The URL can be used to link to this page

Home My WebLink About55A - RESO - CITY MANAGER AUTHORITYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: ADOPT RESOLUTION REPEALING RESOLUTION 2005 -051, DESIGNATING THE OFFICERS OF THE CITY AUTHORIZED TO EXERCISE THE AUTHORITY OF THE CITY MANAGER IN THE ABSENCE OF THE CITY MANAGER, AND DESIGNATING SALARY AND BENEFITS FOR THE ACTING CITY MANAGER AFTER SERVICE OF MORE THAN THIRTY DAYS {STRATEGIC PLAN NO. , 4a} lid CIT ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt the proposed Resolution Repealing Resolution 2005 -051, Designating the Officers of the City Authorized to Exercise the Authority of the City Manager in the Absence of the City Manager, and Designating Salary and Benefits for the Acting City Manager After Service of More than Thirty Days. DISCUSSION In 2005, the City Council adopted Resolution 2005 -051 identifying those City officers authorized to act as the City Manager in the absence of the City Manager. Since 2005, the City changed several titles of executive employees and titles for those officers and employees identified in the 2005 resolution no longer exist. For example, the City does no longer has a Fire Chief or a Deputy City Manager for Development Services. Under the City's existing employment regulations and practices the City provides additional compensation and benefits to those employees who agree to serve in a higher level classification in an "acting" capacity. However, current regulations do not provide for an Acting City Manager serving without a contract. The proposed Resolution identifies those City officers and executives who are authorized to serve as the Acting City Manager in the absence of a designation by the current City Manager or the City Council. Santa Ana City Charter provides that the City Manager may designate a person to act in his or her position for a temporary period and the City Council has the authority to appoint an Acting City Manager. The succession identified in the proposed Resolution will only apply when a City Manager has not made an aptpier or the City Manager has left the service of Designating the Officers Of the City Authorized to Exercise the Authority of the City Manager in the Absence of the City Manger May 2, 2017 Page 2 the City and the City Council has not appointed an Acting or Interim City Manager. The succession is proposed as follows: (1) Assistant City Manager (2) Deputy City Manager (3) Chief of Police (4) Executive Director of Finance and Management Services (5) Executive Director of Personnel Services As for compensation and benefits for an Acting City Manager, the proposed Resolution provides that any person serving for more than 30 days in an acting capacity, without a contract or specific approval by the City Manager, shall receive the pay and benefits provided to the Police Chief plus one ($1) dollar. The Acting City Manager, will not, however, receive any pay or benefits that are specific to public safety officers. The pay and benefits are specified to be retroactive to the 31st day of service. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 — Team Santa Ana, Objective #4 (Establish employee compensation that attracts and retains a highly qualified workforce), Strategy A (Ensure compensation is sufficient to attract and retain properly skilled employees and is comparable to other public agencies). FISCAL IMPACT There is no financial impact to approving the proposed Resolution. In nearly all cases, the compensation and pay for a City Manager will exceed the proposed "acting pay" identified in the Resolution. Sonia R. Carvalho City Attorney City Attorney's Office 55A -2 SRC 5/2/17 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION 2005 -051, DESIGNATING THE OFFICERS OF THE CITY AUTHORIZED TO EXERCISE THE AUTHORITY OF THE CITY MANAGER IN THE ABSENCE OF THE CITY MANAGER, AND DESIGNATING SALARY AND BENEFITS FOR THE ACTING CITY MANAGER AFTER SERVICE OF MORE THAN THIRTY DAYS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. By Resolution 2005 -051, the City Council deputized certain City officers with the power to act as city manager under certain circumstances. B. With changes among titles of officers of the City, the City Council finds it necessary and advisable to repeal resolution 2005 -051; revise the order of delegation of powers of acting city manager; and establish the rules for compensating an acting city manager serving for more than 30 days. Section 2. Resolution 2005 -051 is hereby repealed and shall have no further force or effect. Notwithstanding the foregoing, the repeal of said resolution shall have no effect upon any action taken by any city officer pursuant thereto prior to the effective date of this resolution. Section 3. In the absence of a written designation by the City Manager who is currently employed by the City and in accordance with Section 503 of the Santa Ana City Charter or in the absence of the City Council's appointment of an Acting City Manager, the following officers of the City, in the order designated, are deputized to exercise any and all authority granted to the office of the City Manager by the charter and ordinances of the City of Santa Ana, by any resolution or agreement approved by the City Council of the City of Santa Ana, or by any other legal authority: (1) Assistant City Manager (2) Deputy City Manager (3) Chief of Police (4) Executive Director of Finance and Management Services (5) Executive Director of Personnel Services Resolution No. 2017 - 55A -3 Page 1 of 3 Each officer on the above list shall be considered senior to the officers following such officer on the above list for purposes of this resolution. For purposes of this Resolution, the term "City Manager" shall include any officer designated as "Acting City Manager" by the City Council. Section 4. Any person designated as the Acting City Manager either by the currently employed City Manager in accordance with Santa Ana City Charter Section 503 or by operation of this Resolution, and who serves for more than thirty (30) days, shall as of the 31 st day of service receive the same compensation and benefits provided to the Police Chief as set forth in the Basic Compensation and Benefit Plan for Classes of Employment Designated as Unrepresented Executive Management plus one dollar ($1.00); provided, however, that the Acting City Manager shall not receive any pay or benefits specific to law enforcement or public safety officers. The compensation and benefits provided for herein shall be retroactive to the 31st day of service. Nothing in this Resolution shall restrict the City Council's authority to enter into an agreement approved by a majority vote of the Council providing for different compensation, benefits and conditions of employment for an Acting City Manager. Section 5. The authority granted by section 3 of this Resolution shall only be exercised by the officers designated therein only in accordance with the following standards: (a) The authority shall be exercised only in the absence of the City Manager and all senior officers. (b) The authority shall be exercised only as to matters which cannot reasonably be postponed until the return of the City Manager or a senior officer or as to minor and routine matters. Section 6. No action by an officer designated in section 3 of this Resolution pursuant to the authority granted therein shall be invalid by reason of noncompliance with the standards set forth in section 4 of this resolution. However, the City Manager or a senior officer shall have the same authority to rescind such action as if such action had been taken by the City Manager or such senior officer in the first instance. Section 7. Nothing in this Resolution shall be construed to limit the existing authority of the City Manager to delegate matters for action by subordinate officers or employees or to designate subordinate officers or employees to act as his representative on any matter. Resolution No. 2017 - Page 2 of 3 55A -4 Section 8. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of May 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney AYES Q-. Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY Date: Clerk of the Council City of Santa Ana Resolution No. 2017 - 55A -5 Page 3 of 3 'P�PM