HomeMy WebLinkAbout2002-11-20Minutes
City Council/Redevelopment Agency
City of Huntington Beach
(RECESSED FROM MONDAY, NOVEMBER 18, 2002)
Wednesday, November 20, 2002
6:45 P.M. - Room B-8
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Call to Order
Mayor Pro Tern Boardman called the Meetings of the City Council (recessed from Monday,
November 18, 2002 and which this evening met jointly with the Personnel Commission) of the
City of Huntington Beach to order at 6:45p.m. in Room B8.
City Council Roll Call
Present: Green, Dettloff, Boardman, Houchen, Winchell, Bauer (Green arrived 6:47 p.m.)
Absent: Cook
Personnel Commission Roll Call
Present: Morrison, Taylor, Deight, Gooch, Hunt, Zeleznikar
Absent: None
(City Council) Joint City Council/Personnel Commission Meeting Held to Discuss
Commission and Staff Roles and Responsibilities (700.10)
City Administrator Ray Silver announced that the purpose of the joint City Council and
Personnel Commission workshop is to review and discuss:
1. Personnel Commission's role and responsibilities;
2. Overview of significant legal developments;
3. Staff roles;
4. Protocols and procedures; and
5.. Communication improvements.
The complete Personnel Commission Agenda for Wednesday, November 20, 2002 was
included in the Monday, November 18, 2002 agenda packet.
City Administrator Silver introduced Legal Counsel Michael Miller, who spoke at length
regarding the following Late Communications collectively titled Reference Materials. The Late
Communications relate to the topics presented on the Personnel Commission agenda, which
was submitted by the Administrative Services Department for inclusion in the City Council
agenda packet.
(2) November 20, 2002 (Recessed from November 18) Council Minutes - Page 2
1. October 16, 2002 Personnel Commission Minutes;
2. Commission Communication Memo from Michael H. Miller, Legal Counsel dated
November 20, 2002 and titled Commission's Role and Responsibilities;
3. Commission Communication Memo from Michael H. Miller, Legal Counsel dated
November 20, 2002 and titled Legal Developments and Trends — Employment & Labor
Law,-
4. Commission Communication Memo from Michael H. Miller, Legal Counsel dated
November 20, 2002 and titled Role of Commission Legal Counsel; and
5. Commission Communication Memo from Michael H. Miller, Legal Counsel dated
November 20, 2002 and titled Commission'Agendas, Meetings, and the Brown Act.
Legal Counsel Miller presented the sections headed "Employer -Employee Relations Resolution"
and "Memorandum of Understanding (MOU)" found on pages 5 and 6 of the Late
Communication titled Commission's Role and Responsibilities.
Mr. Miller spoke regarding the primary limitations of the Personnel Commission and the
Personnel Commission's authority to hear appeals on grievance matters.
Legal Counsel Miller reviewed Chapter 2.72.070 of the Municipal Code relative to the State
Public Employees Relations Board.
In reference to pages 8 and 9 of said Late Communication titled Commission's Role and
Responsibilities, Mr. Miller elaborated on three categories he stated over which the Commission
does not have jurisdiction.
Legal Counsel Miller covered Rules 12, 14-6, 19, and 20 from the item, "Personnel Rules
(adopted by Resolution)" on pages 4 and 5 of the above -referenced Late Communication.
Mr. Miller next reviewed Rule 19: Grievance Procedure — Non -disciplinary and Rule 20:
Disciplinary Matters.
Mr. Miller made further references to the sections headed "Employer -Employee Relations
Resolution" and "Memorandum of Understanding," from pages 5 and 6 of said Late
Communication. He highlighted bullet points, including the items concerning Section 7.3 on unit
modification and voluntary reduction in lieu of layoff.
In the area of significant legal developments, Mr. Miller summarized changes in the Meyers-
Milias-Brown Act (MMBA), which he stated could affect the Commission. He informed Council
of the potential impact of State Law on cities as it pertains to Senate Bills 739 and 402.
