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Home My WebLink About1989-11-14; City Council; 10367; Deputy City Attorney & Secretary I additionsCIT" OF CARLSBAD - AGEND '--BILL ?+ @ RB# 3 6 "7 MTG.11/14/89 DEPT. CA TITLE: ADDITION OF DEPUTY CITY ATTORNEY DEPT. HD.- AND SECRETARY I TO THE OFFICE OF THE CITY ATTORNEY CITY MG RECOMMENDED ACTION: If the City Council concurs, your action is to approve Resolution No. F3Lib407 adopting the classification of a deputy city attorney, adding a Deputy City Attorney and Secretary I to the office of the City Attorney, amending the management salary schedule and Council Policy #36, and further approving a transfer of funds. Introduce Ordinance No. n 5-93 adding the deputy city attorney as an unclassified position. ITEM EXPLANATION The last change in the City Attorney's office personnel occurred in 1978 when the Council added an Assistant City Attorney. The City's population at that time was 32,000. During the next 11 years the City's population, employees, functions and activity level have approximately doubled. This creates the need for the addition of a Deputy City Attorney and Secretary I to continue to provide an adequate level of service. This is accomplished by the _j attached Resolution. The resolution contains the following actions : 1. 2. 3. 4. If Adopt the classification of Deputy City Attorney and direct the City Manager to add it to the City's classification plan. Amend the management salary schedule to add the Deputy City Attorney position at the bi-weekly salary range of $1,800- $2 , 297. Approve a fund transfer in the amount of $48,434 from contingency to the department's salary accounts. It is anticipated that the Secretary I position will be filled effective February 1, 1990 and the Deputy City Attorney effective March 1, 1990. Amend Council Policy No. 36 and the Management Compensation Plan. the City Council concurs, your action is to adoPt Resolution .- No. %@l-~~ . It is also necessary for the Cit'y Council to introduce Ordinance No. $-93 amending Chapter 2.44, Personnel, to add the Deputy City Attorney position on the same terms and conditions as the Assistant City Attorney. FISCAL IMPACT The personnel costs total approximately $48,434 for the remainder of the 1989-90 fiscal year. This cost will be funded by a transfer from the general fund contingency account. EXHIBIT Resolution No. Ordinance No. i ,1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD , CALIFORNIA APPROVING A CLASSIFICATION AND FUND TRANSFER, AND AMENDING THE MANAGEMENT SALARY SCHEDULE, COUNCIL POLICY NO. 36 AND MANAGEMENT COMPENSATION PLAN TO PROVIDE FOR A DEPUTY CITY ATTORNEY AND SECRETARY I IN THE OFFICE OF THE CITY ATTORNEY WHEREAS, the City Council has determined that it is necessary to add a position for a Deputy City Attorney and Secretary I in the office of the City Attorney and desires to take the necessary steps to do that, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the classification for the position of Deputy City Attorney as described in Exhibit A attached hereto and made a part hereof and therefore directs the City Manager to add that classification to the City of Carlsbadls classification plan. 3. That the management salary schedule is hereby amended to add the position of Deputy City Attorney at a biweekly salary range of $1,800 - $2,297. 4. That the fund transfer in the amount of $48,434 from the general fund contingency account to the City Attorney's department accounts as follows is hereby approved: a. 001-820-1210-1100 Salaries $36,965. b. 001-820-1210-1910 Disability $192. c. 001-820-1210-1920 Retirement $5,684. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- d. 001-820-1210-1940 Health and Life Insurance $5,593. 5. That Council Policy No. 36, Management Salaries, shall be amended by the amendment of paragraph 8 by the addition of the following words at the ends of the last sentence, 'land the Deputy City Attorney.Il 6. That the management compensation plan, Section 3, management salary schedule shall be amended by the amendment of the last sentence of the third paragraph by the addition of the following after the words Assistant City Attorney, "and the Deputy City Attorney. I* 7. Amend the Fiscal Year 1989-90 budget to include the position of Secretary I and Deputy City Attorney in the Office of the City Attorney. