the future and in time for the November election can put a Council sponsored initiative on the ballot which could ask the citizens of the City the ques- tion as to whether or not they wanted an elected or appointed position, but is not on the agenda for tonight." Councilman Penna wanted to clarify as far as the appointment is concerned, we would ask or ad- vertise in the newspaper for people who would be interested in the position, is that correct. Councilman Mullin stated, "it is one option, but is not required." Councilman Penna stated, "the other option is we could just come out and appoint, or we could just come out and say go to a special election." City Attorney Mattas stated, you need to either make the appointment by January 30, or the special election by January 30. 1/6/99 Page 6 AfiENDA A~!!QN TAKEN 3iscussion of filling the vacated position of City Clerk by appointment or calling a special election. 1/6/99 Page 7 Councilman Penna wanted to clarify as far as the appointment is concerned, we would ask or ad- vertise in the newspaper for people who would be interested in the position, is that correct. Councilman Muilin stated, "it is one option, but is not required." Councilman Penna stated, "the other option is we could just come out and appoint, or we could just come out and say go to a special election." City Attorney Mattas stated, you need to either make the appointment by January 30, or the special election by January 30. Councilman Penna stated, "that tonight is the first opportunity that Council has had as an option as a body to speak to this, and I am anx- ious to hear what everyone has to say." Councilman Fernekes stated, he understood John and Steve clarified it, if we do not appoint within 30 days of Barbara leaving the office it automati- cally goes to an election. It is very clear and if we want a process and we want to open it up and advertise, we need to talk about this now and allow our residents, if they wish to, to apply. Waiting further lessens that time span, and forces Council to react in less time. There is time now if Council chooses to move ahead. If wishing to appoint we need start the advertisement, they can do that tonight. Council at any time up until that 30 days from now can chose to go special election. Any individuals they wish to appoint need that time frame to allow enough participation in the process, as one Counciimember I would like to see an open process and I would like to see our residents participate, as at this point it is an elec- tive office, that they have the ample time we had as a Councilmember, that we put in the newspa- per, allowing the residents to vie and go to the interview process and get the best selection we can providing we oppose to appoint an individual and that is the process I would like to see. Mayor Datzman stated, that is the alternative that focuses on advertising to get a list of candi AfiENDA ACTION TAKEN _~iscussion of filling the vacated position of City Clerk by appointment or calling a special election. 1/6/99 Page 8 dates and to go through the interview process to fill the unexpired term. Councilman Fernekes stated, "that is my suggestion." Mayor Datzman stated, "he has something to say, but would like to listen first." Councilman Mullin stated, the fact there is almost three years remaining in the term sways him to a special election, in that context, let me ask one or two question. I note the registrar of voters esti- mates that one to two dollars per registered voter in the City would be the cost of the special elec- tion, however, that would be merged with the general election in November of 1999, as he understands it. In addition to Counciimembers being elected, two Councilmembers this coming November what other elections are there taking place this up coming November, nothing, Federal, County, State or School Board, so it is just Mu- nicipal, so, it is two Councilmembers and City Clerk at that time. The cost would be almost negligible since there would be an election any- way. We want to talk about a process that gives everybody a chance to participate for the position that gives everybody ten months from now to run for more than half the term remaining. Would this have been a shorter time, my inclination would have been to appoint a person to fill it. Actually the best reference would be an interim appointment which the City Attorney does not provide me, school, school, it could go either way, just the fact there is a longer time remaining would lead to a special election at a small cost to the City since there will be a Council election at the same time. Those are general thoughts on the matter at this time I can not be persuaded with coach and arguments to move off that. This is where I stand at the present time. Vice Mayor Matsumoto stated, she is for the ap- pointment process. She likes what staff is trying to do to bring this up to the 20th century, but she would not like to see an election process where someone would come into AfiENDA AC~!QN TAKEN .}iscussion of filling the vacated position of City Clerk by appointment or calling a special election. 1/6/99 Page 9 an office that is not fairly functional, she is not comfortable. She stated she is also inclined and has been reading the paper and following other offices, is not sure of the percentage some of the cities are going from elected offices to appointed offices and coming from the administrative sec- tion of that, so much of this is for the public record. I know it is elective, but my concern is if it is appointed there is a process where skills and everything are developed and from that because it has so much to do with legal statements, the financial statements, and public records for years to come, I am inclined now to go to the appoint- ment, where we can really take a look at the office, it would make her comfort level better, and this is a good opportunity. Mayor Datzman stated,"yes if you have a situa- tion where a city has an appointed clerk to quali- ficatious where that position may he well differ- ent, then in a city where you have an elected City Clerk. City Attorney stated, "clearly you would have job specs just like you would have with any other city employee. You may have certain requirements he they job experience or in education they would be handled like all other city employees and they would generally report to the City Manager." Mayor Datzman stated, for an elected position, do we know what the minimum requirements are?" City Attorney stated, "the minimal requirements are being 18 years of age, not convicted of certain crimes, a resident of the city; a registered voter of the city those are the statutory requirements similar to that of a Councilmember." Mayor Datzman asked "Vice Mayor Matsumoto if she had anything further to add and she replied no." Mayor Datzman stated, "the concern he has, you do not often get an opportunity to step back and look at an office, that is an important office, and AfiENDA -~iscussion of filling the vacated position of City Clerk by appointment or calling a special election. 