HomeMy WebLinkAboutCity Attorney - Salary Resolutions - 1990 - 1991 Resolution REQUEST FOR CITY COUNCIL ACT .
May 20, 1991
Date
Submitted to: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Submitted by: GAIL HUTTON, CITY ATTORNEY Appg®vEID BY CITY COUNCIL
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Prepared by: GAIL HUTTON, CITY ATTORNEY
Subject: BENEFIT AND SALARY CHANGE - CITY ATTORN Y
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Consistent with Council Policy? [A Yes [ ] New Policy or Exception /e -;44 ,z 8Z/-
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
Approve a salary level and benefits increase equivalent to that
granted appointed department heads .
RECOMMENDED ACTION:
1. Approve Resolution 6,2F1y- providing for a 1991
salary increase and fringe benefits for the City
Attorney for fiscal year 1991/92 and a salary
change from 560E to 577E effective December 23, 1990 .
2 . Approve the amendment of the 1990/91 budget to
reduce the contribution to the Retiree Medical
Fund for the City Attorney from 3% of payroll to
1% of payroll .
3 . Instruct the City Administrator to include salary
increases for the City Attorney that are consistent
with increases being provided other department directors
in the 1991/92 and 1§92/93 budgets .
ANALYSIS:
The recommended salary increase is equal to that granted
appointed department heads and nonassociated employees and has
been negotiated in tandem with the MEO and the nonassociated
employees since December 1990 pursuant to the city practice.
This increase will maintain parity with other management and
professional positions and those within the City Attorney° s
department itself .
P10 5/85
Request for Council Action
May 20, 1991
Page 2
FUNDING SOURCES:
Personnel Services Accounts .
ALTERNATIVE ACTIONS:
Deny the salary increase or modify to some other amount .
ATTACHMENTS
Resolution No .
Resolution No . 6274 - Benefit and Salary Changes for
Nonrepresented Employees .
00, 3 o
"fe CITY OF HUNTING TON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTiNGTON BEACH
HONORABLE MAYOR JACK KELLY & GAIL HUTTON
TO MEMBERS OF THE CITY COUNCIL From City Attorney
The Inherent Incompatibili-ty February 25 , 1987
Subject Holding An Elected Office and Date
Any Other City Employment at the
Same Time
The question has been posed "may an elected city official hold
other employment with the city? "
Answer : No .
Conclusion
The elected city officials are the City Clerk, City Treasurer ,
City Attorney and the Mayor and Councilpersons .
The Law
The inconsistency which at comumon law makes offices
" incompatible" does not consist in any physical impossibility
to discharge the duties of both offices, but in a conflict of
interests , as where one is subordinate to the other and
subject in some degree to the supervisory power of its
incumbent , or where the incumbent of one of the offices has
the power to remove the incumbent of the other or to audit the
accounts of the other . People on the Complaint of Chapman v ..
Rapsey ( 1940) 107 P . 2d 338 (quoting 46 Cal . Jur . 941) .
Analysis
The question addressed in this opinion is the incompatibility
between the offices of elected City Treasurer and City
Business License Manager .
The elected City Treasurer is required by Charter to perform
certain designated city functions . If , as is contended, the
incumbent City Treasurer also performed a separate position in
city government , as an employee, he would, of necessity
" report" to a "superior . " The choices are :
A) The City Administrator;
B) Some other elected officer (other than himself, i . e . ,
. the Mayor, the Clerk or Attorney, or the Council as a body) ;
C) A subordinate of (A) or (B) .
In any conceivable situation, in his second or employee
capacity the rule of incompatibility as recited above would be
HONORABLE MAYOR JACK KELLY &
MEMBERS OF THE CITY COUNCIL
February 25, 1987
Page 2
violated. The penalty is that by accepting the second and
incompatibile office one vacates the first office . Thus , if
Mr . Hall accepted a subordinate position in city employment,
he would, ipse dixit , forfeit his City Treasurer position.
The Charter avoids this result by expressly providing that the
elected Treasurer and Clerk may be given other "consistent"
duties . By Resolution 5311 adopted on October 17, 1983 , it
was very carefully expressed that the City Treasurer was being
assigned additional duties pursuant to. Charter Section 311 (e) ,
and that the position of City Business License Manager was
being abolished .
The compensation was continued to be split on the apparent
theory that if the council later determined it was in the
city' s. .interest to divest the Treasurer of the license manager
duties, it would be a simple matter to subtract the
compensator for those duties from the Treasurer ' s compensation
package .
A copy of Resolution 5311 is attached .