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of November 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsor NOES: None ABSENT: None ATTEST : fa- ALETHA L. hAUTENKRAN2, City Qlerk (SEAL) Attachment A Resolution No. :31 -LIL-/ DEPUTY CITY ATTORNEY DEFINITION Under general direction of the City Attorney, to perform highly responsible legal work relating to City business; to represent the City at administrative and court hearings and to perform related work as assigned. DISTINGUISHING CHARACTERISTICS This is a professional legal and administrative position requiring work in research, consul tation and court trials. Incumbents will prepare briefs for court cases, i nvest i gate activities including off criminal trials. EXAMPLES OF DUTIES Provides legal advice to .. claims and represent the City in code enforcement ce hearings, administrative hearings and civil or City Council, City Manager, Assistant City Manager, members of boards and commissions and City department heads; performs legal research and interprets and applies laws, decisions and other legal authority. Litigates all assigned cases, including claims against City and violations of ordinances and codes. Acts as legal advisor to code enforcement division of the community development department, the pol ice department, fire department, building department, housing off i ce and zoning enforcement. Prepares appellate briefs and arguments. Prepares various legal documents including contracts, ordinances, resolutions, leases, motions, deeds, memoranda, opinions and other documents. Reviews and updates ordinances, rules and regulations necessary for municipal compliance with State and Federal laws, including environmental, financial disclosure, conflicts of interest, political reform, subdivision, redevelopment, planning, coastal act and housing laws. May assign, supervise and review the work of professional and clerical subordinates involved in a wide variety of legal research and record maintenance work. Represent the City in the community and with professional organizations. May serve on committees. QUALIFICATIONS Know1 edqe of: State and local government law, redevelopment law, property law, labor law and contract law. Ability to: Prepare 1 egal documents . Review 1 egal i ssues. Communicate clearly and concisely, orally and in writing. Represent the City in litigation. ExDerience and Education Any combination equivalent to the experience and education that could 1 i kely provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: ExDerience One year of professional municipal law experience. Education Equivalent to graduation from an American Bar Association accredited law school and admission to the California State Bar Association. CITY OF CARLSBAD EXHIBIT B MANAGEMENT SALARIES BI-WEEKLY SCHEDULE NOVEMBER 14, 1989 POSITION TITLE 1 2 3 4 5 6 ADMIN ASST - CONTRACTS 1486 1560 1638 1720 1806 1896 AQUATIC SUPERVISOR 1540 1617 1698 1783 1872 1966 ARTS MANAGER 1658 1741 1828 1919 2015 2116 ASSI STANT ASSISTANT ASSI STANT ASS I STANT ASS I STANT ASS I STANT ASSISTANT ASSISTANT CITY ATTORNEY 2579 CITY ENGINEER 2162 CITY MANAGER 2579 FINANCE DIRECTOR 1716 LIBRARY DIRECTOR 1664 PLANNING DIRECTOR 2128 TO CITY MANAGER 2063 UTILITIES/MAINT. DIR. 2106 BUILDING DIRECTOR 2206 BUILDING MAINT SUPERINT. 1722 BUILDING MAINT SUPERVISOR 1540 CITY ATTORNEY 2774 CITY ENGINEER 2352 CITY MANAGER 2920 COMMUNITY DEVELOPMENT DIRECTOR 2579 COMMUNITY REDEVELOPMENT DIR 2254 COMMUNITY ARTS COORDINATOR 1287 CONSTRUCTION SUPERVISOR 1510 DEPUTY CITY ATTORNEY 1800 DEVELOPMENT PROCESSING MANAGER 1535 ELECTRICAL OPTNS SUPERVISOR 1540 EQUIPMENT MAINT. SUPERINTENDENT 1722 EQUIPMENT MAINT. SUPERVISOR EXECUTIVE ASSISTANT FINANCE DIRECTOR FIRE BATTALION CHIEF FIRE CHIEF HOUSING PROGRAM ADMINISTRATOR INFORMATION SYSTEMS DIRECTOR LIBRARY DIRECTOR MANAGEMENT ANALYST MANAGEMENT ASSISTANT MANAGER RESEARCH AND ANALYSIS MEDIA SERVICES MANAGER METER SHOP SUPERVISOR MUNICIPAL PROJECTS MANAGER PARK SUPERVISOR PARKS SUPERINTENDENT PARKS AND RECREATION DIRECTOR 1540 1486 2201 2146 2718 1469 2201 2134 1287 1161 2039 1287 1540 2162 1540 1722 2242 2708 2270 2708 1801 1747 2235 2166 2212 2316 1808 1617 2913 2470 3066 2708 2367 1352 1585 1890 1612 1617 1808 1617 1560 2311 2253 2854 1542 2311 2240 1352 1219 2141 1352 1617 2270 1617 1808 2354 2843 2384 2843 1892 1835 2347 2275 2322 2432 1899 1698 3058 2593 3219 2843 2485 1419 1665 1985 1692 1698 1899 1698 1638 2426 2366 2997 1620 2426 2352 1419 1280 2248 1419 1698 2384 1698 1899 2472 2985 2503 2985 1986 1927 2464 2388 2438 2554 1993 1783 3211 2723 3380 2985 2610 1490 1748 2084 1777 1783 1993 1783 1720 2548 2484 3146 1700 2548 2470 1490 1344 2361 1490 1783 2503 1783 1993 2595 3135 2628 3135 2085 2023 2587 2508 2560 2681 2093 1872 3372 2859 3549 3135 2740 1565 1835 2188 1866 1872 2093 1872 1806 2675 2608 3304 1786 2675 2593 1565 1412 2479 1565 1872 2628 1872 2093 2725 3291 2759 3291 2190 2124 2716 2633 2688 2816 2198 1966 3541 3002 3727 3291 2877 1643 1927 2297 1959 1966 2198 1966 1896 2809 2739 3469 1875 2809 2723 1643 1482 2602 1643 