1/6/99 Page 10 I am not sure it is really understood. I think a lot of time things are taken for granted, we do not know yet what kind of things could fall through the cracks. I had enough of that occur in the past where while there was some one pre- forming you understood what they were doing it was not till they left things started falling behind, like "oh was that supposed to be done? We did not know about that. It is my understanding that it could be an error, but I do not think there is a wealth and I asked this question directly of the City Clerk if there were a lot of procedures and policies in place and her response to that is she just never had an opportunity. She was busy doing. In a small office she did not have the opportunity to develop policy and procedures. I would think that in an office in todays age it is important that we have some of those kinds of kinds of products and tools. If they have not occurred, it would be nice to have that in place, everything from riling of critical documents to the timing of the elections and ali procedures and all the legal requirements associated; those are im- portant criteria to be associated within that of- rice. I would like to find out if we are in tune. If we are doing what it is we could be doing, as well as, from an electronic stand point that we could do differently right or wrong, but there may be a lot of things we could do differently better than what we have done; that is not limited to this office. It could occur any number of places at any given point in time. I see an opportunity to do this. The idea of what we have received, memos saying that there is a problem in the way in which people are hired, the type of benefits that are receive, that information has emanated directly from that office, so it is obvious that there are some areas that require further explora- tion. I am personally troubled of the idea of lets plug it quickly, bring somebody in with that host of issues as opposed to taking as much opportuni- ty we can to step back and explore those things and from a policy stand point as what Council would like to see happen. That might require bringing in somebody with professional expertise and some time, so an investment in looking at that office is giving us something objective, so AfiENDA AC:!QM TAKEN Oiscussion of filling the vacated position of City Clerk by appointment or calling a special election. 1/6/99 Page 11 from a policy stand point we could determine, yes, this is the way we would like to see this work, does that make sense or not?" Councilman Mullin stated, "he had a question about that. That issue not withstanding and it is certainly part of the memo, none the less we still have a deadline of 30 days while that process may be on going, what do you intend to do, what is your position with what we do with that office, within that 30 day time frame? If we wait for November Special Election, that gives us 10 months to go through the process that you are talking about, but if we appoint, then that ap- pointment is going to take place and precede all of what you suggested should be done. Mayor Datzman stated, "then we should advertise and go out and interview a variety of people. Do we appoint without advertising, both of those could be done. The next question is do we ap- point somebody that is a member of existing staff with the criteria or the issues associated with that, and it is possible to appoint existing staff?." City Manager stated, "the only requirement would be they are 18 years of age, a registered voter, and reside within the city, that is the legal minimum." Councilman Penna "the office of City Clerk, is the office that maintains the records, basically that is it." City Manager stated, "conducts elections and makes sure the fair political practices forms are processed, the Agendas for Council and does the mechanical part of the agenda and my office sets the agenda, and was Boards and Commissions which have been shifted over to Human Resourc- Mayor Datzman stated, "the City Clerk had a description sent over to the web site, that he believes is an accurate description of her duties: Archivist of City records, maintain records, pre- paring minutes, ACtiUM TAK~ ~)iscussion of filling the vacated position of City Clerk by appointment or calling a special election. providing information to the public, researching records, administering municipal elections, pro- cessing initiative, recalls, referendums, also pro- cesses conflict of interest statements for designat- ed employees, Councilmembers and candidates for Council seats and is a full time salaried posi- tion and I guess that is it. Councilman Penna stated, "what about the sala- ry? We set a salary for Barbara, but that was prior to us knowing that she was going to retire." City Attorney Mattas stated, "the Council has full budgetary authority over the City Clerk, so you can establish whatever salary is appropriate for that office and budgetary authority over the City Manager Wilson stated, "with a key feature, we have always had a manning table for all types of personnel which was budgeting and requesting budget. Councilman Penna stated, "so, what I do not really understand in this day and age even when it took place, why is it an elected office?" Councilman Mullin stated, "with all do respect, the historical information is interesting, but I am not sure that addresses our issue tonight and I know you have to leave and I have to leave. I would like to have an opportunity to vote on this before I leave if we could." Mayor Datzman stated, "in terms of exploring the alternatives, one of the alternatives is to appoint a staff member, for example are there cities where the City Manager also has City Clerks duties, and is that an option." City Attorney stated, yes, to both stated questions, and added that you can employee any city employee to that position." Councilman Penna stated, "we can appoint the City Manager." 