Conclusion
Adoption of Resolution 5311 established the assignment of the
business license manager duties to the Treasurer , it abolished
the separate position of city business license manager in the
personnel system which had been held by Dan Brennen. It made
clear that the City Treasurer did not hold two positions in
city employment, dispelling the fiction that the City
Treasurer was an elected official and a member of the
personnel system, a fiction which, if true, would have
violated Charter Section 403 (which exempts elected officials
from the personnel system) and obviated any conflict of
interest problem for the City Treasurer incumbent on the
compatibility doctrine .
GAIL HUTTON
City Attorney
cc : Warren Hall, City Treasurer
Charles Thompson, City Administrator
Robert Franz, Deputy City Administrator/
Chief of Administrative Services
r/o U. 7o
REQUEST FOR CITY COUNCIL ACTION,cz/w
Date July 2, 1990 � �
HONORABLE MAYOR, TOM MAYS AND MEMB
Submitted to: OUNCIL AFP'RO ITY COUNCIL
Submitted by: AIL HUTTON, CITY ATTORNEY �4 �� 19
Prepared by: GAIL HUTTON, CITY ATTORNEY
CITY C ERK
Subject: RESOLUTION NO. (o/$�Z; SALARY AND BENEFITS OF CITY ATTORNEY
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The salary and benefits of the position of elected City Attorney are not in parity with
comparable cities in California.
RECOMMENDATION:
Adopt the attached resolution providing an increase in salary consistent with the 3.5%
cost of living increase provided other nonassociated (Department Head) employees in
1990-91.
City Attorney Comparative Salary Data:
Attached is a survey of City Attorneys' salaries in cities of comparable size to
Huntington Beach. Averaging the top step of each city's range gives a ten city average
salary of $97,422. Fringe benefits are basically identical. With the increase requested,
the Huntington Beach City Attorney's compensation would be $91,764 per year. This
would place the Huntington Beach City Attorney compensation in descending order at 7th
out of 10 comparable cities.
TFUNDING SOURCE:
The general fund. G��
ATTACHMENTS: ,
1. Salary surveys
2. Resolution
9�
PIO 5/85
SALARY SURVEY OF CITY ATTORNEYS
JUNE, 1990
DESCENDING ORDER BY SALARY
CITY POPULATION SALARY
1. Long Beach 480, 000 $117, 000
2 . Santa Ana 225, 000 $111,252
3 . Anaheim 250, 000 $103 , 000
4 . Stockton 192, 000 $ 98, 196
5 . Riverside 218, 000 $ 95, 024
6 . San Bernardino 150, 000 $ 91, 896
7 . Bakersfield 160, 000 $ 90, 576
8 . Sacramento 340, 000 $ 89 , 520
9 . Fresno 317, 000 $ 89 , 148
10 . Huntington Beach 188, 000 $ 88, 608
Average $ 97,422
High $117, 000 Long Beach
Low $ 88, 608 Huntington Beach
SALARY SURVEY OF CITY ATTORNEYS
JUNE, 1990
DESCENDING ORDER BY POPULATION
CITY POPULATION SALARY
1. Long Beach 480, 000 $117, 000
2 . Sacramento 340, 000 $ 89, 520
3 . Fresno 317, 000 $ 89, 148
4 . Anaheim 250, 000 $103, 000
5 . Santa Ana 225, 000 $111,252
6 . Riverside 218, 000 $ 95, 024
7. Stockton 192, 000 $ 98, 196
8 . Huntington Beach 188, 000 $ 88, 608
9 . Bakersfield 160, 000 $ 90, 576
10 . San Bernardino 150, 000 $ 91, 896
�. 'f'F RESOLUTION NO. 6182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH SETTING COMPENSATION FOR
THE CITY ATTORNEY
WHEREAS, the City Charter provides that the compensation of the
City Attorney be set by resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Huntington Beach as follows :
1 . From and after the date July 1, 1990 , the compensation for
the elected position of City Attorney is hereby established at Range
560E, $7 , 647 per month. Fringe benefits shall be identical to the
benefits awarded to nonassociated employees including appointed
department heads .
2 . That the salary and benefits, as established herein shall
remain in effect until changed by succeeding resolution .
3 . Any other resolutions of the City of Huntington Beach in
conflict herewith are hereby repealed .
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 16th day
of July 1990 .
Mayor
ATTEST: APPROVED AS TO FORM:
�D
City Clerk City Attorne
INITIATED, REVIEWED AND APPROVED:
i y Administr for
r '
Res. No. 6182
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
Of- July 1990 by the following vote:
AYES: Councilmembers:
MacAllister, Winchell, Green, Mays, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister, Silva (out of room)
City er an ex-officlo Clerk
of the City Council of the City
of Huntington Beach, California