1966 2759 1966 2198 2861 POSITION TITLE 1 2 3 4 5 6 ................................................................... PERSONNEL DIRECTOR 2035 2137 2243 2356 2473 2597 PLANNING DIRECTOR 2373 2492 2616 2747 2884 3029 POLICE CAPTAIN 2240 2352 2470 2593 2723 2859 POLICE CHIEF 2651 2784 2923 3069 3222 3383 POLICE LIEUTENANT 1943 2040 2142 2249 2362 2480 PRINCIPAL BUILDING INSPECTOR 1834 1926 2022 2123 2230 2341 PRINCIPAL CIVIL ENGINEER 1981 2080 2184 2294 2408 2529 PRINCIPAL CONST. INSPECTOR 1794 1884 1978 2077 2181 2290 PRINCIPAL PLANNER 1794 1884 1978 2077 2181 2290 PRINCIPAL RECREATION SUPERVISOR 1658 1741 1828 1919 2015 2116 PUBLIC INFORMATION OFFICER 1486 1560 1638 1720 1806 1896 PURCHASING DIRECTOR 1716 1801 1892 1986 2085 2190 RECREATION SUPERINTENDENT 1722 1808 1899 1993 2093 2198 RISK MANAGER 2091 2195 2305 2420 2541 2668 SENIOR CITIZEN COORDINATOR 1658 1741 1828 1919 2015 2116 SENIOR MANAGEMENT ANALYST .1486 1560 1638 1720 1806 1896 SEWER MAINTENANCE SUPERVISOR 1540 1617 1698 1783 1872 1966 STREET MAINT SUPERINTENDENT 1722 1808 1899 1993 2093 2198 STREET MAINTENANCE SUPERVISOR 1540 1617 1698 1783 1872 1966 TRAFFIC ENGINEER 2072 2175 2284 2398 2518 2644 UTILITIES MAINT DIRECTOR 2242 2354 2472 2595 2725 2861 UTILITIES MAINT SUPERINTENDENT 1722 1808 1899 1993 2093 2198 WATER MAINT SUPERVISOR 1540 1617 1698 1783 1872 1966 Page 1 of 2 Policy No. ?e Effective Date CITY OF CARLSBAD COUNCIL POLICY STATEMENT Date Issued 11/ 14/89 MANAGEMENT SALARIES Management Salary Ranges and Supersedes NO, 36 (Issued 11 I1 l/ 1 General Subject: Cancellation Date "y" J - Management Salary Schedules 8/15/89 Specific Subject: Copies to: City Council, City Manager, City Attorney, Department and Divisions Heads, Employee Bulletin Boards, Press, File PURPOSE To establish an orderly and objective process for the setting of management salary ranges and the administration of management salary increases. STATEMENT OF POLICY 1. 2. 3. 4. 5. 6. Management salary ranges shall be comprised of six steps (5%) between steps. Salary merit increases and/or bonus payments shall be no more than 10% per year, with the exception that any manager who is below the bottom of his or her stated range, or an inequitable relationship exists, may receive an increase of up to 10% based on evaluation of performance. Further, any manager at the top of the range may be granted up to a 5% merit increase above the existing range based on performance. Authority to grant increases beyond the range would expire December 31 of the pay plan year. General across the board sal ary increases granted to mi scell aneous City bargaining units shall be passed through to miscellaneous management employees, the City Manager, and the City Attorney. General across the board salary increases granted to police and fire City bargaining units shall be passed through to police and fire management employees . Merit increases for the City Manager, the City Attorney, and all other management employees will generally occur in January and general across the board adjustments will occur as they are granted to 'the other city bargaining units. Managers will be eligible to earn executive lease up to 56 hours per year on a basis of one hour worked for one hour earned. Salary range adjustments shall be recommended annually by the City Manager for all management employees based on the following criteria: A. The salary survey shall be limited to the Cities of Oceanside, Escondido, La Mesa, El Cajon, Chula Vista, National City, and Coronado. The City of Carlsbad salaries shall be shown in comparison with the survey data. Page 2 of 2 Policv No. 36 CITY OF CARLSBAD I COUNCIL POLICY STATEMENT Date Issued 1 1/ 14/89 MANAGEMENT SALARIES Effective Date lw General Subject: Cancellation Date None Management Salary Ranges and Supersedes No. 36 (Issued Management Salary Schedules 01 15/89 Specific Subject: Copies to: City Council, City Manager, City Attorney, Department and Divisions Heads, Employee Bulletin Boards, Press, File B. C. D. E. F. 7. A. B. A salary survey shall be conducted as described herein between September 15 and November 15 each year. Salary ranges as prescribed by the survey shall be presented to Council for consideration and may become effective January 1 the following year. The survey shall consist of the top step of each salary range for the positions indicated in part 6E below. the lowest top step shall be eliminated when determining the range of top steps. The top step of the City’s salary range for the surveyed positions shall be set at 90% of the range defined by the high and low cities as determined in 6C. the City Manager’s salary. The agency with the highest and The City Attorney which shall be benchmarked