1/6/99 Page 12 A~NDA ACTION TAKEN )iscussion of filling the vacated position of City Clerk by appointment or calling a special election. City Attorney stated, "yes, and in fact the City of Pacifica is an example." Mayor Datzman stated, "would that give us the opportunity to ?" City Attorney Mattas stated, "let me remind you that, yes it can be any city employee, but that employee must be a registered voter of this city and must be 18 years old and have residency in the City of South San Francisco." Councilman Fernekes stated, "you can still go through a process in which you can invite the community to participate, after the interview process you still have the same option of appoint- lng an employee of the City or calling a special election. He believes we should offer the opportu- nity to the community even though in evaluating the position you still have the same options of reviewing that position in that office whether you appoint some one or not, am I correct or not, so if we choose to appoint a resident of the city you still have the same option at your hands, to re- view the position, review the office and come up with a recommendation, am I correct no matter who you appoint?" City Manager Wilson stated, "you never forego your options before you make a final decision, it is just the implications of your action." Mayor Datzman stated, you mean your just inter- viewing people and then saying you do no feel they are qualified. Councilman Fernekes stated, he personally be- lieves we should open it up to the community I believe no matter what person you choose, there are going to be others who have applied that are not going to succeed." Councilman Penna stated," what you are saying we can always advertise and ask for interviews with the intent to of appointing." Councilman Fernekes stated, "all your options are still there." 1/6/99 Page 13 AGENDA ACTION TAKEN Oiscussion of filling the vacated position of City Clerk by appointment or calling a special election. Vice Mayor Matsumoto stated, and if we do not find some one we like, then we can go for the election. Councilman Penna stated, "he believes the pro- tess should start and he agrees, but do we have to vote tonight?" City Manger stated, you do not vote tonight to make a decision. If you are going into the advertising process we need to know immediately. Mary did some research for me, once you make your decision we have to get that information to the newspaper four days lag time before it is printed and I know at least one member of coun- cil will be out of town for one week this month, which if we give people adequate time to respond because you know how difficult and people say they never heard never saw, so we want to run it a couple of times you are going to want a resume which means you need to give us that instruction to give you time it interview. Mayor Datzman stated, "he already scheduled the 19th to the 26th." Councilman Penna stated, "can we wait until the Council meeting next week to make a decision?" City Manager answered, "no let me recommend to you, you need to make a decision tonight to direct us to proceed to advertise and even with the advertising on the logistics we looked at the fiscal year in all likelihood you will have to have a special meeting in the last month, meant in the last week of the month at which time you inter- view assuming you want to give the community adequate time to prepare and submit and then it compresses your time, you will probably have to interview and make your decision the same night. Vice Mayor Matsumoto stated, "because if we appoint it is necessary by the end of the month or otherwise we go into a special election. City Manager stated, "we can handle the 1/6/99 Page 14 Afi~NDA Discussion of filling the vacated position of City Clerk by appointment or calling a special election. mechanics for you, but I would request you keep a date open after the last Council meeting, maybe the last Thursday afterward." Mayor Datzman stated, "then we do not need a formal motion." Councilman Mullin stated, "he wanted to be on record.n City Attorney recommend, "you have a formal motion and City Manger recommend a formal consensus on Council to consider an appointive process. You are going to advertise that and there should be a motion on the floor directing staff to advertise the vacancy of the position to solicit resumes and applications and that would be the only motion you need to make tonight, no further action necessary if that is the desire of the Coun- cil." Councilman Fernekes made a motion to proceed with advertisement for appointment, is that cor- rect. City Manager stated, "I will clean it up after you make that decision." Mayor Datzman stated, "there is a motion on the floor for appointment. I meant advertising and interview, is there a second? Vice Mayor Matsumoto stated, second. Mayor Datzman stated, on the question. Councilman Mullin stated, "I am on the question, I vote against this because I have not heard per- suasive argument against going into a special elec- tion, so my vote is no, I will show up for the interview that is the genesis of my no vote." City Attorney stated, "just to clarify the motion is to direct staff to advertise the vacancy that exists in the City Clerk's Office to receive resumes and applications and so there is no further action to be taken." 1/6/99 Page 15 ACTION T A _K __E __N Discussion of filling the vacated position of City Clerk by appointment or calling a special election. ~ECTFULLY SUBMITTED, Mary Lyr~d//Bolt, Deputy City Clerk City of South San Francisco Mayor Datzman stated, "we have a clear motion all in favor Aye-Fernekes, Datzman, Matsumoto. Penna did not say. Mullin said, no." City Manager stated, "there maybe a question raised about compensation he thought John raised that issue. Shall we put in the current salary? I will not put it in the advertisement although you may want to put it in as it is a very attractive salary and may attract a larger number of peo- ple. Councilman Mullin suggested "DOQ, and stated no, that was salary at the end of a career. Vice Mayor Matsumoto added, **no, Barbara earned that after many years, so they suggested DOQ (Depends On Qualifications).** Mayor Datzman stated, "motion to adjourn Penna/Mullin. Adjournment was 6:45 p.m. APPROVED Jan~L. Datzman, May~'~ Citff~ South San Franci~ The entries of this Council meeting show the action taken communications, arguments and comments are recorded on tape are on file in the Office of the City Clerk and are available for inspection, review and copying. by the City Council to dispose of an item. Oral on tape. The tape and douments related to the items are on file in the Office of the City C lerk and are available for inspection, review and copying. 1/6/99 Page 16