Discussion ensued regarding the delegation of power and issue of binding arbitration by police
and fire units.
Mr. Miller concluded by summarizing on the current jurisdiction and authority of the Personnel
Commission, as set forth on pages 7 through 9 of the Late Communication.
City Administrator Silver spoke next on the roles of the 1.) City Administrator; 2.) Legal Counsel;
3.) Secretary to the Personnel Commission; and 4.) City Attorney.
(3) November 20, 2002 (Recessed from November 18) Council Minutes - Page 3
With respect to the City Administrator's powers and duties, Mr. Silver referred to Sections 400
and 401 of the City Charter, a copy of which was included in the Late Communication packet.
Councilmember Bauer requested a description of the mechanism by which the legal counsel to
the Personnel Commission .is appointed.
Mr. Miller responded,' stating that he was hired by the city on contract, and provided his.
background credentials as a both a former Deputy and Assistant City Attorney.
Commissioner Morrison commended Assistant City Attorney Scott Field, for his caliber of work
serving as the Legal Counsel prior to Mr. Miller's appointment.
City Administrator Silver informed Council that Administrative Services Director Clay Martin
currently holds the lead position of Secretary to the Personnel Commission previously held by
William Osness.
Administrative Services Director Martin introduced members of his staff and briefly summarized
their primary duties in support of the Personnel Commission: Human Resources Manager Irma
Youssefieh; Principal Administrative Analyst Sharon Hennegen and Personnel Analysts Vicky
Berg and Brigitte Charles.
Councilmember Bauer stated his observations regarding grievances within Memoranda of
Understanding (MOU) reflected in past practices. He spoke relative to MOU side letters.
Discussion was held with respect to Legal CounsePs role in grievance procedural. matters that
are referred to the Personnel Commission, such as supplemental hearings and "meet and
confer' issues.
Staff informed Council of the Office of the City Attorney's function to provide management
support; that City Attorney Field and Deputy City Attorney Lee Burke advise department heads
regarding personnel issues, for instance evaluations and temporary suspensions. This was
presented as the reason for hiring separate Legal Counsel to handle Personnel Commission
matters.
The Personnel Commission requested staff to provide an abbreviated status report every 30 to
60 days on all grievances filed.
Administrative Services Director Martin responded that in order to address the concerns of the
Commission, staff has future plans of providing a running chronology from their inception of
grievances fled. Commissioner Morrison concurred that this should prove helpful to. the
process.
City Administrator Silver responded with plans for a series of workshops to be scheduled on a
quarterly basis.
Legal Counsel Miller referred to the Late Communication packet materials relative to the Brown
Act and agendas and minutes.
Human Resources Manager Youssefieh reported on the protocols and procedures for
amendments to the City's Classification Plan.
(4) November 20, 2002 (Recessed from November 18) Council Minutes - Page 4
Director Martin provided additional detailed information; i.e., job codes, unit representation
(bargaining), and instances when a position is exempt from competitive services.
Commissioner. Taylor stated his, observation that the city has too many classifications. He
expressed his belief that this results in less flexibility in the ability to assign and increase
workloads and responsibilities within classifications. .
Director Martin concurred, and Assistant City Administrator William Workman explained how the
process to implement change requires lengthy "meet and confer" labor negotiations.
Councilmember Bauer initiated discussion on the rules of the Fair Labor Standards Act (FLSA).
City Administrator Silver informed Council that 41 positions have currently been eliminated from
the Classification Plan.
City Council Adjournment to Monday, December 2, 2002 at 6:00 p.m., in Room B-8, Civic
Center, 2000 Main Street, Huntington Beach, California. This meeting which normally meets at
5:00 p.m. will be adjourned to 6:00 p.m. by the City Clerk due to an anticipated lack of quorum.
ATTEST:
City Clerk -Clerk
I�L4' aOAL4V__
City C erk and ex-officio Clerk the City
Council of the City of Huntington Beach
and Clerk. of the Redevelopment Agency
of the City of Huntington Beach, California
Mayor -Chairman Pro-Tem