at 95% of The following benchmark positions should be included in the salary survey : City Manager Finance Di rector P1 anni ng Director Assistant City Manager Personnel Director Bui 1 di ng Director Police Chief Library Director City Engineer Fire Chief No employee shall lose pay if their salary range is decreased due to the sal ary survey. The City Manager shall determine which positions included in the survey are comparable to management positions within the City of Carlsbad. When a City of Carlsbad management position has not comparable position in the salary survey, the City Manager shall analyze the responsibilities and duties of such position and shall recommend placement within the management compensat i on pl an. 8. The City Manager may from time to time recommend range and salary adjustments in excess of 10% for certain specific management titles based on unforeseen events, changes in agreements with other bargaining units, or market considerations. Salary increases for individual managers affected by range adjustments will be governed by Section 3 of this policy. may perform the tasks assigned to the City Manager for the Assistant City Attorney and the Deputy City Attorney. The City Attorney MANAGEMENT COMPENSATION PLAN Exhibit B I. INTRODUCTION. this attachment constitutes the Management Compensation Plan (MCP). The MCP contains three parts, an introduction, a schedule of benefits, and a salary schedule. A. DEFINITIONS 1. Manaqement EmDl ovees. Management employees are defined under the provisions of Carlsbad Municipal Code Section 2.48.030 (7). 2. Citv Council ADDointed EmDlovees. The City Manager and City Attorney are hired by and responsible directly to the City Council. The salaries for these position-s shall be set by the City Council. The non-salary compensation provisions of the MCP shall apply to these positions except as otherwise provided by the City Council. 11. SCHEDULE OF BENEFITS A. LIFE INSURANCE. All management personnel shall receive City paid life insurance in an amount equal to two times the basic yearly earnings. To determine benefits, the amount of insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple. B. RETIREMENT. All management personnel shall participate in the Pub1 ic Employees' Retirement System on the same basis as other employees of their respective departments. C. RETIREMENT CONTRIBUTION. All management employees shall have their portion of the retirement contribution to the Public Employees' Retirement System paid by the City, on the same basis as other employees of their respective departments, as provided by Government Code Section 20615. D. VACATION. All management employees shall earn vacation on a basis equal to that of other employees in their respective department except for management employees with comparable service in 1 oca1 government agencies may be granted credit for such service for the purpose of computing vacation at the discretion of the City Manager. All management employees shall be permitted to accumulate up to and including forty (40) days of vacation. The City Manager shall be responsible for the granting of vacation to all management personnel, except in the case of the Assistant City Attorney, where the City Attorney shall be responsible for granting vacation. E. EXECUTIVE LEAVE. All management personnel shall be eligible to earn executive leave, except the positions of the Police Captain and Police Lieutenant. A maximum of 56 hours per year are eligible for executive leave. Executive leave will be credited to each management level employee as hours are earned as determined by the administrative pol icy established by the City Manager. .- As of July 1, 1986, all management employees will be required to earn executive leave on an hour per hour basis. The City Manager is authorized to pay overtime to any management employee who is required to work extended hours due to emergencies such as fires, storms, floods, or other emergencies. The position of Police Lieutenant shall receive overtime at the rate of time and one-half for actual hours worked. F. SICK LEAVE. All management personnel shall be granted sick leave on a basis equal to that of other employees in their respective departments. G. SICK LEAVE CONVERSION. Any management employee who has accrued and maintains a minimum of one hundred (100) hours of sick leave shall be permitted to convert up to twelve (12) hours of sick leave and uncompensated sick leave to vacation at a ratio of three (3) sick leave days per one (1) day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. If conversion to vacation is not elected, earned sick leave will be added to the existing total . H. SEPARATION COMPENSATION. A1 1 uncl assi f ied management empl oyees involuntarily separated from the City service due to budget cutbacks, layoffs, contracting out of service or for other reasons not due to misconduct which would justify involuntary separation for cause of a permanent classified employee shall receive thirty (30) working days salary computed at the salary range of the employee at the time of separation. I. HOLIDAYS. All management employees except for the position of Police Lieutenant, shall enjoy paid holidays in accordance with the schedule of eleven (11) established by the City Council. The position of Police Lieutenant shall receive holiday pay at the rate of time and one-half in lieu of receiving holidays off. The Lieutenant in charge of the police investigations division shall receive time and one-half for all holidays actually worked. J. MEDICAL, DENTAL AND VISION INSURANCE. The City agrees that the insurance premium cost will be apportioned so that 80% of the premium payment will be paid by the cit and 20% will be paid by the employee. K. ANNUAL PHYSICAL EXAMINATION. All management employees shall be eligible for reimbursement of up to the amount of three hundred fifty dollars ($350) during each fiscal year to pay the cost of an employee’s annual physical examination. Such examination may be accomplished by a physician of the employee’s choice. Each employee claiming reimbursement shall be required to authorize the release of a copy of the results of the examination to the City Manager or his designated employee. INCOME PROTECTION INSURANCE. A1 1 management personnel shall be granted income protection insurance coverage equal to that provided other employees in their respective department. Long-term disability is available for all management personnel after 30 days of disability. L. . M. DEFERRED COMPENSATION. The City shall provide a deferred compensation plan which may be utilized by any management employee. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. N. HEALTH EMPLOYEE AWARD. The Healthy employee Award is earned by those management employees using not more than one day of sick leave in a calendar year period. Each employee earning this will be eligible for a $100 Cash Award. 111. MANAGEMENT SALARY SCHEDULE. The management salary schedule,, attached hereto as Exhibit B, shall establish a salary range for each management position. The City Manager shall have authority to determine the salary for each management employee within the salary range established for each management position. The City Manager may delegate to department heads the authority to set salaries for management personnel under supervision of the department head. The City Manager may grant merit salary increases not to exceed 5% in January. Salary adjustments within the salary range shall be based on performance. The salary level within the sal ary range of a1 1 management employees shall be reviewed in January. Salary adjustments shall be made at the discretion of the City Manager subject to any limitation or controls imposed by the City Council. The City Attorney shall have authority to determine the salary level of the Assistant City Attorney and Deputy City Attorney within the salary range established for the positions. Employees at the top of the range may be granted up to a 5% merit increase above the existing range based on performance. Authority to grant increases beyond the range would expire December 31 of the pay plan year. The City Council shall set the salary of the City Manager and City Attorney . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 2E ORDINANCE NO. NS-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 2, CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 2.44.030 AND 2.44.050 TO ADD A DEPUTY CITY ATTORNEY AS AN UNCLASSIFIED EMPLOYEE. The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 2, Chapter 2.44 of the Carlsbad Municipal Code is amended by the amendment of Section 2.44.030(10) to read as follows: 'I (10) SECTION 11: That Title 2, Chapter 2.44 of the Carlsbad Municipal Code is amended by the amendment of Section 2.44.050 to revise the third paragraph to read as follows: Assistant City Attorney and Deputy City Attorney." Assistant City Attorney and Deputy City Attorney. "The City Attorney shall have appointing power for the EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 14th day of November , 1989, and thereafter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- PASSED AND ADOPTED at a regular meeting of the City( I Council of the City of Carlsbad on the 21st day of November I 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: Council Member Larson ANR LEGALITY ATTEST : ALETHA L. %AUTENKRANZ , CitdClerk 2